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OFFICE
OF THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
27/VBHN-VPQH
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Hanoi,
December 29, 2022
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LAW
ON
RADIO FREQUENCIES
The Law on Radio Frequencies No.
42/2009/QH12 dated November 23, 2009 of the National Assembly, coming into
effect from July 1, 2010 is amended by:
The Law No. 09/2022/QH15 dated
November 9, 2022 of the National Assembly on amendment to the Law on Radio Frequencies,
coming into effect from July 1, 2023.
Pursuant to the Constitution of
the Socialist Republic of Vietnam in 1992 amended by Resolution No.
51/2001/QH10;
The National Assembly
promulgates the Law on Radio Frequencies[1].
Chapter I
GENERAL PROVISIONS
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This Law prescribes management and
use of radio frequencies, radio frequency devices, satellite orbit, and
management of radio frequency radiation safety, electromagnetic compatibility
(hereinafter referred to as “management and use of radio frequencies”); rights
and obligations of organizations and individuals managing, using radio frequencies.
Article 2. Regulated entities
This Law applies to organizations
and individuals managing, using radio frequencies in Vietnam.
Article 3. Definitions
In this Law, the terms below are
construed as follows:
1. “radio frequencies” mean frequencies
of radio waves.
“radio waves” mean electromagnetic
waves with frequencies below 3000 GHz propagating freely in space, without
waveguide.
2. “radio spectrum” refers
to the entire spectrum of radio frequencies.
3. “radio frequency band” (hereinafter
referred to as “frequency band”) refers to a band of radio frequencies limited
by 2 defined frequencies.
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5. “radio communication” means
transmission, emission, or reception of symbols, signals, codes, writings,
pictures, sounds or other types of information via radio waves.
6. “radio service” means the
transmission, emission, or reception of radio waves for a specific radio
communication purpose, includes fixed radio service, mobile radio service,
sound broadcasting, television broadcasting, aviation, navigation, positioning,
satellite, standard broadcasting, amateur broadcasting, and other radio
services. Radio services are classified into primary services and secondary
services.
“primary services” are
priority services according to the National planning for radio spectrum.
“secondary services” are
non-priority services according to the National planning for radio spectrum.
7. “radio station” refers to
a combination of radio frequency devices, including attachments to implement
radio services. Radio stations are classified by the type of services which the
radio stations regularly or temporarily implement.
8. “radio frequency radiation” refers
to energy created in form of radio waves by any source.
9. “radio frequency emission” refers
to radiation of a radio station.
10. “radio frequency devices” refer
to receivers, transceivers of signals, symbols, data, writings, pictures,
sounds, or other types of information via radio waves.
11. “devices applying radio
waves” refer to devices that create and use localized radio waves for
application in industry, science, medical, household, or similar purposes but
are not radio frequency devices.
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13. “harmful interference” means
harmful effect of electromagnetic energy caused by emission, radiation, or induction
that causes safety loss or interferes, interrupts operation of other legally
operating radio frequency devices and systems.
14. “electromagnetic
compatibility” refers to the ability of radio frequency, electric,
electronic devices and systems to operate normal in electromagnetic environment
without interfering other devices and systems.
15. “radio frequency allotment” means
to allot defined frequency bands and channels to one or many organizations,
individuals to use under specific conditions in regard to a type of radio
service.
16. “radio frequency assignment”
means determining to allow organizations and individuals to use radio
frequencies or channels under specific conditions in regard to a radio station.
17. “radio frequency
examination” means reviewing the use of radio frequency, radio frequency
devices, license to use radio frequency, radio operator certificate, measuring
technical parameters of radio stations, identifying causes of harmful
interference in order to evaluate and comment on compliance with radio
frequency laws.
18. “radio frequency control” means
monitoring and supervising radio broadcasting activities via the use of
technical equipment.
Article 4. The Government
policies on radio frequencies
1. Prioritize the development of
human resources, technical facilities to ensure effective management and use of
radio frequencies.
2. Strengthen international
cooperation in radio frequency to protect Government benefits and national
sovereignty in regard to radio frequency and satellite orbit.
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4. Prioritize and encourage
research, development, and application of technologies that effectively utilize
radio spectrum.
5. Encourage and assist
organizations registering satellite orbit location.
Article 5. State management
responsibilities in radio frequencies
1. The Government shall perform
joint state management in regard to radio frequencies.
2. The Ministry of Information and
Communications shall be responsible to the Government for performing joint state
management in regard to radio frequencies and have the tasks, powers to:
a) promulgate or request competent
authorities to promulgate and organize implementation of legislative documents
on radio frequencies; promulgate national technical regulations on radio
frequency devices, radio frequency emission, electromagnetic compatibility, and
radio frequency radiation safety;
b) approve or request competent
authorities to approve and organize implementation of planning for radio
frequencies; allot radio bands for the purpose of national defense and
security; regulate the requirements for allotting, assigning, and using radio
frequencies;
c)[2] issue, reissue,
revise, amend, extend, and revoke license to use radio frequencies; manage fee for
issuance of license to use radio frequencies, fee for use of radio frequencies,
fee for licensing of radio frequencies as per the law;
d) organize cooperation of radio
frequencies and satellite orbit with other countries, territories, and
international organizations; register radio frequencies and satellite orbit
with international organizations;
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e) inspect, examine, deal with
complaints, denunciations, and take actions against violations of radio
frequency laws;
g) perform international
cooperation in radio frequencies;
h)[3] provide refresher
training and professional guidance in radio frequencies; manage the training
and issuance of radio operator certificate;
i) disseminate regulations and law
on radio frequencies.
3. Ministries and ministerial
agencies within their tasks and powers are responsible for cooperating with
Ministry of Information and Communications in performing state management in
radio frequencies.
4. People’s Committees of all
levels, within their tasks and powers, shall perform state management in radio
frequencies in their jurisdiction.
Article 6. Radio frequency
authority
Radio frequency authority is an
authority affiliated to the Ministry of Information and Communications,
responsible for assisting the Minister of Information and Communications in
implementing state management tasks pertaining to radio frequencies under
assignment and empowerment of competent authority.
Article 7. Radio frequency
inspectors
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Article 8. International
cooperation in radio frequencies
1. International cooperation in
radio frequencies shall be implemented in a manner that respects independence,
sovereignty, equality, and reciprocity principles.
2. International cooperation in
radio frequencies includes:
a) Signing international treaties
and agreements pertaining to radio frequencies;
b) Implementing international registration
and cooperation pertaining to radio frequencies and satellite orbit;
c) Exchanging information and
experience in radio frequencies in order to improve radio frequency management
and use effectiveness of Vietnam and fit development trend worldwide;
d) Establishing and developing
cooperation relation pertaining to radio frequency management and use with
other countries, territories; providing training, human resource development;
developing and implementing international programs and projects pertaining to
radio frequencies.
3. [4]
(annulled)
Article 9. Prohibited acts
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2. Using radio frequencies intended
specifically for emergency care, safety, search, rescue, evacuation, national
defense and security for other purposes.
