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MINISTRY OF INFORMATION AND COMMUNICATIONS
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 04/2021/TT-BTTTT
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Hanoi, August 13, 2021
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CIRCULAR
PROVIDING GUIDANCE ON PROCEDURES
FOR ISSUANCE OF LICENSES TO USE RADIO FREQUENCIES; LEASE OR LENDING OF RADIO
EQUIPMENT; SHARED USE OF RADIO FREQUENCIES
Pursuant
to the Law on Radio Frequencies dated November 23, 2009;
Pursuant
to the Government’s Decree No. 17/2017/ND-CP dated February 17, 2017 defining
the functions, tasks, powers and organizational structure of the Ministry of
Information and Communications;
At the
request of the Director of Authority of Radio Frequency Management,
The
Minister of Information and Communications hereby promulgates a Circular providing
guidance on procedures for issuance of licenses to use radio frequencies; lease
or lending of radio equipment; shared use of radio frequencies.
Chapter I
GENERAL
PROVISIONS
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1. This
Circular provides guidance on procedures for issuance, extension, re-issuance,
amendment and revocation of licenses to use radio frequencies; lease or lending
of radio equipment; shared use of radio frequencies.
2. This
Circular does not apply to:
a) The use
of radio frequencies for national defense and security purposes and cases
exempt from licenses to use radio frequencies specified in Article 27 of the
Law on Radio Frequency;
b) The
issuance, extension, re-issuance and amendment of licenses to use radio
frequencies of radio stations using frequencies in the aeronautical mobile
service and aeronautical radionavigation service;
c) The
issuance, extension and amendment of licenses to use radio frequencies and
radio equipment applicable to earth stations of foreign representative agencies
and foreign senior delegations eligible for diplomatic privileges and
immunities and foreign correspondents accompanying these delegations.
Article 2. Definitions
For the
purposes of this Circular, the terms below shall be construed as follows:
1. “earth
station” means a station located either on the Earth's surface or within
the major portion of Earth's atmosphere and intended for communication with one
or more space stations or with one or more stations of the same kind by means
of one or more reflecting satellites or other objects in space.
2. “space
station” means a station located on an object which is beyond, is intended
to go beyond, or has been beyond, the major portion of the Earth's atmosphere.
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4. “fixed
station” means a station in the fixed service.
5. “mobile
station” means a station in the mobile service intended to be used while in
motion or during halts at unspecified points.
6.
“land station” means a station in the mobile service not intended to be
used while in motion.
7. “ship
station” means a mobile station in the maritime mobile service located on
board a ship, boat, floating platform or simulation model for training and
research purposes.
8. “radio
station located on a fishing vehicle” means a mobile station located on a
fishing vehicle, using frequencies dedicated for fishing vehicles, frequencies
intended for fishing vessel monitoring and frequencies for ensuring safety at
sea.
9. “radio
station communicating with a fishing vehicle” means a mobile station
located on the mainland, using frequencies dedicated for fishing vehicles for
communicating with fishing vehicles and not providing telecommunications
services.
10. “coast
station” means a land station in the maritime mobile service.
11. “wireless
radio broadcasting station” means a radio station transmitting audio
signals to wireless speakers.
12. “dedicated
telecommunications network using frequencies in the mobile service” means
a communication network consisting of mobile radio stations or fixed and mobile
radio stations that is established by organizations or individuals for
communication between the network members but not for the purpose of gaining
profits directly from the network's operation.
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14. “foreign
representative agencies” include diplomatic missions, consular offices and
representative offices of international organizations in Vietnam that are
entitled for diplomatic immunities and privileges.
15.
“Global Maritime Distress and Safety System (GMDSS)” means a maritime
information system adopted by the member states of the International Maritime
Organization in 1988 on the basis of the revised text of Chapter IV of the
International Convention for the Safety of Life at Sea - SOLAS 74.
Article 3. Agencies issuing and revoking licenses to use
radio frequencies
1. The
Authority of Radio Frequency Management affiliated to the Ministry of
Information and Communications shall issue, extend, re-issue, amend and revoke
licenses to use radio frequencies for cases other than those specified in
Clause 2 of this Article.
