Chương IV Luật tần số vô tuyến điện năm 2009: Cấp giấy phép và sử dụng tần số vô tuyến điện

Chapter IV

LICENSING AND USE OF RADIO FREQUENCIES

Article 16. Radio frequency use licenses

1. Organizations and individuals that wish to use radio frequencies and equipment shall obtain relevant radio frequency use licenses, except in the cases specified in Article 27 of this Law.

Radio frequency use licenses include radio frequency and equipment use license, frequency band use license and frequency and satellite orbit use license.

2. Validity durations of radio frequency use licenses are prescribed as follows:

a/ A radio frequency and equipment use license will be valid for maximum 10 years and granted for organizations and individuals to use radio frequencies and equipment under specified conditions:

b/ A frequency band use license will be valid for maximum 15 years and granted for organizations to use given frequency bands or channels under specified conditions:

c/ A frequency and satellite orbit use license will be valid for maximum 20 years and granted for organizations to operate radio stations on satellites at specified satellite orbit locations or to use given frequency bands under specified conditions.

3. Radio frequency use licenses granted to organizations and individuals will have specific validity durations as requested by these organizations and individuals, which do not exceed the maximum validity duration of each kind of license specified in Clause 2 of this Article and must be in line with the radiofrequency master plan.

4. The Minister of Information and Communications shall specify procedures for granting, modifying, supplementing and revoking radio frequency use licenses.

Article 17. Licensing principles

1. Publicity, transparency and lawfulness.

2. Compliance with the radio frequency master plan.

3. Satisfaction of radio technology and service convergence requirements.

4. Assurance of feasibility, rationality, efficiency, thrift and proper purposes: protection of lawful rights and interests of radio service users.

5. Primary services are prioritized over secondary services.

6. Satisfaction of the needs for using radio frequencies for public interests and performing the State's public-utility tasks.

7. The grant of radio frequency use licenses to Vietnam-based foreign diplomatic missions and consular offices and representative offices of international organizations, and high-ranking foreign delegations visiting Vietnam that enjoy diplomatic privileges and immunities must comply with this Law. treaties to which the Socialist Republic of Vietnam is a contracting party, and international law and practices.

Article 18. Licensing methods

1. Licensing methods are prescribed as follows:

a/ Direct licensing shall be conducted on the basis of consideration of license application dossiers;

b/ Licensing through examinations to select entities eligible for the right to use a radio frequency shall be conducted on the basis of appraisal of their dossiers according to basic criteria of financial, investment, professional technical and business capabilities and human resources;

c/ Licensing through auction of the right to use a radio frequency shall be conducted on the basis of appraisal of bid dossiers according to certain criteria and bids offered.

2. Direct licensing shall be applied to radio frequencies to be used for the State's public-utility tasks or of low commercial value or the demands for which do not exceed the radio frequency allocation capacity indicated in the radio frequency master plan, and on the first come first served principle.

3. Licensing through auction or examination to select entities eligible for the right to use a radio frequency is specified as follows:

a/ It shall be applied to frequency bands or channels of high commercial value and the demands for which exceed the allocation capacity indicated in the radio frequency master plan;

b/ Participants in auctions or examinations to select entities eligible for the right to use a frequency band or channel are organizations eligible for the grant of a telecommunications network establishment license under the law on telecommunications;

c/The Prime Minister shall detail the auction of the right to use a radio frequency; decide on frequency bands or channels to be auctioned or subject to examination to select entities eligible for the right to use a radio frequency in each period and in line with the radio frequency master plan. The Minister of Information and Communications shall detail the examination to select entities eligible for the right to use a radio frequency.

Article 19. Grant of radio frequency and equipment use licenses

1. Entities to be licensed include:

a/ Vietnamese organizations and citizens and foreign organizations that lawfully operate in Vietnam:

b/ Foreigners who use amateur radio stations or radio frequencies for other purposes under regulations of the Minister of Information and Communications.