3. Obstructing agencies,
organizations, and persons in the performance of inspection, examination, and
control tasks regarding radio frequencies and satellite orbit.
4. Intentionally causing harmful
interference or illegally obstructing the operation of radio communication
system.
5. Sabotaging technical radio
frequency infrastructures; illegally obstructing the legal construction of
technical radio frequency infrastructures.
6. Abusing power to violate radio
frequency laws.
Chapter II
PLANNING FOR RADIO FREQUENCIES
Article 10. Rules for developing
and approving planning for radio frequencies
1. Comply with regulations and law
of Vietnam, international agreements to which the Socialist Republic of Vietnam
is a signatory, international laws and practices.
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3. Conform to development trend of
radio services around the world while take into account the situation of radio
frequency use in Vietnam.
4. Ensure reasonable, effective,
efficient, and purposeful management, use of radio frequencies.
5. Apply new and advanced
technologies in effectively utilizing radio spectrum.
6. Conform to technological
convergence trends and radio frequency services.
7. Conform to national planning for
information and communications infrastructures, avoid cluttering[5] of frequency
band used in telecommunication operation.
Article 11. Types of planning
for radio frequencies; entitlement to approve and execute planning for radio
frequencies
1. Planning for radio frequencies
includes:
a) National planning for radio spectrum
shall plan to divide radio spectrum into frequency bands for use by radio
services and regular purpose, conditions for use of each frequency band;
b)[6] Frequency band
planning shall plan to divide frequency bands into one or multiple frequency
blocks for each radio communication system and regulate the allotment of the
frequency band for use by organization or organizations under specific
conditions.
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c)[7] Planning for frequency
subchannels shall divide a frequency band into frequency channels intended for
a specific radio service under a specific standard and regulate the conditions
for use of these channels;
d) Planning for use of channels
shall allocate and regulate conditions for use of channels
2. The entitlement to approve and
implement planning for radio frequencies is prescribed as follows:
a) The Minister of Information and
Communications shall develop and request the Prime Minister to approve the
National planning for radio spectrum;
b) The Minister of Information and
Communications shall approve frequency band planning, sub-channel planning, and
channel use planning on the basis of the National planning for radio spectrum;
c) The Minister of Information and
Communications shall organize implementation of planning for radio frequencies;
d) The Minister of Information and
Communications shall take charge and cooperate with competent authorities in
assessing conformity of development planning and plans of sectors that utilize
radio frequencies in regard to planning for radio frequencies.
3. [8]
The manufacturing and import of radio frequency devices, devices applying radio
waves for use in Vietnam and the management, use of radio frequencies must
conform to planning for radio frequencies in accordance with the law, except
for special cases under Clause 1 Article 11a of this Law.
Article 11a. Special cases in
which radio frequencies are used beyond planning[9]
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2. Minister of Information and
Communications shall grant permission for the use of radio frequencies and
radio devices under Clause 1 of this Article on a case-by-case basis under
specific conditions.
Article 12. Revocation of use
right of radio frequencies for planning implementation
1. Revocation of use right of radio
frequencies for planning implementation refers to cases where competent
authorities decide to partially or entirely revoke use right of frequency
bands, channels issued to organizations, individuals together with valid license
to use radio frequencies in order to change use purposes or users.
2. Revocation of use right of radio
frequencies shall be implemented when:
a) The revocation of radio
frequencies serves national defense, security, or national benefits;
b) Use purpose or users no longer
conform to planning for radio frequencies.
3. Ministry of Information and
Communications shall publish planning for radio frequencies, time, plans for
changing frequencies, radio frequency devices for planning implementation, and
notify organizations, individuals whose right to use radio frequencies is
revoked.
4. Organizations and individuals
whose right to use radio frequencies must stop using radio frequencies in
accordance with revocation decision of the Ministry of Information and
Communications[10].
5. Organizations and individuals
whose right to use radio frequencies are revoked mentioned under Clause 2 of
this Article shall receive compensation as per the law.
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RADIO FREQUENCY EMISSION QUALITY CONTROL, RADIO
FREQUENCY RADIATION SAFETY MANAGEMENT, AND ELECTROMAGNETIC COMPATIBILITY
MANAGEMENT
Article 13. Radio frequency
emission quality control
1. Organizations and individuals
importing radio frequency devices under the List of radio frequency devices
that can cause harmful interference must apply for conformity certification,
issue declaration of conformity, and use seal of conformity prior to
introducing such radio frequency devices in market circulation or use.
2. the Minister of Information and
Communications shall promulgate the List of radio frequency devices that can
cause harmful interference and are required conformity certification,
declaration of conformity, and seal of conformity.
3. The Ministry of Science and
Technology shall appraise and publish national standards on radio frequency
emission after reaching an agreement with the Ministry of Information and
Communications.
4. The mutual
recognition agreements with regard to conformity assessments in technical
standards and regulations pertaining to radio frequency emission between
Vietnam and other countries, territories shall conform to international
treaties to which Vietnam is a signatory; between conformity assessing bodies
of Vietnam and conformity assessing bodies of other countries, territories
shall conform to respective agreements between the parties.
Article 14. Radio frequency radiation
safety management
1. Radio
frequency radiation safety management refers to a number of measures for
preventing and mitigating harmful effects of radio frequency radiation of radio
stations, radio frequency devices, devices applying micro waves on humans and
environment.
2. Organizations
and individuals using radio stations, radio frequency devices, and devices
applying micro waves must conform to regulations on radio frequency radiation
safety.
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4. Organizations
and individuals must inspect radio stations named under the List of radio
stations that require radio frequency radiation safety inspection prior to
introducing such radio stations into use.
5. The
Minister of Information and Communications shall promulgate the List of radio
frequency devices and devices applying micro waves that can cause loss of radio
frequency radiation safety and require conformity certification, declaration of
conformity, and seal of conformity; the List of radio stations that require
radio frequency radiation safety inspection; regulations on inspection
procedures, and list of eligible inspecting organizations for radio stations.
Article 15. Electromagnetic
compatibility management
1. Organizations
and individuals introducing electric, electronic devices that produce radio
frequency radiation into use must conform to regulations on electromagnetic
compatibility management.
2. Organizations
and individuals manufacturing, importing electric, electronic devices that
produce radio frequency radiation under the List of devices that can cause
safety loss due to electromagnetic incompatibility under Clause 3 and Clause 4
of this Article must apply for conformity certification, issue declaration of
conformity, and use seal of conformity prior to introducing such as electric,
electronic devices into use.
3. The Minister of Information and
Communications shall promulgate the List of electric devices, telecommunication
devices, information technology devices, and devices applying radio waves that
can cause safety loss due to electromagnetic incompatibility.
4. The
Minister of Science and Technology shall promulgate the List of electric,
electronic devices that produce radio frequency radiation and cause safety loss
due to electromagnetic incompatibility, except for devices under the List
specified in Clause 3 of this Article; publish National Standards on
electromagnetic compatibility in regard to electric, electronic devices that
produce radio frequency radiation after reaching an agreement with Ministry of
Information and Communications.