2. Any
regional Radio Frequency Control Center affiliated to the Authority of Radio
Frequency Management shall issue, extend, re-issue, amend and revoke licenses
to use radio frequencies and radio equipment of radio stations located on
fishing vehicles, wireless radio broadcasting stations and internal radio communication
networks, and in cases where radio equipment is used for a period of less than
15 (fifteen) days at festivals, events, exhibitions and fairs.
Article 4. Issuance of licenses to use radio frequencies
1. In
case of direct licensing, 01 (one) set of application for the license to use
radio frequencies shall be prepared. An organization or individual that submits
a complete and conformable application first will be issued with a license
first.
Where the
license is issued through an auction or exam for selection of those to have the
radio frequency use right, regulations of law on auction and examination shall
be complied with.
2. For
the initial license to use radio frequencies, the duration of the license
depends on the request of the organization or individual but must not exceed 10
(ten) years for the license to use radio frequencies and radio equipment, 15
(fifteen) years for the license to use frequency bands and 20 (twenty) years
for the license to use satellite frequencies and orbit, and conforms with the
radio frequency planning. The total duration of an initial license and
extensions must not exceed the maximum duration for such type of license. If
the duration of an initial license equals to the maximum duration for such type
of license, such license may be extended for up to 01 (one) year.
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4. For
cases subject international registration of/cooperation in radio frequency
under Article 41 of the Law on Radio Frequencies, during the period of carrying
out registration or cooperation according to regulations of the International
Telecommunications Union, the Authority of Radio Frequency Management shall
consider issuing temporary licenses. If the registration or cooperation is
unsuccessful, the organization or individual shall have their activities
suspended. Official licensing shall depend on the result of international
registration of or cooperation in radio frequency with the International
Telecommunications Union.
5. The
form of the license to use radio frequencies is provided in Appendix I of this
Circular.
Article 5. Extension and amendment of licenses to use radio
frequencies
1. At least
30 (thirty) days before the expiry date of the license to use radio frequencies
and radio equipment and 60 (sixty) days before the expiry date of the license
to use frequency bands and license to use satellite frequencies and orbit, the
organization or individual shall submit an application for extension of the
license to use satellite frequencies and orbit as prescribed. An extended
license will only have its validity period prolonged while other details remain
unchanged.
2. If the
organization or individual that fails to comply with the time limit specified
in Clause 1 of this Article wishes to continue using frequencies, such
organization or individual shall follow the same procedures as those for
issuing a new license.
3. When a
license is still effective, the organization or individual that wishes to have
its contents (except validity period) amended shall submit an application for
such amendment.
4. The
organizations or individual is entitled to apply for extension concurrently
with amendment of a license under Clauses 1 and 3 of this Article.
Article 6. Voluntary termination of licenses to use radio
frequencies
1. Within
the validity period of the license, any organization or individual that
obviates the need for using radio frequencies, radio equipment or satellite
orbit shall send a written notification of voluntary termination of the license
to use radio frequencies, radio equipment or satellite orbit to the Authority
of Radio Frequency Management according to the form of the notification of voluntary
termination in the Appendix IV of this Circular.
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Article 7. Re-issuance of licenses to use radio frequencies
If the
license to use radio frequencies is lost or damaged, its holder shall submit an
application form for re-issuance of the license to use radio frequencies to the
licensing authority as prescribed.
Article 8. Applications for issuance, extension,
re-issuance and amendment of licenses to use radio frequencies
1. Every
applicant for issuance of a license shall take legal responsibility for the
accuracy and legality of the documents and information in the application.
For the
documents in the application which are not required by this Circular to be
notarized or certified, the organization applying for the license shall append
its seal, the individual or household business shall append their signature to
each document, except where the application is submitted through the online
public service portal. If a document contains multiple pages, it is required to
affix a seal on the margins of consecutive pages or signature to each page.
2. When
the licensing authority is able to access information about the Citizen ID card
or ID card or business household registration certificate on the National
Population Database or National Enterprise Registration Database, organizations
and individuals are not required to submit the abovementioned documents in the
applications specified in Chapter II hereof. The specific effective date of
this regulation shall be published on the website of the Authority of Radio
Frequency Management at www.cuctanso.vn.
3. Every
applicant for issuance of the license shall submit an application and receive
the license in person or by post or through the online public service portal.
The issuance, extension, re-issuance and amendment of licenses to use radio
frequencies by electronic means through the online public service portal shall
be published on the website of the Authority of Radio Frequency Management.
4.
