Chương I Luật tần số vô tuyến điện năm 2009: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article I. Scope of regulation

This Law provides for the management and use of radio frequencies, radio equipment and satellite orbits and management of safety of radio radiation and electromagnetic compatibility (below collectively referred to as management and use of radio frequencies); rights and obligations of organizations and individuals involved in the management and use of radio frequencies.

Article 2. Subjects of application

This Law applies to organizations and individuals involved in the management and use of radio frequencies in Vietnam.

Article 3. Interpretation of terms

In this Law. the following terms are construed as follows:

1. Radio frequency means a frequency of radio waves.

Radio waves means electromagnetic waves with a frequency below 3.000 gigahertz (GHz) which freely travel in space without artificial guide.

2. Radio frequency spectrum means the whole range of radio frequencies.

3. Radio frequency band (below referred to as frequency band) means a range of radio frequencies limited by two given frequencies.

4. Radio frequency channel (below referred to as frequency channel) means a range of radio frequencies identified by its bandwidth and central frequency or other particular parameters.

5. Radiocommunication means the transmission, emission or reception of signs, signals, data, writing, images, sounds or information in other forms by radio waves.

6. Radio communication service means the transmission, emission and/or reception of radio waves for a specific radio communication purpose, including fixed, mobile, broadcasting, aeronautical or maritime navigation location satellite, standard broadcasting, amateur and other radio services. Radio services are divided into primary services and secondary services.

Primary service means a service prioritized for use under the national plan on radio frequency spectrum.

Secondary service means a service not prioritized for use under the national plan on radio frequency spectrum.

7. Radio station means a radio equipment or an assembly of radio equipment, including also the accessory equipment, for providing a radio communication service. A radio station is classified by the service it operates permanently or temporarily.

8. Radio radiation means energy generated from any source in the form of radio waves.

9. Radio emission means radiation by a radio transmitting station.

10. Radio equipment means an equipment for receiving, transmitting or receiving-transmitting signs, signals, data, writing, images, sounds or information in other forms by radio waves.

11. Radio-wave appliance means an equipment other than radio equipment, which generates and uses radio wave energy in a given area to serve industrial, scientific, medical and domestic applications or for similar purposes.

12. Satellite orbit means the path of movement of a satellite in space.

13. Harmful interference means the harmful effect of electromagnetic energy caused by radio emission, radiation or induction which harms or obstructs or interrupts the lawful operation of radio equipment or equipment systems.

14. Electromagnetic compatibility means the ability of radio electric or electronic equipment or an equipment system to normally operate in an electromagnetic environment without causing interference to other equipment or equipment systems.

15. Allocation of a radio frequency means the designation of a given frequency band or channel for its use by one or more organizations and individuals under specified conditions for a radio communication service.

16. Assignment of a radio frequency means the identification and licensing of an organization or individual to use a radio frequency or radio frequency channel under specified conditions for a radio station.

17. Examination of a radio frequency means the consideration of the actual use of a radio frequency, radio equipment, a radio frequency use license or radio operator certificate; the measurement of technical parameters of a radio station: the identification of causes of harmful interference for assessment and appraisal of observance of the law on radio frequencies.

18. Control of a radio frequency means the control and supervision by technical devices of the radio wave-transmitting activities.

Article 4. State policies on radio frequencies

1. To prioritize the development of human resources, physical and technical foundations to assure the effective management and use of radio frequencies.

2. To intensify international cooperation in the domain of radio frequencies to protect the State's interests and the national sovereignty over radio frequencies and satellite orbits.

3. To prioritize the use of radio frequencies in remote, deep-lying and border areas and islands, and areas with particularly difficult socio-economic conditions, and for national defense, security and natural disaster and epidemic prevention and combat.

4. To prioritize and encourage the research, development and application of technologies for efficiently using the radio frequency spectrum.

5. To encourage and support organizations to take part in registering satellite orbit locations.

Article 5. Responsibilities for state management of radio frequencies

1. The Government shall perform the unified state management of radio frequencies.

2. The Ministry of Information and Communications is answerable to the Government for performing the unified state management of radio frequencies, having the following tasks and powers:

a/ To promulgate or propose competent state agencies to promulgate and organize the implementation of legal documents on radio frequencies: to promulgate national technical regulations on radio equipment, radio emission, electromagnetic compatibility and radio radiation safety;

b/ To approve or submit to competent state agencies for approval and organize the implementation of. the planning on the radio frequency spectrum; to allocate frequency bands for national defense and security purposes: to specify conditions for the allocation, assignment and use of radio frequencies:

c/ To grant, modify, supplement, extend or revoke radio frequency use licenses; to manage the fee for the grant of radio frequency use licenses and the charge for the use of radio frequencies under the law on charges and fees:

d/ To organize radio frequency and satellite orbit coordination with other countries, territories and international organizations; to register radio frequencies and satellite orbits with international organizations:

e/ To examine and control radio frequencies and handle harmful interference:

f/ To inspect, examine and settle complaints and denunciations and handle violations of the law on radio frequencies:

g/ To undertake international cooperation in the domain of radio frequencies;

h/ To train, retrain, provide professional guidance and grant radio operator certificates to radio operators;

i/ To conduct propaganda about and dissemination of the law on radio frequencies.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Information and Communications in performing the state management of radio frequencies.

4. People's Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of radio frequencies in their localities.

Article 6. The specialized management agency in charge of radio frequencies

The specialized management agency in charge of radio frequencies is an agency under the Ministry of Information and Communications and responsible for assisting the Minister of Information and Communications in performing a number of tasks of state management of radio frequencies assigned and decentralized by competent state agencies.

Article 7. Specialized inspection of radio frequencies

The Ministry of Information and Communications shall perform specialized inspection of radio frequencies and organize the apparatus of the specialized inspectorate under the law on inspection.

Article 8. International cooperation on radio frequencies

1. International cooperation on radio frequencies shall be undertaken on the principles of respect for independence and sovereignty, equality and mutual benefits.

2. Activities of international cooperation on radio frequencies include:

a/ Conclusion of treaties and international agreements on radio frequencies:

b/ International registration and coordination of radio frequencies and satellite orbits;

c/ Exchange of information and experience on radio frequencies in order to raise the effectiveness of the management and use of Vietnam's radio frequencies and conform with the world's development trend;

d/ Establishment and development of cooperation relationships in the management and use of radio frequencies with other countries and territories; training and development of human resources; formulation and implementation of international programs and projects on radio frequencies.

3. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in. specifically guiding the order and procedures for the conclusion of international agreements on radio frequencies.

Article 9. Prohibited acts

1. Using radio frequencies and equipment against the State of the Socialist Republic of Vietnam or to the detriment of national defense, security, social order and safety: or causing damage to the interests of the State and legitimate rights and interests of organizations and individuals.

2. Using radio frequencies exclusively reserved for emergency, safety, search, rescue, salvage, national defense and security for other purposes.

3. Obstructing agencies, organizations and persons on duty in performing their tasks of inspecting, examining and controlling radio frequencies and satellite orbits.

4. Intentionally causing harmful interference to and unlawfully obstructing the operation of radio communication systems.

5. Sabotaging radio technical infrastructure facilities; unlawfully obstructing the lawful building of radio technical infrastructure facilities.

6. Abusing one's position and powers to commit violations of the law on radio frequencies.