5. The mutual
recognition agreements with regard to conformity assessments in technical
standards and regulations pertaining to electromagnetic compatibility ion
between Vietnam and other countries, territories shall conform to international
treaties to which Vietnam is a signatory; between conformity assessing bodies
of Vietnam and conformity assessing bodies of other countries, territories
shall conform to respective agreements between the parties.
Chapter IV
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Article 16. License to use radio
frequencies
1. Organizations
and individuals using radio frequencies, radio frequency devices must hold
respective license to use radio frequencies, except for cases under Article 27
hereof.
The license to use radio
frequencies includes the license to use frequencies and radio frequency
devices, license to use frequency band, license to use frequencies and
satellite orbit.
2. Effective
period of license to use radio frequencies is prescribed as follows:
a) License to use radio frequencies
and radio frequency devices shall remain effective for up to 10 years and be
issued to organizations and individuals to allow them to use radio frequencies
and radio frequency devices under specific conditions;
b) License to use frequency band
shall remain effective for up to 15 years, be issued to organizations to allow
them to use frequency band or channels under specific conditions;
c) License to use frequencies and
satellite orbit shall remain effective for up to 20 years, be issued to
organizations to allow them to operate radio stations positioned on satellites,
on defined satellite orbit, using defined band, and under specific conditions.
3. [11]
Effective period of license to use radio frequencies shall depend on request of
applicants without exceeding the maximum effective period under Clause 2 of
this Article, except for cases under Clause 3a of this Article and Point d
Clause 4 Article 18 hereof.
3a. [12] Effective
period of license to use frequency band issued via bidding or reissued shall be
decided by Minister of Information and Communications without exceeding the
maximum effective period under Clause 2 of this Article.
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Article 17. Rules for issuing license
to use radio frequencies
1. Remain public, transparent, and
legitimate.
2. [14]
Conform to planning for radio frequencies, except for special cases under
Clause 1 Article 11a hereof.
3. Satisfy technological
convergence and radio service requirements.
4. Ensure feasibility, legitimacy,
effectiveness, efficiency, and use purposes; protect legal rights and benefits
of users of radio services.
5. Primary services shall be
prioritized over secondary services.
6. Satisfy radio frequency use
demands which serve public interest and perform Government's public tasks.
7. The issuance of license to use
radio frequencies to representative diplomatic missions, foreign consular,
representative agencies of foreign organizations in Vietnam, foreign
high-ranking delegations visiting Vietnam receiving benefits and diplomatic
immunity must conform to this Law, international agreements to which the
Socialist Republic of Vietnam is a signatory, international laws and practices.
Article 18. Methods of issuing license
to use radio frequencies[15]
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a) License issuance via bidding for
the right to use radio frequencies shall be implemented on the basis of
assessing bid documents based on investment capacity, technical operation,
business models guaranteeing implementation of telecommunication network
commitment, and bid of organizations;
b) License issuance via selection
for the right to use radio frequencies shall be implemented on the basis of
assessing selection request based on investment capacity, technical operation,
and business models guaranteeing implementation of telecommunication network of
organizations;
c) License issuance in person for
the right to use radio frequencies shall be implemented on the basis of
assessing application following first come first serve principle.
2. License issuance via bidding
shall apply to:
a) Frequency bands necessary for
establishing public land telecommunication network;
b) Frequency bands and channels
necessary for establishing other public land telecommunication networks decided
by the Prime Minister at request of the Minister of Information and
Communications based on development of domestic telecommunication market and
international practices regarding the licensing of these frequency bands and
channels.
3. License issuance via selection
shall apply to frequency bands and channels under Clause 2 of this Article if
large-scale broadcasting using new technology is required in a definite amount
of time or when new organizations are required to promote competition in
telecommunication operations.
The Prime Minister shall decide
frequency bands and channels to be licensed via selection at request of Minister
of Information and Communications.
4. License issuance in person shall
apply to:
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b) Frequency bands and channels
mentioned under Clause 2 of this Article if they are used for testing
telecommunication networks and services, and in special cases mentioned under
Clause 1 Article 11a hereof;
c) Frequency band sand channels
under Clause 2 of this Article when they are issued in case of emergency as per
the law with no more than 3 years of effective period or when they are reissued
in accordance with Article 20a hereof;
d) In special cases, frequency
bands under Clause 2 of this Article shall be issued to state-owned enterprises
serving national defense and security with no more than 3 years of effective
period in order to develop the economy and implement national defense and
security tasks.
Ministry of National Defense and
Ministry of Public Security shall be responsible for producing schemes for
using frequency bands in economic development together with national defense
and security tasks and consulting Ministry of Information and Communications,
consulting Ministry of Public Security in case of schemes produced by the
Ministry of National Defense or consulting Ministry of National Defense in
regard to schemes produced by the Ministry of Public Security, requesting Prime
Minister to approve the schemes before Ministry of Information and
Communications issues license.
Schemes must not affect national
defense, security, government secret safety, security, healthy competitiveness
in telecommunication operation; define national defense and security tasks
which are assigned to enterprises; define number of frequencies serving
national defense and security over total number of frequencies requested for
licensing.
Within 3 months before expiry date
of license, Ministry of Information and Communications shall assess
effectiveness of the use of issued frequency bands and report to allow the
Prime Minister to decide on suspension or continuation of the schemes for up to
12 years which enables Ministry of Information and Communications to extend the
license.
5. The Government shall elaborate
this Article.
Article 18a. Conditions for
participating in bidding, selection for use right of radio frequencies and
commitment to implement telecommunication networks[16]
1. Conditions for participating in
bidding, selection for use right of radio frequencies includes:
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b) Requirements for permission to
establish telecommunication networks using frequency bands and channels corresponding
to frequency bands and channels for bidding and selection in accordance with
telecommunication laws;
c) Having completed financial
obligations relating to telecommunication and radio frequencies as per the law;
d) Having made commitment to
implement telecommunication network in accordance with Clause 2 and Clause 3 of
this Article.
2. Commitment to implement
telecommunication network consists of:
a) Total investment made into the
network or number of radio broadcasting stations to be implemented;
b) Coverage depending on population
or geographic area;
c) Telecommunication service start
date starting from the date of licensing;
d) Quality of telecommunication
services;
dd) Telecommunication service
roaming.
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4. Organizations infringing the
commitment to implement telecommunication network under Point a or Point b
Clause 2 of this Article shall have their right to use radio frequencies
partially suspended without receiving part of the licensing fee corresponding
to the partially suspended frequencies during suspension period.
5. The Government shall elaborate
this Article.
Article 19. Issuance of license
to use frequencies and radio frequency devices
1. Entities eligible for license
issuance include:
a) Vietnamese organizations and
citizens, foreign organizations legally operating in Vietnam;
b) Foreigners using amateur radio stations
or radio frequencies for other purposes determined by the Government[17].