Organizations and individuals are not required to submit the documents in the
previous application for issuance of license if such documents remain effective
and their contents remain unchanged.
5. An
application for issuance of license shall not be processed in the following
cases:
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b) 30
(thirty) days after the day on which the notification of payment of fees and
charges for use of radio frequencies is sent, the applicant fails to fully pay
fees and charges as prescribed to obtain a license.
Article 9. Payment of fees and charges for use of radio
frequencies and receipt of licenses
An
organization or individual may obtain a license only after fully paying fees
and charges for use of radio frequencies as prescribed.
Article 10. Agencies receiving applications and delivering
licenses
1.
Applicants for issuance, extension, re-issuance and amendment extension of
licenses to use radio frequencies and radio equipment shall submit their
applications and receive licenses at one of the following agencies:
a)
Authority of Radio Frequency Management;
b)
Regional Radio Frequency Control Centers affiliated to the Authority of Radio
Frequency Management.
c) Other cooperating
agencies authorized by the Authority of Radio Frequency Management. A list of
cooperating agencies is published on the website of the Authority of Radio
Frequency Management.
2.
Applicants for issuance, extension, re-issuance and amendment of licenses to
use frequency bands, licenses to use satellite frequencies and orbit shall
submit their applications and receive licenses at Authority of Radio Frequency
Management.
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PROCEDURES
FOR ISSUANCE, EXTENSION, AMENDMENT, RE-ISSUANCE AND REVOCATION OF LICENSES TO
USE RADIO FREQUENCIES
Section 1. ISSUANCE, EXTENSION AND AMENDMENT OF LICENSES TO
USE RADIO FREQUENCIES AND RADIO EQUIPMENT
Article 11. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to amateur stations
1. An
application for issuance of a new license includes:
a)
General declaration, and declaration of technical and operating specifications,
which are made using the form 1b in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of the Amateur Radio Operator Certificate;
c) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of the Citizen ID card or ID card or passport which remains
effective if the applicant is an individual.
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II hereof.
3. An
application for amendment of a license includes:
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b)
Documentary evidence for the amendments.
Article 12. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to stations located on fishing vehicles
1. An
application for issuance of a new license includes:
a)
General declaration, and declaration of technical and operating specifications,
which are made using the form 1c in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the following documents:
Citizen
ID card or ID card or passport which remains effective or certificate of
fishing vessel registration (if the applicant is an individual); or
Business
household registration certificate (if the applicant is a business household).
c) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of the satellite communication service contract between the
fishing vessel owner and the telecommunications enterprise licensed by the
Ministry of Information and Communications (for the satellite-based fishing
vessel monitoring equipment).
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
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a) The
declarations mentioned in Point a Clause 1 of this Article;
b)
Documentary evidence for the amendments.
Article 13. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to broadcasting devices
1. An
application for issuance of a new license includes general declaration, and
declaration of technical and operating specifications, which are made using the
form 1d in the Appendix II hereof;
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
a) The
declarations mentioned in Clause 1 of this Article;
b)
Documentary evidence for the amendments.
Article 14. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to wireless radio broadcasting stations
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2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
a) The
declarations mentioned in Clause 1 of this Article;
b)
Documentary evidence for the amendments.
Article 15. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to microwave transmission lines
1. An
application for issuance of a new license includes general declaration, and
declaration of technical and operating specifications, which are made using the
form 1e in the Appendix II hereof.
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
a) The
declarations mentioned in Clause 1 of this Article;
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Article 16. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to internal radio communication networks and dedicated telecommunications
networks using frequencies in the mobile service
1. An
application for issuance of a new license includes:
a)
General declaration, and declaration of technical and operating specifications,
which are made using the form 1g in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the following documents:
Citizen
ID card or ID card or passport which remains unexpired (if the applicant is an individual);
or
Business
household registration certificate (if the applicant is a business household).
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
a) The
declarations mentioned in Point a Clause 1 of this Article;
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Article 17. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to ship stations (not applicable to non-GMDSS radio stations)
1. An
application for issuance of a new license includes:
a)
General declaration, and declaration of technical and operating specifications,
which are made using the form 1h in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the following documents:
Citizen
ID card or ID card or passport which remains unexpired (if the applicant is an
individual); or
Business
household registration certificate (if the applicant is a business household);
or
The
Decision on functions, tasks, powers and organizational structure (applicable
to training institutions using maritime radio frequencies and equipment located
on ship station simulation models).