2. Conditions on licensees:

a/ Using a radio frequency and equipment for purposes and radiocommunication services not banned by law;

b/ Possessing a telecommunications license under the law on telecommunications, for organizations applying for a radio frequency use license to establish a telecommunications network or radio or television broadcasting network:

c/ Possessing a press activity license or being permitted to rebroadcast radio or television programs under law;

d/ Having a feasible radio frequency use plan in line with the radio frequency master plan;

e/ Having radio equipment conformable with technical regulations on radio emission, radio radiation safety and electromagnetic compatibility;

f/ Having committed to comply with regulations on assurance of information safety and security; inspect and handle harmful interference and assure radio radiation safety;

g/ Possessing a radio operator certificate, for those falling in the case specified in Clause 1. Article 32 of this Law.

3. The Ministry of Information and Communications shall assume the prime responsibility for. and coordinate with concerned ministries and ministerial-level agencies in. specifically guiding the grant of radio frequency and equipment use licenses to Vietnam-based foreign diplomatic missions and consular offices and representative offices of international organizations, and high-ranking foreign delegations visiting Vietnam that enjoy diplomatic privileges and immunities.

Article 20. Grant of frequency band use licenses

1. Entities to be licensed are organizations lawfully operating in Vietnam.

2. Conditions on licensees are specified as follows:

a/ Meeting all the conditions specified at Points a. b. d. e and f. Clause 2. Article 19 of this Law in case of direct licensing;

b/ Winning an auction or passing an examination to select entities eligible for the right to use a radio frequency.

Article 21. Grant of frequency and satellite orbit use licenses

1. Entities to be licensed are organizations lawfully operating in Vietnam.

2. Conditions on licensees include:

a/ Having adequate financial and technical capabilities and human resources for management and operation of satellites:

b/ Having a feasible plan on the efficient use of the satellite orbit for purposes and radiocommunication services not banned by law;

c/ Having committed to comply with Vietnam's laws and treaties to which the Socialist

Republic of Vietnam is a contracting party on the use of radio frequencies, satellite orbits and outer space.

Article 22. Extension, modification and supplementation of radio frequency use licenses

1. The extension of a license must adhere to the licensing principles specified in Article 17 of this Law and the following provisions:

a/The licensed organization or individual has fulfilled all obligations prescribed for each kind of radio frequency use license:

b/ The remaining validity duration of the license is at least 30 days for radio frequency and equipment use licenses: 60 days for frequency band use licenses: or 90 days for frequency and satellite orbit use licenses;

c/The total of the first-time validity duration and validity duration extensions of a license must not exceed the maximum validity duration prescribed for each kind of license. In case the first-time validity duration of a license is equal to the maximum validity duration prescribed for the relevant kind of license, only an extension of up to one year may be permitted.

2. The modification or supplementation of a radio frequency use license must adhere to the licensing principles specified in Article 17 of this Law and the following provisions:

a/ The license is still valid:

b/ The licensed organization or individual has fulfilled all the obligations prescribed for each kind of license:

c/ The modification or supplementation must comply with Articles 19. 20 and 21 of this Law.

Article 23. Revocation of radio frequency use licenses

1. Organizations and individuals shall have their radio frequency use licenses revoked in the following cases:

a/ Using radio frequencies against the State of the Socialist Republic of Vietnam or to the detriment of national defense and security, social order and safety:

b/Using radio frequencies not in compliance with their licenses, causing serious damage to the interests of the State, and legitimate rights and interests of organizations and individuals:

c/ Intentionally and illegally causing harmful interference to other radio equipment or equipment systems, or using radio frequencies exclusively used for national defense and security, emergency, safety, search, rescue and salvage for other purposes, causing serious consequences:

d/ Intentionally committing deceitful acts or supplying untruthful information to obtain a license:

e/ Failing to pay the charge for the use of a radio frequency and to fulfill other financial obligations prescribed by law;

f/ Failing to actually perform operations indicated in their licenses for 2 years after the licensing date:

g/ Having their telecommunication licenses, press activity licenses or their right to rebroadcast relevant radio or television programs revoked.

