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THE MINISTRY OF
INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
05/2015/TT-BTTTT
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Hanoi, March 23,
2015
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CIRCULAR
PROVIDING
GUIDANCE ON PROCEDURES FOR THE ISSUANCE OF LICENSES TO USE RADIO FREQUENCIES;
PURCHASE, LEASE OR LENDING OF RADIO DEVICES; SHARED USE OF RADIO FREQUENCIES
Pursuant to the Law on Radio frequency dated
November 23, 2009;
Pursuant to the Decree No. 132/2013/NĐ-CP dated October
16, 2013 by the Government defining the functions, tasks, entitlements 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
promulgates this Circular providing guidance on procedures for the issuance
licenses to use radio frequencies; purchase, lease or lending of radio devices;
shared use of radio frequencies.
Chapter I
GENERAL PROVISIONS
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1. This Circular provides guidance on procedures for
the issuance of licenses to use radio frequencies; purchase, lease or lending
of radio devices that are issued with licenses to use radio frequencies; 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, amendment, extension of licenses to
use radio frequencies of radio station using aeronautic mobile frequency,
aeronautical guiding radio;
c) The issuance, modification, extension of license
to use radio frequencies and radio equipment applicable to satellite earth
station of foreign representative agencies and senior delegations eligible for
diplomatic privileges and immunities and foreign correspondents accompanying
these delegations.
Article 2. Interpretation of
terms
In this Circular, these terms can be construed as follows:
1. Satellite earth station means a radio
station located on the earth's surface or within the atmosphere for
communicating with a satellite space station.
Satellite space station means a radio station
located on an earth's artificial satellite with a geostationary or
non-geostationary orbit.
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Amateur radio service is a radio-communication
service aiming to provide self-training and research in information techniques
conducted by amateur radio operators for their personal aim and for non-profit
purposes and licensed by a competent agency.
Amateur radio station means a radio station
where the amateur radio services are provide.
Fixed service is a radio-communication service
between specified fixed points.
4. Mobile station means a radio station in
the mobile service that is used while in motion or during halts at unspecified
points.
Mobile service is a radio-communication service
between mobile and land stations or among mobile stations.
Land station means a station in the mobile service
that is not used while in motion.
5. Ship station means a mobile station using
frequencies of the maritime mobile service that is located on a ship, boat or
another floating craft.
Maritime mobile service is a mobile service between
coast stations and ship stations or among ship stations or among on-board
communication stations. Survival craft stations and emergency
position-indicating radio beacon stations may also participate in this service.
6. Radio station located on a fishing boat
means a mobile station located on a fishing boat, using frequencies dedicated
for fishing boats and frequencies for ensuring safety at sea.
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8. Coast station means a radio station
located on the mainland, using frequencies of maritime mobile services and
frequencies dedicated for fishing boats for communicating with ships, boats and
other floating crafts.
9. Wireless radio broadcasting station means
a radio station transmitting one-way audio signals from transmitting stations
to wireless speakers.
10. Dedicated telecommunications network using
frequencies of mobile services means a communication network consisting of
mobile radio stations or fixed and mobile radio stations that is established by
organizations or individuals for communication by the network members but not
for the purpose of gaining profits directly from the network's operation.
11. Internal radio communication network
means a communication network consisting of mobile radio stations which is
established by organizations or individuals at a place with an identified
address and scope and the owner of which is entitled to use it for internal
communication but not for the purpose of gaining profits directly from the
network's operation.
12. Foreign representative agencies include
diplomatic missions, consular offices and representative offices of
international organizations in Vietnam that are eligible for diplomatic
immunity and privileges.
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 is responsible for
issuing and revoking 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 is responsible for
issuing and revoking licenses to use radio frequencies and radio equipment of
radio station located on a fishing boat/wireless radio broadcasting station;
license for license to use radio frequencies and radio equipment of a radio
device with limited capacity which is used in festivals, events, exhibitions,
fairs for under 15 days.
Article 4. Issuance of license
for radio frequency use
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2. In case of direct licensing, application for the
license to use radio frequencies shall be a set o documents Organizations and
individuals that submit complete and conformable application first will be
issued with licenses first.
3. With regard to initial licenses to use radio
frequencies, duration of the license is according to the request of
organizations and individuals and does not exceeds the maximum duration for
each type of license and conforms with radio frequency planning. If duration of
an initial license is the maximum duration for such type of license, such license
will get extension for not exceeding 1 year.