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An application
for amendment of a license includes:
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b)
Documentary evidence for the amendments.
Article 18. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to radio stations communicating with fishing vehicles
1. An
application for issuance of a new license includes:
a)
General declaration, and declaration of technical and operating specifications,
which are made using the form 1i in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the following documents:
Citizen
ID card or ID card or passport which remains unexpired (if the applicant is an
individual); or
Business
household registration certificate (if the applicant is a business household).
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
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b)
Documentary evidence for the amendments.
Article 19. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to radio equipment used at festivals, events, exhibitions and fairs
1. An
application for issuance of a new license includes general declaration, and
declaration of technical and operating specifications of radio equipment, which
are made using the form suitable for each radio service specified in the
Appendix II hereof.
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
a) The
declarations mentioned in Point a Clause 1 of this Article;
b)
Documentary evidence for the amendments.
Article 20. Applications for issuance, extension and amendment
of licenses to use radio frequencies and radio equipment applicable to radio
stations of foreign representative agencies and foreign senior delegations
eligible for diplomatic privileges and immunities and foreign correspondents
accompanying these delegations
1. For a
radio station (except for earth station) of a foreign representative agency:
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General
declaration, and declaration of technical and operating specifications of radio
equipment, which are made using the form suitable for each radio service
specified in the Appendix II hereof; and
Written
request (bearing signature of the competent person and seal or digital
signature of the applicant for issuance of the license) from the Ministry of Foreign
Affairs, for radio stations of diplomatic missions and consular offices.
b) An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
c) An application
for amendment of a license includes:
General
declaration, and declaration of technical and operating specifications of radio
equipment, which are made using the form suitable for each radio service
specified in the Appendix II hereof; and
Documentary
evidence for the amendments.
2.
Applicable to radio stations (except for earth stations) of foreign senior
delegations eligible for diplomatic privileges and immunities and foreign
correspondents accompanying these delegations, foreign representative agencies
whose licenses are applied for by a delegation or an authority presiding over
welcoming the delegations:
a) An
application for issuance of a new license includes:
General
declaration, and declaration of technical and operating specifications of radio
equipment, which are made using the form suitable for each radio service
specified in the Appendix II hereof; and
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b) An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
c) An
application for amendment of a license includes:
General
declaration, and declaration of technical and operating specifications of radio
equipment, which are made using the form suitable for each radio service specified
in the Appendix II hereof; and
Documentary
evidence for the amendments.
Article 21. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to earth stations (not applicable to GMDSS earth stations located on board
ships)
1. An
application for issuance of a new license includes:
a)
General declaration, and declaration of technical and operating specifications,
which are made using the form 1m in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the following documents:
Satellite
communication service contract (applicable to independent earth stations of
organizations, individuals and business households using satellite information
services of telecommunications enterprises licensed by the Ministry of
Information and Communications; or
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Document
issued by a competent authority (applicable to organizations and enterprises
that are licensed to carry out aviation or maritime safety assurance activities
according to the regulations of the International Civil Aviation Organization -
ICAO or the International Maritime Organization - IMO and use regional or
international satellites).
2. An
application for license extension includes:
a) A
general declaration and list of licenses to be extended, which are made using
the forms in the Appendix II hereof;
b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the corresponding following documents specified in Point
b Clause 1 of this Article (if such document is changed).
3. An
application for amendment of a license includes:
a) The
declarations mentioned in Point a Clause 1 of this Article;
b)
Documentary evidence for the amendments.
Article 22. Applications for issuance, extension and
amendment of licenses to use radio frequencies and radio equipment applicable
to fixed stations and coast stations (not communicating with satellites),
separate devices and cases not specified in Articles 11 to 21 of this Circular
1. An
application for issuance of a new license includes:
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b) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of one of the following documents:
Citizen
ID card or ID card or passport which remains unexpired (if the applicant is an
individual); or
Business
household registration certificate (if the applicant is a business household);
or
The
Decision on functions, tasks, powers and organizational structure (applicable
to agencies and public service providers applying for the license).
2. An
application for license extension includes a general declaration and list of
licenses to be extended, which are made using the forms in the Appendix II
hereof.
3. An
application for amendment of a license includes:
a) The declarations
mentioned in Point a Clause 1 of this Article;
b)
Documentary evidence for the amendments.