2. Conditions for applying for the license
include:
a) Using frequencies and radio
frequency devices for purposes and radio services that are not prohibited by
the law;
b)[18] Holding
telecommunication license in accordance with telecommunication laws regard to
organizations applying for license to use radio frequencies to establish
telecommunication network;
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d)[20] Having feasible plans for
using radio frequencies that conform to planning for radio frequencies or
feasible plans for using radio frequencies for special cases mentioned under
Clause 1 Article 11a of this Law;
dd) Having radio frequency devices
conforming to technical regulations on radio frequency emission, radio
frequency radiation, and electromagnetic compatibility;
e) Having made commitment to comply
with regulations and law on information safety, security, inspection and
dealing with harmful interference, and radio frequency radiation safety;
g) Having radio operator
certificate for cases under Clause 1 Article 32 of this Law.
3. [21]
(annulled)
Article 20. Issuance of license
to use frequency bands[22]
1. Entities eligible for applying
for the license shall be organizations legally operating in Vietnam.
2. Organizations mentioned under
Clause 1 of this Article shall be eligible for license issuance in person if
they meet requirements under Points a, b, d, dd, and e Clause 2 Article 19 of
this Law.
License issuance under Point d
Clause 4 Article 18 of this Law requires fulfillment of requirements under
Points a, b, d, dd, and e Clause 2 Article 19 of this Law and decision of the
Prime Minister approving the schemes.
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3. In order to receive the license
via bidding or selection for the right to use radio frequencies, organizations
under Clause 1 of this Article must:
a) win the bid or be selected for
the right to use radio frequencies;
b) possess the license to establish
telecommunication network using frequency bands, channels that they win via
bidding or get selected for.
Article 20a. Reissuance of license
to use frequency bands[23]
1. Reissuance of license to use
frequency bands means allowing organizations which have been issued with license
to use frequency bands to continue to use previously issued frequency blocks when
previous license to use frequency bands has expired.
2. The right to use radio
frequencies shall be reissued for frequency bands if all previously issued
frequency blocks still conform to the division of frequency blocks under
planning for frequency bands applicable at the time in which license to use
frequency bands expires.
3. At least 3 years before the
expiry date of license to use frequency bands, Ministry of Information and
Communications must inform holders of license to use frequency bands about the
planning for frequency bands applicable at expiry date.
4. Conditions for reissuance of license
to use frequency bands include:
a) Requirements under Points a, d,
dd, and e Clause 2 Article 19 hereof;
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c) Adequately paying fee for licensing
of radio frequencies and fee for use of radio frequencies with respect to
frequency bands and channels requested for reissuance as per the law;
d) Having made commitment to
implement telecommunication network with respect to frequency bands and
channels requested for reissuance in accordance with Clause 2 and Clause 3
Article 18a of this Law.
5. Within 30 days before the date
on which the license to use frequency bands expires after 6 months,
organizations can submit application for reissuance to the Ministry of
Information and Communications.
Ministry of Information and
Communications is responsible for reissuing license to use frequency bands
within 30 days before expiry date of the previous license; providing written
response and reason in case of rejection.
6. If license to use frequency
bands is issued after the previous license has expired shall be eligible for
extension in accordance with Clause 1 Article 22 hereof.
7. License to use frequency bands
shall not be re-issued in case of frequency bands and channels provided for the
purpose of network and telecommunication service testing, provided in case of
emergency as per the law; and provided in accordance with Clause 1 Article 11a,
Point d Clause 4 Article 18 hereof.
Article 21. License to use
frequencies and satellite orbit
1. Entities eligible for applying
for the license shall be organizations legally operating in Vietnam.
2. Conditions for applying for the license
include:
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b) Having effective and feasible
plans for using satellite orbit in purposes and radio services not prohibited
by the law;
c) Having made commitment to comply
with Vietnam’s regulations and law and international agreements to which the
Socialist Republic of Vietnam is a signatory regarding the use of radio
frequencies, satellite orbits, and space.
Article 22. Extension, revision,
replacement issue of license to use radio frequencies; suspension of use of
radio frequencies[24]
1. The extension of license to use
radio frequencies must rely on principles under Article 17 of this Law and the
following regulations:
a) Organizations and individuals
receiving the license to use radio frequencies shall adequately fulfill
obligations corresponding to respective type of license;
b) Minimum remaining effective
period of license shall be 30 days in case of license to use frequencies and
radio frequency devices, 60 days in case of license to use frequency bands, and
90 days in case of license to use frequencies and satellite orbit;
c) Extended period of license must
not exceed effective period of telecommunication license, license for press
activities, or must conform to the right of sound broadcasting and television
broadcasting as per the law;
d) The total effective period of
first issuance and instances of extension must not exceed the maximum effective
period prescribed for respective type of license to use radio frequencies; if
effective period of the first license equals the maximum effective period,
extension of said license is no longer feasible;
dd) The Prime Minister issues decision
on approval for cases mentioned under Point d Clause 4 Article 18 of this Law.
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a) The license to use radio frequencies
remains effective;
b) Organizations and individuals
receiving the license to use radio frequencies shall adequately fulfill
obligations corresponding to respective type of license;
c) The revision of license must
conform to Article 19 through 21 of this Law for each type of license.
3. The replacement issue of license
to use radio frequencies shall be implemented if the previous license is lost
or damaged.
4. Suspension of use of radio
frequencies at request of organizations and individuals is prescribed as
follows:
a) Organizations and individuals
that no longer use radio frequencies must request the Ministry of Information
and Communications in writing to suspend the use of radio frequencies;
b) If the license is not
accompanied by commitment to implement telecommunication network, applicants
are eligible for a refund of the fee for use of radio frequencies and fee for licensing
of radio frequencies that they have submitted corresponding to the remaining
effective period of the license (rounded in months) as per the law if the
remaining effective period is at least 30 months starting from the date on
which the Ministry of Information and Communications receives the request;
c) If the license is accompanied by
commitment to implement telecommunication network, applicants are not eligible
for a refund of the fee for use of radio frequencies and fee for licensing of
radio frequencies that they have submitted.
5. In case of suspension mentioned
under Article 12 of this Law, applicants are eligible for a refund of the fee
for use of radio frequencies and fee for licensing of radio frequencies that
they have submitted corresponding to the remaining effective period of the license
(rounded in months) as per the law from the date on with the Ministry of Information
and Communications issues decision on revocation.
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1. Organizations and individuals
shall have their license to use radio frequencies revoked when they:
a) use radio frequencies to harm
the Socialist Republic of Vietnam; harm national defense, security, social
order or safety; or
b) use radio frequencies in a
manner that disregards the license, causes serious damage to benefits of the
Government, legal rights and benefits of organizations and individuals; or
c) intentionally cause harmful
interference for other radio frequency devices, systems, or use radio
frequencies intended for national defense, security, rescue, safety, search,
evacuation for other purposes thereby causing serious damage; or
d) intentionally commit fraud or
provide false information in order to apply for the license; or
dd)[25] fail to adequately submit
fee for use radio frequencies or fee for licensing of radio frequencies as per
the law within 12 months from the date on which the payment deadline is reached
according to notice of radio frequency authority; or
e)[26] fail to implement
contents of the license within 2 years from the date on which the license is
issued, except for cases under Point h of this Clause; or
g)[27] have respective
telecommunication license, license for press activities or the right to sound
broadcasting, television broadcasting revoked; or
h)[28] fail to rectify
infringement of commitment to implement telecommunication network after a period
of partial suspension of the right to use radio frequencies.