4. Radio emission limits prescribed in licenses to
use frequency bands licenses to use frequency bands shall be conformable with
National technical regulation. When National technical regulations are unavailable,
international standards and actual capacity of technology shall be applied in
order to minimize harmful interference.
5. Organizations that are issued with the licenses
to use frequency bands shall report regularly a list of radio transmitters used
in the radio communication network (using to the form provided in Appendix 3 of
this Circular) to the Authority of Radio Frequency Management in the period of
from October 01 to October 15 of each year or irregularly report at the request
of Authority of Radio Frequency Management.
6. For cases subject to radio frequency
international registration or coordination according to the provision of
Article 41 of the Law on Radio Frequency, in the course of such registration or
coordination according to regulations of the International Telecommunications
Union, Authority of Radio Frequency Management shall consider and issue
temporary licenses. If the registration and coordination is failed,
organizations and individuals shall have operation suspended. Official licensing
shall be based on the results of radio frequency international registration and
coordination with the International Telecommunications Union.
7. The form of licenses to use radio frequencies is
provided in Appendix 1 of this Circular.
Article 5. Expansion and
modification of licenses to use radio frequencies
1. At least 30 days (applicable to radio frequency
and device use licenses), 60 days (applicable to licenses to use frequency
bands) or 90 days (applicable to licenses to use satellite orbit and
frequencies) before the license expires, organizations and individuals shall
send an application for extension of a license to use radio frequencies
according to the regulations. An extended license will have only its validity
duration prolonged when other details kept unchanged.
2. If an organization/individual who fails to comply
with the time limit specified in Clause 1 of this Article wishes to continue
using new frequency, such organization/individual shall follow the procedures
like the ones for the issuance of new licenses and shall use a new frequency if
the old one has been issued to another organization/individual.
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4. Any organizations or individuals may apply for
extension concurrently with modification of license according to the provision
in clauses 1 and 3 of this Article.
Article 6. Cessation of use of
radio frequencies and devices and satellite orbit
1. Within the validity of the license, any
organization or individual that no longer wishes to use radio frequency or
devices shall send a written notification to the Authority of Radio Frequency
Management according to the form for Notification of stropping using radio
frequencies and devices and satellite orbit in the Appendixes 2 of this
Circular.
2. If a telecommunication enterprise uses radio
frequencies/devices and satellite orbit for providing telecommunications services,
before sending notification of stopping using the frequencies to the Authority
of Radio Frequency Management, such enterprise shall complete the procedures
for stopping providing telecommunications services according to the regulations
on telecommunications.
Article 7. Reissuance of
licenses to use radio frequencies
1. If a license to use radio frequencies is lost or
destructed, its owner organization/individual shall submit an application for
reissuance of licenses to use radio frequencies.
2. The application for reissuance of licenses to use
radio frequencies shall include the serial number of the license, date of
issue, date of expire and reasons for reissuance.
Article 8. Declaration and
cancellation of application for issuance, extension or modification of licenses
to use radio frequencies
1. Any organization/individual applying for
issuance, extension or modification of a license to use radio frequencies shall
take responsibility before law for the accuracy and lawfulness of documents and
information declared in their application.
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2. If organization/individual has submit the
conformable documents prescribed in the application for licenses to use radio
frequencies in previous issuance procedures and such documents have received no
change since then and are still in effect, then organization/individual may not
submit such documents again.
3. An application for issuance, extension or
modification of licenses to use radio frequencies shall be cancelled if:
a) 30 days after the day on which the request for
supplementation is sent, the Radio Frequency Directorate receives no response
from the applicant;
b) 30 days after the day on which the request for
payment of the radio frequency charge and fee is sent, the applicant fails to
pay charge and fee sufficiently to obtain a license.
Article 9. Receipt of
application and licensing by electronic means
1. The receipt of application and the issuance,
extension or modification of licenses to use radio frequencies by electronic
means shall comply with the laws on e-transactions and the provision of this
Circular on documents and procedures.
2. The information about issuance, extension and
modification of licenses to use radio frequencies by electronic means is
display on electronic information pages of Authority of Radio Frequency
Management (www.cuctanso.vn and www.rfd.gov.vn).
Article 10. Payment of radio
frequency use charge and fee and receipt of licenses
Organization/individual may obtain licenses only
after paying sufficiently the fee for issuance, extension or modification of licenses
and the radio frequency use charge according to regulations.