Article 23. Time limit for processing of applications for
issuance, extension and amendment of licenses to use radio frequencies and
radio equipment
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a)
Regarding applications for issuance of licenses to amateur stations, ship
stations and radio stations located on board fishing vessels, the licensing
authority shall process the applications for issuance, extension and amendment
of licenses within 10 (ten) working days from the date on which sufficient and
conformable applications are received.
b)
Regarding applications for issuance of licenses to other cases, the licensing
authority shall process the applications for issuance, extension and amendment
of licenses within 20 (twenty) working days from the date on which sufficient
and conformable applications are received.
2. If the
quantity of radio frequencies to be assigned exceeds 100 in an application or
in applications submitted by an applicant for issuance or amendment of a
license within 20 (twenty) working days, the time limit for processing such
applications shall not exceed 03 (three) months. The licensing authority shall
send a written notification containing the explanation and the scheduled time
limit for processing applications for issuance of licenses within 05 (five)
working days from the date on which sufficient and conformable applications are
received.
3. If the
applications are insufficient and unconformable, within 05 (five) working days
from the receipt of the applications, the licensing authority shall notify and
instruct the applicants to complete the applications.
4. In
case of refusal to issue licenses, the licensing authority shall send a written
notification of reasons for its refusal to the applicants within the time limit
specified in Clauses 1 and 2 of this Article.
Section 2. ISSUANCE, EXTENSION AND AMENDMENT OF LICENSES TO
USE FREQUENCY BANDS
Article 24. Applications for issuance, extension and
amendment of licenses to use frequency bands
1. An
application for issuance of a new license includes:
a)
Regarding the frequency bands subject to direct licensing, an application
consists of a declaration of application for issuance of license to use
frequency bands which is made using the form No. 2 in the Appendix II hereof.
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2. An
application for license extension shall contain a declaration of application
for issuance of license to use frequency bands which is made using the form No.
2 in the Appendix II hereof.
3. An
application for amendment of a license includes:
a) A
declaration of application for issuance of license to use frequency bands which
is made using the form No. 2 in the Appendix II hereof;
b)
Documentary evidence for the amendments.
Article 25. Time limit for processing applications for
issuance, extension and amendment of licenses to use frequency bands
1. Time
limit for processing applications is as follows:
a)
Regarding frequency bands subject to direct licensing: the applications for
issuance, extension and amendment of licenses shall be processed within 60
(sixty) working days from the date on which sufficient and conformable
applications are received.
b)
Regarding the frequency bands subject to an auction or exam for selection of
those to have the radio frequency use right, applications for issuance of new
licenses shall be processed in accordance with regulations of law on auction
and examination; the applications for extension and amendment of licenses shall
be processed according to Point a Clause 1 of this Article.
2. If the
applications are insufficient and unconformable, within 05 (five) working days
from the receipt of the applications, the Authority of Radio Frequency Management
shall notify and instruct organizations and enterprises in writing to complete
the applications.
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Section 3. ISSUANCE, EXTENSION AND AMENDMENT OF LICENSES TO
USE SATELLITE FREQUENCIES AND ORBIT
Article 26. Applications for issuance, extension and
amendment of licenses to use satellite frequencies and orbit
1. An
application for issuance of a new license includes a declaration of application
for issuance of license to use satellite frequencies and orbit which is made
using the form No. 3 in the Appendix II hereof.
2. An
application for license extension includes the declaration specified in in
Clause 1 of this Article.
3. An
application for amendment of a license includes:
a) The
declaration mentioned in Clause 1 of this Article;
b) Documentary
evidence for the amendments.
Article 27. Time limit for processing applications for
issuance, extension and amendment of licenses to use satellite frequencies and
orbit
1. The
Authority of Radio Frequency Management shall appraise and process applications
for issuance, extension and amendment of licenses to use satellite frequencies
and orbit within 45 (forty-five) working days from the date on which sufficient
and conformable applications are received.
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3. In
case of refusal to issue licenses, the Authority of Radio Frequency Management
shall send a written notification of reasons for its refusal to organizations
and enterprises within the time limit specified in Clause 1 of this Article.
Section 4. RE-ISSUANCE OF LICENSES TO USE RADIO FREQUENCIES
Article 28. Re-issuance of licenses to use radio
frequencies
1. 01
(one) set of application for re-issuance of license to use radio frequencies
including an application form specified in the Appendix II hereof shall be
prepared.