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3. [30]
Organizations and individuals having their license to use radio frequencies
revoked in accordance with Clause 1 of this Article are not eligible for a
refund of fee for use of radio frequencies and fee for licensing of radio
frequencies.
Article 24. Transfer of the
right to use radio frequencies[31]
1. Organizations issued with
license to use frequency bands via bidding are allowed to transfer the right to
use radio frequencies to other organizations after 5 years from the date on
which the license to use frequency bands is issued.
Organizations issued with the
license to use frequency bands via selection or direct issuance are not allowed
to transfer the right to use frequency bands.
2. Conditions for transfer of the
right to use radio frequencies include:
a) Transferred organizations must
satisfy conditions for issuance of license to establish telecommunication
network appropriate to frequency bands, channels that are transferred to them
in accordance with telecommunication laws, conditions under Points a, d, dd,
and e Clause 2 Article 19 of this Law, and must inherit all obligations of
transferring organizations;
b) Total bandwidth available to
transferred organizations shall not exceed the total bandwidth per organization
under planning for frequency bands;
c) Parties to a transfer of the right
to use radio frequencies are responsible for securing legitimate rights and
benefits of users of telecommunication services as per signed telecommunication
service agreements.
3. Based on conditions under Clause
2 of this Article, Ministry of Information and Communications shall review and
approve the transfer; issue the license to use frequency bands to transferred
organizations once the transfer is complete.
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5. The Government shall elaborate
this Article.
Article 25. Lease and leading of
radio frequency devices
1. Organizations and individuals
owning vehicles equipped with radio frequency devices, or owning amateur radio
stations can reach an agreement in order to lease or lend the licensed radio
frequency devices to other organizations, individuals and must inform radio
frequency authority.
2. Parties borrowing, renting radio
frequency devices must satisfy conditions for issuance of license under Clause
1 Article 19 of this Law. Leasing, lending parties and renting, borrowing
parties must comply with radio frequency laws and other relevant law
provisions.
3. The Government[32] shall
elaborate the lending and leasing of radio frequency devices.
Article 26. Sharing of radio
frequencies
1. Organizations and individuals
using radio frequencies with low frequency of use or in on a large scale must
share radio frequencies with other organizations and individuals and accept any
effect caused by the sharing of radio frequencies.
2. Organizations and individuals
issued with license to share radio frequencies must use radio frequencies in
accordance with the license and are encourage to utilize encryption or other
technical solutions for the purpose of information security.
3. The Government[33] shall
elaborate the sharing of radio frequencies.
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1. License to use the following
radio frequency devices shall be exempted:
a) Radio frequency devices[34]
with low possibility of causing harmful interference named under List specified
in Clause 2 of this Article;
b) Radio frequency devices mounted
on sea vessels, aircrafts traversing Vietnamese territories eligible for
exemption from license according to international agreements, international
treaties to which the Socialist Republic of Vietnam is a signatory.
2. The Minister of Information and
Communications shall publish the List of radio frequency devices exempt from
license to use radio frequencies together with technical and operating
conditions.
3. Organizations and individuals
manufacturing, importing radio frequency devices under the List mentioned in
Clause 2 of this Article are responsible for declaring and making sure that the
devices satisfy technical and operating conditions applicable to radio
frequency devices exempt from license to use radio frequencies before
introducing the devices into market circulation.
4. Organizations and individuals
using radio frequency devices exempt from license to use radio frequencies must
comply with technical and operating conditions applicable to the devices.
Article 28. Rights and
obligations of organizations, individuals issued with license to use radio
frequencies and radio frequency devices
1. Use radio frequencies and radio
frequency devices in accordance with the license.
2. Request competent authorities to
deal with harmful interference.
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4. Comply with regulations and law
in installing and using radio frequencies, radio frequency devices.
5. Design and install radio
stations, antennas in a manner that complies with regulations on
electromagnetic compatibility, radio frequency radiation safety, construction
safety, aviation safety, and other relevant law provisions.
6. Stay under investigation,
inspection, and control regarding radio frequencies of competent authorities.
7. Perform financial obligations
relating to the use of radio frequencies as per the law.
8. Implement international registration
and cooperation in radio frequencies for cases under Article 41 of this Law.
9. Comply with agreements on
international cooperation regarding radio frequencies and international
treaties to which the Socialist Republic of Vietnam is a signatory.
Article 29. Rights and
obligations of organizations issued with license to use frequency bands
1. Decide on quantity and type of
radio frequency devices operating in radio communication network.
2. Are not required to apply for
license to use radio frequencies and radio frequency devices for every radio
frequency device operating within radio communication network.
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4. Comply with the license; report,
promptly include changes to technical specifications, lists of broadcasting
devices in radio communication network.
5. Comply with radio frequency
laws.
6. Design and install radio
stations, antennas in a manner that complies with regulations on radio
frequency radiation safety, electromagnetic compatibility, construction safety,
aviation safety, and other relevant law provisions.
7. Deal with harmful interference
between radio frequency devices within their radio communication network.
8. Cooperate with organizations
holding license for adjacent frequency bands in using radio frequencies and
preventing harmful interference.
9. Stay under investigation,
inspection, and control regarding radio frequencies of competent authorities.
10. Perform financial obligations
relating to the use of radio frequencies as per the law.
11. Implement international registration
and cooperation in radio frequencies for cases under Article 41 of this Law.
12. Comply with agreements on
international cooperation regarding radio frequencies and international
treaties to which the Socialist Republic of Vietnam is a signatory.
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1. Decide on quantity and type of
radio frequency devices operating in radio communication network.
2. Form a joint venture and connect
with other organizations in managing and utilizing satellites.
3. File complaints against
violations of the law regarding radio frequency.
4. Comply with regulations of
license to use radio frequencies and satellite orbit.
5. Comply with regulations of
Vietnam and international treaties on outer space to which the Socialist
Republic of Vietnam is a signatory.
6. Stay under investigation,
inspection, and control regarding radio frequencies of competent authorities.
7. Perform financial obligations
relating to the use of radio frequencies and satellite orbit as per the law.
8. Implement international registration
and cooperation in radio frequencies and satellite orbit; inspect registration
of radio frequencies and satellite orbit of foreign countries[35] for
cases mentioned under Article 41 of this Law.
9. Comply with agreements on
international cooperation regarding radio frequencies and satellite orbit, and
international treaties to which the Socialist Republic of Vietnam is a
signatory.
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1. Organizations and individuals
issued with license to use radio frequencies must pay fee for use of radio
frequencies and fee for licensing of radio frequencies.
The fee shall be determined in
order to cover the costs and in a manner that takes into account social-economic
development policies of the Government from time to time, ensures equality,
openness, transparency depending on use purpose; level of spectrum occupancy;
range of coverage; level of frequency use in frequency band and area where
radio frequencies are used.
The submission, collection,
management, and use of fees relating to radio frequencies shall conform to
regulations and law on fees and charges.