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PROCEDURES FOR ISSUANCE, EXTENSION, MODIFICATION OR
REVOCATION OF LICENSES TO USE RADIO FREQUENCIES
Section 1. ISSUANCE, EXTENSION OR
MODIFICATION OF RADIO FREQUENCY AND DEVICE USE LICENSES
Article 11. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to amateur radio station
1. An application for a new issuance of the license
shall include:
a) A declaration of application for radio frequency
and device use license using form 1b in Appendix 2 of this Circular;
b) A certified true copy of the Certificate of
amateur radio operator issued or recognized according to the Decision No.
18/2008/QĐ-BTTTT dated April 04, 2008 by the Minister of Information And
Communications on promulgating regulations on amateur radio operations. The
applicant who submits directly the application may submit only the copy of the
Certificate and present the original for comparison;
c) A certified true copy of ID card or unexpired
passport (applicable to individual applicants) An applicant who submits
directly the application may submit only the copy of the Certificate and
present the original for comparison;
2. An application for extension of the license shall
be conformable with point a clause 1 of this Article.
3. An application for modification of the license
shall include:
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b) Documents explaining the to-be-modified contents
(on requested).
Article 12. Application for
issuance, extension or modification of radio frequency and device use license
applicable to fishing boat
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1c in Appendix 2 of this Circular;
b) A certified true copy of ID card or unexpired
passport or the Certificate of fishing boat registration (applicable to
individual applicants) An applicant who submits directly the application may submit
only the copy of the Certificate and present the original for comparison; or,
A certified true copy of Certificate of business
household registration (applicable to business household applicants). The
applicant who submits directly the application may submit only the copy of the
Certificate and present the original for comparison;
2. An application for extension shall be conformable
with point a clause 1 of this Article.
3. An application for modification of the license
shall include:
a) A declaration specified in point a, Clause 1 of
this Article;
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Article 13. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to broadcasting devices
1. Regarding press agencies:
a) An application for a new issuance shall include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- A copy of the license of broadcasting operation for
the contents of broadcast (not applicable to the rerun of programs of Central
agencies).
b) An application for extension of the license shall
include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- A copy of the license of broadcasting operation
for the contents of broadcast if the license submitted before is modified (not
applicable to the rerun of programs of Central agencies).
c) An application for modification of the license shall
include:
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- Documents explaining the to-be-modified contents
(on requested).
2. Regarding providers of radio and television
transmission and broadcasting services:
a) An application for a new issuance shall include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- A copy of the license of telecommunications network
establishment (type of network: fixed terrestrial telecommunications network);
- A copy of the Certificate of registration of list
of programs allowable to broadcast.
b) An application for extension of the license shall
include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- A copy of the license of telecommunications
network establishment (type of network: fixed terrestrial telecommunications
network) if the issued license is modified;
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c) An application for modification of the license
shall include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- Documents explaining the to-be-modified contents
(on requested).
3. Regarding organization other than press agencies
that broadcast radio program or re-broadcast public television programs:
a) An application for a new issuance shall include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- The permit from local Service of Information and
Communications for the broadcasting of radio programs (indicating the
to-broadcast programs), re-broadcasting of local television programs
(indicating the to-broadcast programs); or,
The permit from the Department of Broadcasting,
television and Electronic information control - the Ministry of Information and
Communications for the rerun of radio and television programs of other local
stations (not applicable to the re-broadcasting of Central radio or television
programs).
b) An application for extension of the license shall
include:
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c) An application for modification of the license
shall include:
- A declaration of application for radio frequency
and device use license using form 1d in Appendix 2 of this Circular;
- Documents explaining the to-be-modified contents
(on requested).
Article 14. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to wireless radio broadcasting stations
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1đ in Appendix 2 of this Circular;
b) The permit from local Service of Information and
Communications for the transmission through wireless radio broadcasting
stations.
2. An application for extension shall be conformable
with point a clause 1 of this Article.
3. An application for modification of the license
shall include:
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b) Documents explaining the to-be-modified contents
(on requested).
Article 15. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to microwave transmission lines
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1e in Appendix 2 of this Circular;
b) A copy of the relevant licenses of
telecommunications network establishment.
2. An application for extension of the license shall
include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) A copy of the relevant licenses of
telecommunications network establishment (if the issued license is modified).