2. Time
limit for re-issuance of licenses to use radio frequencies and radio equipment
a) For
the cases specified in Clause 1 Article 3 hereof, the time limit for
re-issuance of license to use radio frequencies is 20 (twenty) working days
from the receipt of sufficient and conformable applications.
b) For
the cases specified in Clause 2 Article 3 hereof, the time limit for
re-issuance of license to use radio frequencies is 10 (ten) working days from
the receipt of sufficient and conformable applications.
c) If the
applications are insufficient and unconformable, within 05 (five) working days
from the receipt of the applications, the licensing authority shall notify and
instruct the applicants to complete the applications.
d) In
case of refusal to issue licenses, the licensing authority shall send a written
notification of reasons for its refusal to the applicants within the time limit
specified in Points a and b of this Clause.
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Article 29. Revocation of licenses to use radio frequencies
1. The
revocation of licenses to use radio frequencies of entities committing
violations against the regulations on radio frequencies under Clause 1 Article
23 of the Law on Radio Frequencies is prescribed as follows:
a) For
the cases specified in Points a and b Clause 1 Article 23 of the Law on Radio
Frequencies, the revocation of licenses to use radio frequencies shall be
subject to decisions of the Courts or competent authorities.
b) For
the cases specified in Points c, d and e Clause 1 Article 23 of the Law on
Radio Frequencies, the revocation of licenses to use radio frequencies shall be
subject to conclusions given by inspectorates or results of radio frequency
examinations or decisions of Courts.
c) For
the case specified in Point dd Clause 1 Article 23 of the Law on Radio
Frequencies, if after 60 (sixty) days from the date on which the competent
authority sends the organization/individual a notification of payment of radio
frequency charges and fees or other financial obligations but such
organization/individual fails to fully pay radio frequency charges and fees or
fails to fulfill financial obligations, then the revocation of the licenses to
use radio frequencies shall be carried out.
d) For
the case specified in Point g Clause 1 Article 23 of the Law on Radio
Frequencies, the revocation of licenses to use radio frequencies shall be
subject to a decision on revocation or amendment of the corresponding
telecommunications licenses and broadcasting operation licenses.
2. Organization/Individual
shall stop using radio frequencies and radio equipment under the decision to
revoke the license to use radio frequencies of the Authority of Radio Frequency
Management.
3. A list
of organizations and individuals whose licenses to use radio frequencies are
revoked and reasons for the revocation shall be published on the website of the
Authority of Radio Frequency Management.
Chapter III
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Article 30. Regulations on lease and lending of radio
equipment
1. Owners
of seagoing ships, aircraft, river-going ships, fishing vehicles, amateur radio
stations and other vehicles with radio equipment (except for earth stations)
may lease out or lend out their licensed radio equipment to other organizations
or individuals for operation.
2.
Lessors/lenders and lessees/borrowers of radio equipment shall comply with the
regulations laid down in the licenses to use radio frequencies and radio
equipment, the law on radio frequencies and other relevant regulations of law. Their
violations against the law on radio frequencies shall be handled according to
regulations.
3.
Lessors/lenders of radio equipment shall:
a) Ensure
that lessees/borrowers of radio equipment are not on the list of those whose
licenses to use radio frequencies are revoked which is published according to
Clause 3 Article 29 of this Circular;
b)
Examine and retain documents proving that lessees/borrowers satisfy the
conditions specified in Article 31.
Article 31. Conditions for lease and borrowing of radio
equipment
Organizations/individuals
leasing/borrowing radio devices shall satisfy the following conditions:
1. Any
lessee/borrower of radio equipment shall be a Vietnamese organization or
citizen; a foreign organization lawfully operating in Vietnam; or a foreigner
using amateur radio stations.
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3. Any
lessee/borrower of radio equipment is not on the list of those whose licenses
to use radio frequencies are revoked published according to Clause 3 Article 29
of this Circular.
Article 32. Lease and lending of radio equipment
At least
05 (five) working days prior to transferring radio equipment to a
lessee/borrower, the lessor/lender shall send a notification of lease/lending
(certified by both lessees/borrower and lessor/lender) using the form in the
Appendix IV hereof to local Radio Frequency Control Center.