2. Organizations issued with
license to use frequency bands in regard to frequency bands and channels under
Clause 2, Clause 3, and Point c Clause 4 Article 18 of this Law on must submit
fee for use right of radio frequencies.
3. State-owned enterprises serving
national defense, security issued with license to use radio frequencies for
economic development in combination with national defense and security tasks in
accordance with Point d Clause 4 Article 18 of this Law are responsible for
submitting fee for use right of radio frequencies corresponding to the quantity
of radio frequencies used for economic development in a manner that ensures
equality between state-owned enterprises serving national defense and security
and other telecommunication enterprises licensed to use radio frequencies on
the same frequency bands.
4. Fee for use right of radio frequencies
shall be submitted to state budget. The Government shall elaborate amount of
fee for use right of radio frequencies and collection, submission, management,
use thereof.
Article 32. Radio operator
certificate
1. [37]
Individuals operating radio frequency devices in maritime mobile service,
aviation mobile service, amateur radio service must obtain radio operator
certificates unless they have obtained equivalent certificates according to the
law or international treaties to which the Socialist Republic of Vietnam is a
signatory.
2. [38]
The Government shall elaborate conditions and procedures for recognizing
organizations eligible for providing training, issuing radio operator
certificate in maritime mobile service, aviation mobile service, amateur radio
service; elaborate radio operator certificate, eligibility, conditions, and
procedures for issuing, revoking radio operator certificate, recognizing radio
operator certificate of foreign countries, except for cases under Clause 3 of
this Article.
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Article 33. Use of radio
frequencies and radio frequency devices in case of emergency
1. In case of an emergency that
threatens human lives and property, organizations and individuals are allowed
to temporarily use unlicensed radio frequencies and radio frequency devices to
contact emergency care and must inform radio frequency authority.
2. Organizations and individuals
shall use radio stations to broadcast distress signals in order to attract
attention from radio frequencies that are not intended for rescue.
3. Organizations and individuals
receiving distress signals via radio stations must listen on the broadcasting
frequencies, respond, provide necessary assistance, and inform search and
rescue authority.
Chapter V
RADIO FREQUENCY EXAMINATION AND CONTROL, AND DEALING
WITH HARMFUL INTERFERENCE
Article 34. Entities subject to
radio frequency examination and control
1. Organizations and individuals
using radio frequencies and radio frequency devices within the territory of the
Socialist Republic of Vietnam shall be subject to radio frequency examination
and control conducted by competent authorities.
2. Individuals directly operating
radio frequency devices and radio frequency devices mounted on sea vessels and
Vietnamese aircrafts and of foreign aircrafts entering territory of the
Socialist Republic of Vietnam must conform to Vietnam’s regulations,
international agreements, international treaties to which the Socialist
Republic of Vietnam is a signatory and be subject to radio frequency
examination and control conducted by competent authorities.
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1. The Ministry of Information and
Communications shall organize radio frequency examination and control on a
nationwide level; regulate the establishment of inspectorates, contents of
inspection, procedures for inspection, and responsibilities of inspected
entities.
2. Ministry of National Defense and
Ministry of Public Security shall organize radio frequency examination and
control for radio frequencies serving national defense and security purposes.
3. Results of radio frequency
examination and control, reception and measurement of specifications of radio
frequency devices produced by competent authorities entitled to conduct radio
frequency examination and control shall serve as evidence for the purpose of
determining and taking actions against violations of the law regarding radio
frequencies and dealing with harmful interference.
Article 36. Forms of inspection
1. Periodic inspection shall be
conducted in according to inspection programs and plans approved by competent
authorities under Clause 1 and Clause 2 Article 35 of this law.
2. Irregular inspection shall be
conducted when dealing with harmful interference or when signs of violation of
radio frequency laws are found.
Article 37. Solutions for
mitigating harmful interference
Organizations and individuals
holding license to use radio frequencies must comply with the license and
implement the following measures to mitigate harmful interference:
1. Maintain radio frequencies
within the permissible radio frequency deviation according to regulations of
the Ministry of Information and Communications;
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3. Utilize broadcasting methods
with the lowest bandwidth occupancy that corresponds to the employed
technology;
4. Refrain from receiving,
broadcasting radio frequencies in unnecessary directions;
5. Use the lowest power level while
maintaining information quality.
Article 38. Rules for dealing
with harmful interference
1. Radio frequency authority shall
deal with harmful interference as follows:
a) Prioritize radio frequency emission
within sufficient bandwidth in regard to radio stations, maintain unwanted
radio frequency emission at the lowest level;
b) Prioritize primary services over
secondary services in changing radio frequencies or broadcasting specifications
for dealing with harmful interference;
c) Request organizations and
individuals using radio stations that cause harmful interference to change
radio frequencies, minimize channel capacity, changing height, polarization,
directional properties of broadcasting antennas, rearrange working hours, and
take other necessary actions in case of radio stations that cause harmful
interference;
d) Requesting organizations and
individuals using electric devices, electronic devices, and devices applying
micro waves to take measures to eliminate harmful interference;
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e) Organizations and individuals
causing interference as a result of failure to comply with their license must
incur costs for changing radio frequencies, radio frequency devices, dealing
with harmful interference, and pay damages if any damage is done by the harmful
interference;
g) Organizations and individuals
using radio frequency devices to cause harmful interference in a manner that
violates radio frequency laws must rectify harmful interference and be met with
punitive actions as per the law.
2. Organizations and individuals
requesting radio frequency authority to deal with harmful interference must
provide information on harmful interference. If these organizations and
individuals provide false information or evidence, they shall be met with legal
actions.
Article 39. Procedures for
dealing with harmful interference
1. Organizations and
individuals holding license to use radio frequencies, during harmful
interference, must take the following procedures:
a) Notify radio frequency authority
of harmful interference;
b) Conform to guidelines of radio
frequency authority in order to determine sources of interference, causes of
interference, and take actions to deal with harmful interference.
2. Radio frequency authority, while
finding causes of harmful interference, has the right and responsibilities to:
a) directly measure specifications
of radio frequency devices or electric devices, electronic devices, devices
applying micro waves that can be the cause for harmful interference;
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c) minimize impact on normal
operation of radio frequency devices during measurement or suspension of device
operation which serves identification of causes of harmful interference.
3. Organizations and individuals
using radio frequencies, radio frequency devices, electric devices, electronic
devices, devices applying micro waves[39] in area where harmful
interference occurs are responsible for cooperating with radio frequency
authority and facilitating rapid, accurate identification of harmful
interference sources and effective resolution of harmful interference.
4. Organizations and individuals
owning devices that cause harmful interference must repair, improve, or cease
operation of the devices and take other actions at request of radio frequency
authority in order to stop harmful interference.
Article 40. Technical corridor
of radio stations
1. Technical corridors of radio
stations mean the necessary empty space along directions of broadcast and
reception which warrant normal operation of radio stations.
2. The Government[40] shall
promulgate regulations on technical corridors of radio stations; promulgate
List of radio stations with secured technical corridor together with
installation address and location.