3. An application for modification of the license
shall include:
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b) Documents explaining the to-be-modified contents
(on requested).
Article 16. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to internal radio communication networks and dedicated
telecommunications networks using frequencies of mobile services
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1g in Appendix 2 of this Circular;
b) A copy of the license of dedicated
telecommunications network establishment (no applicable to internal radio
communication networks);
c) A certified true copy of ID card or unexpired
passport (applicable to individual applicants) Applicant who submits directly
the application may submit only the copy of the Certificate and present the
original for comparison; or,
A certified true copy of Certificate of business
household registration (applicable to business household applicants). The
applicant who submits directly the application may submit only the copy of the
Certificate and present the original for comparison;
2. An application for extension of the license shall
include:
a) A declaration specified in point a, Clause 1 of
this Article;
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3. An application for modification of the license
shall include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) Documents explaining the to-be-modified contents
(on requested).
Article 17. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to ship station (not applicable to satellite earth stations outside
the GMDSS)
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1h in Appendix 2 of this Circular;
b) A certified true copy of ID card or unexpired
passport (applicable to individual applicants) Applicant who submits directly
the application may submit only the copy of the Certificate and present the
original for comparison; or,
A certified true copy of Certificate of business
household registration (applicable to business household applicants). The
applicant who submits directly the application may submit only the copy of the
Certificate and present the original for comparison;
2. An application for extension shall be conformable
with point a clause 1 of this Article.
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a) A declaration specified in point a, Clause 1 of
this Article;
b) Documents explaining the to-be-modified contents
(on requested).
Article 18. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to radio stations located on fishing boats
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1i in Appendix 2 of this Circular;
b) A certified true copy of ID card or unexpired
passport (applicable to individual applicants) Applicant who submits directly
the application may submit only the copy of the Certificate and present the
original for comparison; or,
A certified true copy of Certificate of business
household registration (applicable to business household applicants). The
applicant who submits directly the application may submit only the copy of the Certificate
and present the original for comparison;
2. An application for extension shall be conformable
with point a clause 1 of this Article.
3. An application for modification of the license
shall include:
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b) Documents explaining the to-be-modified contents
(on requested).
Article 19. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to radio devices used for introduction of technologies at
exhibitions or fairs
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1k in Appendix 2 of this Circular;
b) A copy of the permit for temporary import for
re-export of radio devices that is issued by the Ministry of Information and
Communications.
2. An application for extension shall be conformable
with point a clause 1 of this Article.
3. An application for modification of the license
shall include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) Documents explaining the to-be-modified contents
(on requested).
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1. Regarding radio stations (except for satellite
earth Stations) of foreign representative missions:
a) An application for a new issuance shall include:
- A declaration of application for a radio frequency
and device use license using the corresponding form provided in Appendix 2 of
this Circular;
- A copy of the relevant licenses of
telecommunications network establishment;
- Written request from the Ministry of Foreign
Affairs (for radio stations of diplomatic missions and consular offices).
b) An application for extension of the license shall
include:
- A declaration of application for a radio frequency
and device use license using the corresponding form provided in Appendix 2 of
this Circular;
- A copy of the relevant licenses of
telecommunications network establishment (if the issued license is modified).
c) An application for modification of the license
shall include:
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- Documents explaining the to-be-modified contents
(on requested).
2. Regarding radio stations (except for satellite
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 a receiving body:
a) An application for a new issuance shall include:
- A declaration of application for radio frequency
and device use license using form 1k in Appendix 2 of this Circular;
- Written request of governing body welcoming the
delegations.
b) An application for extension of the license shall
include:
A declaration of application for radio frequency and
device use license using form 1k in Appendix 2 of this Circular.
c) An application for modification of the license
shall include:
- A declaration of application for radio frequency
and device use license using form 1k in Appendix 2 of this Circular;
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Article 21. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to satellite earth stations (except for satellite earth stations
located on seagoing ships of the GMDSS)
1. An application for a new issuance includes:
a) A declaration of application for radio frequency
and device use license using form 1m in Appendix 2 of this Circular;
b) A copy of the relevant licenses of
telecommunications network establishment; or,
A notarized or certified copy (or a copy enclosed
with the original for comparison, applicable to applications which are
submitted directly) of the satellite communication service use contract
(applicable to independent satellite earth stations of users of satellite
communication services of telecommunications enterprises licensed by the
Ministry of Information and Communications); or,
A copy of the license for the provision of satellite
radio or television transmission and broadcasting services (applicable to press
agencies and providers of radio or television transmission and broadcasting
services); or,
A copy of the Establishment Decision or Certificate
of Enterprise registration or investment certificate (applicable to
organizations conducting business at sea, multinational companies, governmental
agencies, software development zones and hi-tech zones using regional or
international satellites); or,
A certified true copy (or a copy enclosed with the
original for comparison, applicable to applications which are submitted
directly) of the document issued by a competent agency (applicable to
organizations 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 extension of the license shall
include:
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b) A copy of any of the paper specified in point b
clause 1 of this Article (if such paper is modified)
3. An application for modification of the license
shall include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) Documents explaining the to-be-modified contents
(on requested).