Article 33. Conditions and procedures for lease and lending
of amateur stations
1. An
amateur station may be only leased out or lent among radio operators and the
following regulations shall be complied with:
a) When using
the amateur station which is leased out or lent, the operator leasing or
borrowing the station may only carry out limited communication in accordance
with the regulations laid down in his/her Amateur Radio Operator Certificate
and limited operation in accordance with the regulations in the license issued
to the amateur station which is leased out or lent.
b) When
leasing or borrowing an amateur station for operation, the amateur radio
operator must use call sign of the amateur station which is leased out or lent
followed by the call sign or name of the amateur radio operator leasing or
borrowing the station.
c) The
lessor/lender of the amateur station shall take total responsibility for
compliance with the regulations set out in Points and b of this Clause, fully
write the journal and ensure that the lessee/borrower does not operate in
excess of the limits specified in the license issued to the station.
d) Where
the lessee/borrower leases or borrows the amateur station for communication in
locations other than those specified in the license for a period of less than
30 (thirty) days, such lessee/borrower shall obtain a written consent of the
Authority of Radio Frequency Management.
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a) A
registration form for lease or borrowing of the amateur station (specifying the
call sign or registration identification number, location of the station and
contact address);
b) A
lessor/lender’s written approval for lease or lending of the amateur station,
specifying name of the lessor/lender, number and effective period of license to
use radio frequencies and radio equipment; lease/borrowing term;
c) A
certified true copy or a copy enclosed with the original for comparison or
legal e-copy of the lessee’s/borrower’s Citizen ID card or ID card or passport
which remains effective (in the case of a foreigner);
d) A copy
or e-copy of the Amateur Radio Operator Certificate or Foreign Amateur Radio
Operator Certificate of the lessee/borrower.
3. The
dossier shall be submitted to the Authority of Radio Frequency Management,
whether in person or by post or through the online public service portal.
4. Within
05 (five) working days from the date on which a complete and conformable
dossier, the Authority of Radio Frequency Management shall issue a notification
for approval for registration of lease or borrowing of amateur station
(enclosed with call sign, identification number and location of the station).
In case of refusal, the Authority of Radio Frequency Management shall send a
written notification of reasons for its refusal.
Chapter IV
SHARED USE
OF RADIO FREQUENCIES
Article 34. Cases where use of radio frequencies is
required to be shared
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1.
Dedicated telecommunications networks using radio frequencies in the mobile
service with an effective radiated power of 10W or less (not applicable to radio
communication networks whose use of radio frequencies and equipment is
dangerous to human life; internal radio communication networks).
2. Radio
stations communicating with fishing vehicles.
3. Coast
stations (not providing telecommunications services).
Article 35. Guidelines for operation on shared-used
frequencies
1. The
principle that conversations only serve duties and proper entities for the
purposes indicated in licenses shall be adhered to.
2. Calls
shall be made only when radio frequency channels are free without any users,
unless such calls are related to emergency or human life safety.
3. Call
signs specified in licenses to use radio frequencies and radio equipment shall
be used.
4. The
communication duration shall be short, not exceeding five minutes per each
conversation.
5. It is
recommended that encryption or other technical measures be used to ensure
confidentiality of information.
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1. Before
the transmission, listen carefully to the frequencies to be transmitted ensure
that they are free.
2.
Transmit the call sign specified in the license to use radio frequencies and
radio equipment at the beginning and end of each call.
3. Use
the reserve frequencies (indicated in the license to use radio frequencies) if
the main assigned frequencies are interfered with or being used by other
organizations or individuals.
Article 37. Responsibilities of shared users of frequencies
1. Notify
the Authority of Radio Frequency Management when detecting illegal operation on
shared-used frequencies.
2.
Refrain from intentionally collecting and using information received from other
radio stations that share the use of radio frequencies.
Chapter V
IMPLEMENTATION
Article 38. Effect
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2. Any
license to use radio frequencies issued before the effective date of this
Circular shall remain valid until its expiry date.
3.
Articles 12 through 18, and Clause 7 Article 21 of the Decision No.
18/2008/QD-BTTTT dated April 04, 2008 of the Minister of Information and
Communications are repealed.
4.
Difficulties that arise during the implementation of this Circular should be
promptly reported to the Ministry of Information and Communications (through
the Authority of Radio Frequency Management) for consideration./.
THE MINISTER
Nguyen Manh Hung