Chapter VI
INTERNATIONAL REGISTRATION AND COOPERATION PERTAINING
TO RADIO FREQUENCIES AND SATELLITE ORBIT
Article 41. Cases of
international registration and cooperation pertaining to radio frequencies and
satellite orbit
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1. They use radio frequencies and
radio frequency devices that can cause harmful interference to radio services
of other countries;
2. They use radio frequencies for
international radio communication system;
3. They use radio frequencies
allotted to countries by international organizations;
4. They use radio frequencies which
require international cooperation in accordance with international agreement
and international treaties to which the Socialist Republic of Vietnam is
signatory;
5. They require protection against
harmful interference caused by radio communication systems of other countries.
Article 42. International
registration and cooperation pertaining to radio frequencies and satellite
orbit for satellite system
1. International registration and
cooperation pertaining to radio frequencies and satellite orbit for satellite
systems shall conform to regulations of the International Telecommunication
Union (ITU).
2. Ministry of Information and
Communications is responsible for:
a) examining legitimacy of
registration for radio frequencies and satellite orbit, and registering with the
ITU; And
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c)[41] approving
international cooperation results pertaining to radio frequencies and satellite
orbit; and
d)[42] examining and
notifying the ITU of registration of radio frequencies and satellite orbit of
foreign countries that can affect Vietnam’s satellite system.
3. Organizations using radio
frequencies and satellite orbit are responsible for:
a) conforming to regulations on
international registration and cooperation pertaining to radio frequency and
satellite orbit under this Law and international treaties to which Vietnam is a
signatory; and
b) implementing cooperation in
radio frequencies with foreign organizations in accordance with Article 44 of
this Law; and
c) implementing cooperation in
radio frequencies and satellite orbit with radio frequency authority of other
countries led by the Ministry of Information and Communications; and
d) submitting radio frequency and
satellite orbit registration fee in accordance with regulations of the ITU; and
dd) taking necessary actions to
eliminate harmful interference which affects other satellite system in
accordance with regulations of the ITU; and
e)[43] examining, produce reports
on examination results of registration of radio frequencies and satellite orbit
of foreign countries satellites published by the ITU potentially affecting
satellites of issued license to use radio frequencies and satellite orbit, and
submitting the reports to the Ministry of Information and Communications.
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1. Ministry of Information and
Communications is responsible for:
a) organizing international
cooperation pertaining to radio frequencies with bordering countries; and
b) organizing international
cooperation pertaining to radio frequencies with other countries in accordance
with regulations of the ITU; and
c) examining legitimacy of
registration for radio frequencies and registering with the ITU; and
d) approving results of
international cooperation pertaining to radio frequencies[44].
2. Organizations using radio
frequencies are responsible for:
a) complying with regulations and
law on international registration and cooperation pertaining to radio
frequencies; and
b) implementing cooperation in
radio frequencies with foreign organizations in accordance with Article 44 of
this Law; and
c) implementing cooperation in
radio frequencies with radio frequency authority of other countries led by the
Ministry of Information and Communications; and
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dd) taking necessary actions to
eliminate harmful interference which affects radio communication system of
other countries in accordance with regulations of the ITU.
Article 44. Direct cooperation
in radio frequencies and satellite orbit with organizations using radio
frequencies and satellite orbit of foreign countries
1. Organizations using radio
frequencies and satellite orbit under Article 41 of this Law shall directly
cooperate with organizations using radio frequencies and satellite orbit of
foreign countries after Ministry of Information and Communications approves.
2. Cooperation in radio frequencies
and satellite orbit with organizations using radio frequencies and satellite
orbit of foreign countries must ensure national benefits and conform to
regulations of the ITU.
3. Radio frequency and satellite
orbit cooperation results takes effect as soon as the Ministry of Information
and Communications approves.
Chapter VII
MANAGEMENT AND USE OF RADIO FREQUENCIES FOR NATIONAL
DEFENSE AND SECURITY
Article 45. Allotment of radio
frequencies for national defense and security
1. The Ministry of Information and
Communications shall take charge and cooperate with the Ministry of National
Defense and Ministry of Public Security in proposing allotment of radio
frequencies for national defense and security from time to time on the basis of
National planning for radio spectrum and requesting the Prime Minister to
approve.
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3. [46]
If a situation directly affects national sovereignty or security:
a) Ministry of National Defense and
Ministry of Public Security have the right to use radio frequency devices and
radio frequencies other than radio frequencies intended for national defense
and security and must notify Ministry of Information and Communications;
b) If harmful interference can
affect radio frequencies and radio frequency devices of Ministry of National
Defense or Ministry of Public Security, Ministry of Information and
Communications shall inform organizations and individuals to stop using the
corresponding radio frequencies and radio frequency devices until the situation
specified under this Clause ends.
Article 46. Management and use
of radio frequencies for national defense and security
1. Ministry of National Defense and
Ministry of Public Security are responsible for:
a)[47] regulating the
management and use of radio frequencies allotted to serve national defense and
security, ensuring effective, efficient, proper use in accordance with radio
frequency planning; and
b) developing and adopting
standards regarding radio frequency devices, radio frequency emission, and
electromagnetic compatibility in the use of radio frequencies for national
defense and security, ensure compliance with respective national technical
regulations; and
c) issuing, revising, amending,
extending, and revoking license to use radio frequencies, radio operator
certificate in national defense and security; and
d) examining and controlling radio
frequencies, dealing with harmful interference; investigating, resolving
complaints and denunciation, and taking actions against violations of the law
in radio frequency and national defense, security; and
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e)[48] directing, examining, and
investigating state-owned enterprises serving national defense and securities
licensed under Point d Clause 4 Article 18 regarding implementation of schemes
approved by the Prime Minister, other regulations under this Law, and other
relevant law provisions.
2. Ministry of Information and
Communications shall take charge and cooperate with Ministry of National
Defense and Ministry of Public Security in developing cooperation regulations
and requesting the Prime Minister to approve the followings[49]:
a) Management and use of frequency
bands used for national defense, security, socio-economic purposes;
b) Dealing with harmful
interference between radio stations serving socio-economic purposes and radio
stations serving national defense and security;
c) Use of radio frequencies other than
allotted radio frequencies in case of national defense and security emergency.
Article 47. Management and use
of jammers
1. The
Ministry of National Defense and Ministry of Public Security are allowed to
deploy jammers for the purpose of protecting the country, preventing, thwarting
any attempt to infringe national security, social order and safety.
Organizations and agencies not
affiliated to the Ministry of National Defense or Ministry of Public Security
must be granted permission by the Prime Minister to use jammers in special
circumstances.
2. Agencies
and organizations under Clause 1 of this Article, when deploying jammers, must
conform to regulations on management use of jammers.
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Chapter VIII
IMPLEMENTATION[50]
Article 48. Entry into force
1. This Law
comes into force from July 1, 2010.
2. Regulations
on radio frequencies of the Ordinance on Post and Telecommunication No.
43/2002/PL-UBTVQH10 expire from the effective date hereof.