Article 18. Application for
issuance, extension or modification of radio frequency and device use licenses
applicable to fixed stations coast stations (not communicating with
satellites), separate devices and cases not specified in Articles 11 to Article
21 of this Circular
1. An application for a new issuance includes:
a/ A declaration of application for radio frequency
and device use license using form 1a in Appendix 2 of this Circular;
b) A copy of the relevant licenses of
telecommunications network establishment;
c) A certified true copy of ID card or unexpired
passport (applied to individual applicants) Applicant who submits directly the
application may submit only the copy of the Certificate and present the
original for comparison; or
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2. An application for extension of the license shall
include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) A copy of the relevant licenses of
telecommunications network establishment (if the issued license is modified).
3. An application for modification of the license
shall include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) Documents explaining the to-be-modified contents
(on requested).
Article 23. Time limit for
issuance of radio frequency and device use licenses
1. With regard to applications for licenses for
amateur radio stations, ship stations or radio stations located on fishing
boats, the Authority of Radio Frequency Management shall carry out the
issuance, extension or modification of licenses within 10 working days from the
day on which the sufficient and conformable application is received.
With regard to applications for licenses for other
cases, the Authority of Radio Frequency Management shall carry out the
issuance, extension or modification of licenses within 20 working days from the
day on which the sufficient and conformable application is received.
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3. If the application is not satisfactory, within 5
working days from the day on which the application is received, the Authority
of Radio Frequency Management shall send the applicant a written response
containing notification and guidance on completion.
4. If the application is rejected, the Authority of
Radio Frequency Management shall send the applicant a written notification
containing the explanation within the time specified in clauses 1 and 2 of this
Article.
5. In case frequencies need to be changed because
harmful interference cannot be handled, the time limit for licensing is not
exceeding 10 working days from the day on which the conclusion on handling of
harmful interference is obtained.
Article 24. Agencies receiving
application and delivering licenses
Applicant for radio frequency and device use license
shall submit the application and receive the license at any of the following
agencies:
1. Authority of Radio Frequency Management.
2. Radio Frequency Control Centers affiliated to the
Authority of Radio Frequency Management.
3. Other coordinating agencies authorized by the
Authority of Radio Frequency Management. List of the coordinating agencies is
specified on websites of Authority of Radio Frequency Management.
Address of such agencies are specified in Appendix 2 of this Circular or on the
websites of the Authority of Radio Frequency Management (www.cuctanso.vn and www.rfd.gov.vn)
Section 2. ISSUANCE, EXTENSION OR
MODIFICATION OF LICENSES TO USE FREQUENCY BANDS
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1. An application for a new issuance includes:
a) Any organization that wins auction or is selected
to have the radio frequency use right is not required to submit application for
the license to use frequency bands and may obtain such license after being
issued with a relevant telecommunications license.
b) An application applicable to organizations
eligible for direct licensing includes:
- A declaration of application for license to use
frequency bands using form 2 in Appendix 2 of this Circular;
- A copy of the relevant licenses of
telecommunications;
2. An application for extension of the license shall
include:
a) A declaration of application for license to use
frequency bands using form 2 in Appendix 2 of this Circular;
b) A copy of the relevant licenses of
telecommunications (if the issued license is modified).
3. An application for modification of the license
shall include:
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b) Documents explaining the to-be-modified contents
(on requested).
Article 26. Time limit for
issuance of licenses to use frequency bands
1. Authority of Radio Frequency Management is in
charge of the issuance, extension, modification of frequency band license as
follows:
a) In case of auction or examination for selection of
those to have the radio frequency use right: A new license shall be issued
within 20 working days from the day on which the organization wins auction or
is selected to obtain a telecommunications license; a license shall be extended
or modified within 60 working days after the day on which the satisfactory
application is received.