2. One year after having their radio frequency use licenses revoked under Points b. c. d and e. Clause 1 of this Article, in case their violations are not serious enough for penal liability examination and they have remedied consequences caused by their violations and meet all the conditions for licensing specified in this Clause, organizations and individuals may be considered for the re-grant of a radio frequency use license.

Article 24. Transfer of the right to use a radio frequency

1. The transfer of the right to use a radio frequency is specified as follows:

a/ Organizations licensed to use a frequency band or channel through auction may transfer the right to use of a radio frequency to other organizations;

b/ Organizations transferring the right to use a radio frequency must possess a valid radio frequency use license;

c/ Organizations receiving the right to use a radio frequency must meet the conditions on participants in an auction or examination to select entities eligible for the right to use radio frequencies specified at Point b. Clause 3. Article 18. and the licensing conditions specified at Points a. b. d. e and f. Clause 2. Article 19 of this Law;

d/ The transfer is approved in writing by the Ministry of Information and Communications:

e/ Parties to the transfer shall fulfill tax obligations under tax laws;

f/ The legitimate rights and interests of involved organizations and individuals are assured.

2. The Prime Minister shall detail the transfer of the right to use a radio frequency.

Article 25. Lease or lending of radio equipment

1. Owners of means of transport furnished with radio equipment and owners of amateur radio stations may reach agreement in writing to lease or lend radio equipment for which they have been licensed to other organizations and individuals for operation, and shall notify such to the specialized management agency in charge of radio frequencies.

2. Radio equipment lessees or borrowers must meet the conditions of licensees specified in Clause 1. Article 19 of this Law. Radio equipment lessors, lessees, lenders and borrowers shall comply with the law on radio frequencies and other relevant laws.

3. The Minister of Information and Communications shall detail the lease or lending of radio equipment.

Article 26. Common use of radio frequencies

1. Organizations and individuals that use a radio frequency at a low level or while traveling in a wide area shall share the radio frequency with other organizations and individuals and accept the effects of the common use.

2. Organizations and individuals licensed to commonly use a radio frequency shall use only the radio frequency indicated in their licenses and may use encryption or other technical solutions to assure information confidentiality.

3. The Minister of Information and Communications shall detail the common use of radio frequencies.

Article 27. Exemption from radio frequency use licensing

1. Radio equipment exempt from radio frequency use licensing includes:

a/ Short-range radio equipment of a limited output and unlikely to cause harmful interference, which are on the list mentioned in Clause 2 of this Article;

b/ Radio equipment installed on board foreign seagoing ships or airplanes traveling through Vietnamese territory, which are exempt from licensing under international agreements or treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The Minister of Information and Communications shall announce a list of radio equipment exempt from radio frequency use licensing, together with their technical and operation conditions.

3. Manufacturers or importers of radio equipment on the list mentioned in Clause 2 of this Article shall announce and assure that manufactured or imported equipment meet the technical and operation conditions required for radio equipment exempt from radio frequency use licensing before marketing such equipment.

4. Users of radio equipment exempt from radio frequency use licensing shall assure all technical and operation conditions for such equipment.

Article 28. Rights and obligations of organizations and individuals licensed to use radio frequencies and equipment

1. To use radio frequencies and equipment according to their licenses.

2 To request competent agencies to handle harmful interference.

3. To lodge complaints about or denunciations against illegal acts in the domain of radio frequencies.

4. To install and use radio equipment and frequencies in accordance with relevant laws.

5. To design and install radio stations and antenna posts in accordance with regulations on electromagnetic compatibility, radio radiation safety, construction and aviation safety and other relevant regulations.

6. To submit to radio frequency inspection, examination and control by competent state agencies.

7. To fulfill financial obligations for the use of radio frequencies as prescribed by law.

8. To participate in the international registra­tion and coordination in radio frequencies, for the cases specified in Article 41 of this Law.

9. To comply with agreements on the international coordination in radio frequencies and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 29. Rights and obligations of organizations licensed to use frequency bands

1. To decide on the number and categories of radio equipment operating in a radiocommunication network.

2. To be exempt from radio frequency and equipment use licensing for each radio equipment used in a radiocommunication network.