Article 49. Specific provisions
and guiding implementation
The Government and competent authorities
shall elaborate and provide guidelines on implementation of clauses in this
Law; provide guidelines on other necessary details under this Law for the
purpose of state management./.
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DIRECTOR
Bui Van Cuong
[1] The Law No. 09/2022/QH15 on amendment to the Law on
Radio Frequencies has the following basis:
“Pursuant to Constitution of
the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on amendment to the Law on Radio Frequencies No.
42/2009/QH12.”.
[2] This Point is amended in accordance with Point a
Clause 1 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[3] This Point is amended in accordance with Point b
Clause 1 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[4] This Clause is annulled by Point k Clause 17 Article 1
of the Law on Radio Frequencies, coming into force from July 1, 2023.
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[6] This Point is amended in accordance with Point a
Clause 2 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[7] This Point is amended in accordance with Point a
Clause 2 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[8] This Clause is amended in accordance with Point b
Clause 2 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[9] This Article is amended in accordance with Point b
Clause 2 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[10] The phrase “cơ quan quản lý chuyên ngành tần số vô
tuyến điện” (radio frequency authority) is replaced by “Bộ Thông tin và Truyền
thông” (Ministry of Information and Communications) in accordance with Point b
Clause 17 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[11] This Clause is amended in accordance with Clause 4
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[12] This Clause is added in accordance with Clause 4
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[13] This Clause is amended in accordance with Clause 4
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[14] This Clause is amended in accordance with Clause 5
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
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[16] This Point is added in accordance with Clause 6
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[17] The phrase “Bộ trưởng Bộ Thông tin và Truyền thông”
(Minister of Information and Communications) is replaced by the phrase “Chính
phủ” (Government) in accordance with Point c Clause 17 Article 1 of the Law on
Radio Frequencies, coming into force from July 1, 2023.
[18] This Clause is amended in accordance with Clause 7
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[19] This Clause is amended in accordance with Clause 7 Article
1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[20] This Clause is amended in accordance with Clause 7
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[21] This Clause is annulled by Point k Clause 17 Article
1 of the Law on Radio Frequencies, coming into force from July 1, 2023.
[22] This Article is amended in accordance with Clause 8
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[23] This Article is added in accordance with Clause 8
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[24] This Article is amended in accordance with Clause 9
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
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[26] This Point is amended in accordance with Point a
Clause 10 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[27] This Point is amended in accordance with Point a
Clause 10 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[28] This Point is amended in accordance with Point a
Clause 10 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[29] This Clause is amended in accordance with Point b
Clause 10 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[30] This Clause is added in accordance with Point b
Clause 10 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[31] This Article is amended in accordance with Clause 11
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[32] The phrase “Bộ trưởng Bộ Thông tin và Truyền thông”
(Minister of Information and Communications) is replaced by the phrase “Chính
phủ” (Government) in accordance with Point c Clause 17 Article 1 of the Law No.
09/2022/QH15 coming into force from July 1, 2023.
[33] The phrase “Bộ trưởng Bộ Thông tin và Truyền thông”
(Minister of Information and Communications) is replaced by the phrase “Chính
phủ” (Government) in accordance with Point c Clause 17 Article 1 of the Law No.
09/2022/QH15 coming into force from July 1, 2023.
[34] The phrase “hoạt động ở cự ly ngắn, có công suất hạn
chế,” (operating at short distances and having limited capacity) is removed in
accordance with Point d Clause 17 Article 1 of the Law No. 09/2022/QH15 coming
into force from July 1, 2023.
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[36] This Article is amended in accordance with Clause 12
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[37] This Clause is amended in accordance with Clause 13
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[38] This Clause is amended in accordance with Clause 13
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[39] The phrase “, thiết bị điện, điện tử, thiết bị ứng
dụng sóng vô tuyến điện” (electric devices, electronic devices and equipment
using radio waves) is added in accordance with Point e Clause 17 of the Law No.
09/2022/QH15 coming into force from July 1, 2023.
[40] The phrase “Bộ trưởng Bộ Thông tin và Truyền thông
chủ trì phối hợp với Bộ trưởng Bộ Xây dựng, Bộ trưởng Bộ Quốc phòng, Bộ trưởng
Bộ Công an” (“The Minister of Information and Communications shall cooperate
with the Minister of Construction, Minister of National Defense and Ministry of
Public Security”) shall be replaced with the phrase “Chính phủ” (Government) in
accordance with Point g Clause 17 Article 1 of Law No. 09/2022/QH15 coming into
force from July 1, 2023.
[41] This Point is amended in accordance with Point a
Clause 14 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[42] This Point is amended in accordance with Point a
Clause 14 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[43] This Point is amended in accordance with Point b
Clause 14 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[44] The phrase “theo quy định tại Điều 44 của Luật này”
(in accordance with Article 44 of this Law) is annulled in accordance with
Point h Clause 17 Article 1 of the Law No. 09/2022/QH15 coming into force from
July 1, 2023.
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[46] This Clause is amended in accordance with Clause 15
Article 1 of the Law No. 09/2022/QH15 coming into force from July 1, 2023.
[47] This Point is amended in accordance with Point a
Clause 16 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[48] This Point is amended in accordance with Point b
Clause 16 Article 1 of the Law No. 09/2022/QH15 coming into force from July 1,
2023.
[49] The phrase “trình Thủ tướng Chính phủ phê duyệt các
nội dung” (request the Prime Minister to approve) is added in accordance with
Point i Clause 17 Article 1 of the Law No. 09/2022/QH15 coming into force from
July 1, 2023.
[50] Article 3 and Article 4 of the Law No. 09/2022/QH15
coming into force from July 1, 2023 prescribes:
“Article 3. Entry into force
1. This Law comes into force
from July 1, 2023, except for cases under Clause 2 of this Article.
2. Regulations on training and
issuance of radio operator certificate under this Law come into force from July
1, 2024.
Article 4. Transition clauses
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2. Organizations issued with
license to use frequency bands to establish public land mobile
telecommunication network which expires before September 6, 2023 shall be
eligible for extension in accordance with Article 16 of the Law on Radio Frequencies
No. 42/2009/QH12 and Points a, b, and c Clause 1 Article 22 of the Law on Radio
Frequencies No. 42/2009/QH12 amended by Clause 9 Article 1 of this Law until
the end of September 15, 2024 and shall not be required to submit fee for
licensing of radio frequencies for the extended period.
3. Organizations issued with
license to use frequency bands to establish public land mobile
telecommunication network which expires before September 16, 2024 shall not be
required to submit fee for licensing of radio frequencies until the end of the
expiry date and shall not be eligible for extension, except for cases under
Clause 2 of this Article.
4. The Ministry of Information
and Communications shall declare frequency band planning in regard to frequency
bands allotted to organizations specified under Clause 2 and Clause 3 of this
Article before August 1, 2023. Frequency blocks under consideration for
reissuance which shares radio frequencies according to license to use radio
frequencies issued before the effective date hereof shall be eligible for
reissuance depending on use conditions.
5. The training and issuance of
radio operator certificate shall continue to comply with the Law on Radio
Frequencies No. 42/2009/QH12 until the end of June 30, 2024.”.