This provision is not applicable if there are
different provisions in the Regulation on auction or selection examination.
b) In case of direct licensing: the issuance,
extension, modification of the license shall be carried out within 60 working
days from the day on which the sufficient and conformable application is
received.
2. If the application is not satisfactory, within 5
working days from the day on which the application is received, the Authority
of Radio Frequency Management shall send the applicant a written response
containing notification and guidance on completion.
3. If the application is rejected, the Authority of
Radio Frequency Management shall send the applicant a written notification
containing the explanation within the time specified in clause 1 this Article.
Article 27. Agencies receiving
application and delivering licenses to use frequency bands
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Section 3. ISSUANCE, EXTENSION OR
MODIFICATION OF SATELLITE LICENSES TO USE SATELLITE ORBIT AND FREQUENCIES
Article 28. Application for
issuance, extension or modification of satellite licenses to use satellite
orbit and frequencies
1. An application for a new issuance includes:
a) A declaration of application for satellite
license to use satellite orbit and frequencies using form 3 in Appendix 2 of
this Circular;
b) A copy of the relevant licenses of
telecommunications network establishment.
2. An application for extension of the license shall
include:
a) A declaration specified in point a, Clause 1 of
this Article;
b) A copy of the relevant licenses of
telecommunications network establishment (if the issued license is modified).
3. An application for modification of the license
shall include:
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b) Documents explaining the to-be-modified contents
(on requested).
Article 29. Time limit for
issuance of the licenses
1. The Authority of Radio Frequency Management shall
examine and carry out the issuance, extension or modification of licenses
within 40 working days from the day on which the sufficient and conformable
application is received.
2. If the application is not satisfactory, within 5
working days from the day on which the application is received, the Authority
of Radio Frequency Management shall send the applicant a written response
containing notification and guidance on completion.
3. If the application is rejected, the Authority of
Radio Frequency Management shall send the applicant a written notification
containing the explanation within the time specified in clause 1 this Article.
Article 30. Agencies receiving
application and delivering licenses
Agencies receiving application and delivering
satellite license to use satellite orbit and frequencies: Authority of Radio
Frequency Management (address: 115 Tran Duy Hung Street, Cau Giay District, Ha
Noi).
Section 4. REVOCATION OF LICENSES
TO USE RADIO FREQUENCIES
Article 31. Revocation of
licenses to use radio frequencies
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a) For cases specified in Points a and b, Clause 1,
Article 23 of the Law on Radio Frequency, the revocation of licenses to use radio
frequencies shall be in accordance with decisions of the Courts or competent
state agencies.
b) For cases specified in Points c, d and e Clause
1, Article 23 of the Law on Radio Frequency, the revocation of licenses to use
radio frequencies shall be in accordance with the conclusion of the inspection
or the result of radio frequency examination or the decision of the Courts.
c) For cases specified in point dd point 1 Article
23 of the Law on Radio frequency, if after 60 days from the day on which the competent
agency sends the organization/individual the notification of request for
charges and fees of radio frequencies or other financial obligations and such
organization/individual does not comply with such request, then the revocation
of the licenses to use radio frequencies shall be carried out.
d) For cases specified in point g clause 1 Article
23 of the Law on Radio frequency, the revocation of the licenses to use radio
frequencies shall be in accordance with the decision of the revocation of
relevant telecommunications licenses and broadcasting operation licenses.
2. Organization/individual shall stop using radio
frequencies or devices according to the Decision of radio frequency license
revocation of the Authority of Radio Frequency Management.
3. List of organizations and individuals with
revoked licenses to use radio frequencies and reasons for such revocation shall
be displayed on the website of Authority of Radio Frequency Management.
Chapter III
LEASE OR LENDING OF RADIO DEVICES
Article 32. Lease or lending of
radio devices
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2. Lessors/lenders and lessees/borrowers of radio
devices shall comply with the regulation in radio frequency and device use
licenses, the law on radio frequency and other relevant laws. Their violations against
the law on radio frequency shall be handled according to regulations.