3. To lodge complaints about illegal acts in the domain of radio frequencies.

4. To strictly comply with the provisions of their licenses; to promptly report on changes in techniques or the list of radio transmitting equipment in a radiocommunication network.

5. To comply with regulations on radio frequencies.

6. To design and install radio stations and antenna posts in accordance with regulations on radio radiation safety, electromagnetic compatibility and construction and aviation safety, and other relevant regulations.

7. To handle harmful interference between radio equipment within their radiocommuni­cation networks.

8. To coordinate with licensed organizations in adjacent frequency bands in using radio frequencies and preventing harmful interference.

9. To submit to radio frequency inspection, examination and control by competent state agencies.

10. To fulfill financial obligations for the use of radio frequencies as prescribed by law.

11. To participate in the international registration and coordination in radio frequencies, for the cases specified in Article 41 of this Law.

12. To comply with agreements on the international coordination in radio frequencies and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 30. Rights and obligations of organizations licensed to use radio frequencies and satellite orbits

1. To decide on the number and categories of radio equipment operating in a radiocommunication network.

2. To enter into joint ventures or partnerships with other organizations in managing and operating satellites.

3. To lodge complaints about illegal acts in the domain of radio frequencies.

4. To strictly comply with the provisions of their radio frequency and satellite orbit use licenses.

5. To comply with Vietnam's laws and treaties on the outer space to which the Socialist Republic of Vietnam is a contracting party.

6. To submit to radio frequency inspection, examination and control by competent state agencies.

7. To fulfill financial obligations for the use of radio frequencies and satellite orbits as prescribed by law.

8. To participate in the international registration and coordination in radio frequencies and satellite orbits, for the cases specified in Article 41 of this Law.

9. To comply with agreements on the international coordination in radio frequencies and satellite orbits, and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 31. Charge for the use of a radio frequency and fee for the grant of a radio frequency use license

1. Users of a radio frequency shall pay a charge for the use of a radio frequency and a fee for the grant of a radio frequency use license

2. The charge for the use of a radio frequency is prescribed on the basis of the economic value of the used radio frequency; use purpose; level of radio frequency spectrum occupancy: service coverage; demand for and level of the use of frequency channels in a frequency band and geographical areas in which the radio frequency is used; and to cover expenses for the manage­ment of radio frequencies and the realization of relevant state policies in each period.

3. The charge for the use of a radio frequency prescribed in Clause 2 of this Article is exclusive of proceeds from the auction of the right to use a radio frequency.

4. The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Information and Communications in. prescribing or proposing a competent state agency to prescribe the rates and regime of collection, remittance, management and use of the charge for the use of a radio frequency and the fee for the grant of a radio frequency use license.

Article 32. Radio operator certificates

1. Operators of radio equipment in the maritime or aeronautical mobile service or amateur radio service must possess a radio operator certificate.

2. The Minister of Information and Communications shall provide in detail kinds of radio operator certificates: eligible applicants, conditions and procedures for the grant and revocation of radio operator certificates and recognition of foreign radio operator certificates: and the training of radio operators.

3. The Minister of National Defense and the Minister of Public Security shall provide in detail conditions and procedures for the grant and revocation of radio operator certificates in the domains of national defense and security after reaching agreement with the Minister of Information and Communications; and the training of radio operators in the domains of national defense and security.

Article 33. Use of radio frequencies and equipment in a case of emergency

1. In a case of emergency in which human life and assets are threatened, organizations and individuals may temporarily use radio frequencies and equipment for which licenses have not been granted to make emergency calls and shall notify such to the specialized management agency in charge of radio frequencies.

2. Organizations and individuals may also use radio stations to transmit SOS information or signals to attract attention on radio frequencies not exclusively reserved for SOS calls.

3. Upon receiving SOS information or signals, organizations and individuals using radio stations shall keep listening to them on radio frequencies on which SOS calls are transmitted, respond and promptly render all necessary assistance, and at the same time notify the search and rescue agency thereof.