3. Lessors/lenders of radio devices shall:
a) Ensure that lessees/borrowers of radio devices
are outside the list of those with revoked licenses to use radio frequencies
published according to Clause 3 Article 31 of this Circular;
b) Examine and retain during the lease or lending
period and 1 year after lease or lending activities the following documents:
- Certified true copies of ID cards or unexpired
passports of the individual lessees/borrowers; or,
- Certified true copies of the Establishment
Decisions or the Certificates of Enterprise registration or the investment
certificates of institutional lessees/borrowers;
- Certified true copy of radio operator certificates
of lessees/borrowers;
- Contracts on lease or lending of radio devices.
Article 33. Conditions for
lease or borrowing of radio devices
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1. Any leasees/borrowers of radio devices shall be a
Vietnamese organization or citizen; a foreign organization lawfully operating
in Vietnam; or a foreigner using amateur radio stations.
2. Any direct operator of radio devices in the
maritime or aeronautical mobile service or amateur radios of lessees/borrowers
shall have the radio operator certificate.
3. Any lessees/borrowers of radio devices shall be
outside the lists of those with revoked licenses to use radio frequencies
published according to Clause 3, Article 31 of this Circular.
Article 34. Contracts on lease
or lending of radio devices
1. In addition to complying with relevant laws, a
contract on lease or lending of radio devices must contain:
a) Name, address and telephone number of the
lessee/borrower;
b) Serial number of the radio frequency and device
use license;
c) Frequencies used and time of communication;
d) Lease/lending duration;
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2. In case of any change in the radio frequency and device
use license or in the information specified in Clause 1 of this Article, the
contract shall be modified.
3. Within 7 working days after the day on which the
contract on lease/lending of radio devices is modified or cancelled, the
lessor/lender shall send a written notification containing the reason for such
modification/cancellation to local Radio Frequency Control Center.
Article 35. Procedures for
lease or lending of radio devices
1. Lessors/lenders of radio devices shall make
lease/lending dossiers. Each dossies shall include:
a) A written notification of the lease/lending,
using the form in Appendix 4 of this Circular;
b) The lease/lending contract.
2. At least 5 working days before the day on which
the radio devices are handed over to lessees/borrowers, lessors/lenders shall
send the lease/lending dossier to local Radio Frequency Control Center.
3. Procedures for lease and borrowing of amateur
radio devices for communication in places other than those specified in
licenses and the relocation of amateur radio stations to other localities for
operation shall comply with the provisions in Point d Clause 7 Article 21
Decision No. 18/2008/QĐ-BTTTT dated April 4, 2008 by the Minister of
Information And Communications promulgating the Regulation on amateur radio
operations.
Chapter IV
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Article 36. Cases subject to
shared use of radio frequency
Apart from cases subject to shared use of radio
frequency according to the regulations of the International Telecommunication
Union, users of radio frequency and devices in the following cases shall share
the use of radio frequency with other organizations/individuals according to
the regulation in radio frequency and device use licenses:
1. Dedicated telecommunications networks using radio
frequency of mobile services with a generating capacity of 10W or less (not
applicable to radio communication networks using radio frequency and devices
dangerous to human life; internal radio communication networks);
2. Radio stations communicating with fishing boats;
3. Coast stations (without Licenses to provide
telecommunications services).
Article 37. Regulation on
operation on shared-used frequencies
1. The principle that conversations only serve public
duties and proper entities for the purposes indicated in licenses shall be
complied.
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 indicated in radio frequency and
device use licenses shall be used.
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Article 38. Process of
operation on shared-used frequencies
1. Before transmitting, frequencies to be
transmitted shall be listened carefully to ensure that these frequencies are
free.
2. Call signs shall be transmitted at the beginning
and end of each call.
3. Reserve frequencies (indicated in licenses to use
radio frequencies) may be used in cases main assigned frequencies are brooked
with interference or being used by other organizations or individuals.
Article 39. Responsibilities of
shared users of frequencies
1. Use codes or other technical measures to keep information
confidentiality based on ciphers granted by the Authority of Radio Frequency
Management (applicable to organizations/individuals that wish to use codes).
2. Notify the Authority of Radio Frequency
Management when detecting illegal operation on shared-used frequencies.
3. Refrain from intentional collecting and using
information received from other radio stations that share the use of radio
frequency.
Chapter V
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Article 40. Effect
1. This Circular comes into effect from May 08, 2015
and replaces the Circular No. 24/2010/TT-BTTTT dated October 28, 2010 by the
Minister of Information And Communications.
2. Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Information and
Communications (via Authority of Radio Frequency Management) for consideration
and modification./.
THE MINISTER
Nguyen Bac Son