Chương VII Luật tần số vô tuyến điện năm 2009: Quản lý và sử dụng tần số vô tuyến điện phục vụ mục đích quốc phòng, an ninh

Chapter VII

MANAGEMENT AND USE OF RADIO FREQUENCIES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 45. Allocation of radio frequencies for national defense and security purposes

1. The Ministry of Information and Communications shall assume the prime responsibility for. and coordinate with the Ministry of National Defense and the Ministry of Public Security in. proposing the Prime Minister to approve the allocation of radio frequencies for national defense and security purposes in each period based on the national plan on the radio frequency spectrum.

2. In case the Ministry of National Defense and the Ministry of Public Security need to use for national defense and security purposes radio frequencies other than those exclusively allocated to them, agreement of the Ministry of Information and Communications is required.

3. In circumstances which might directly impact the national sovereignty and security, the Ministry of National Defense and the Ministry of Public Security may use radio frequencies other than those allocated to them for national defense and security purposes and notify such to the Ministry of Information and Communications.

Article 46. Management and use of radio frequencies for national defense and security purposes

1. The Ministry of National Defense and the Ministry of Public Security shall:

a/ Provide for the management and use of radio frequencies allocated for national defense and security purposes, assuring the efficient and economical use of allocated radio frequencies for proper purposes and in line with the national plan on the radio frequency spectrum;

b/ Elaborate and apply standards on radio equipment, radio emission and electromagnetic compatibility to the use of radio frequencies for national defense and security purposes, ensuring conformity with relevant national technical regulations:

c/ Grant, modify, supplement, extend and revoke radio frequency use licenses and radio operator certificates in the domain of national defense and security:

d/ Examine and control radio frequencies, handle harmful interference; inspect and settle complaints and denunciations, and handle violations of the law on radio frequencies in the domains of national defense and security;

e/ Designate their specialized agencies in charge of radio frequency management to advise and assist the Ministers in organizing the management, examination and control of radio frequencies allocated for national defense and security purposes.

2. The Ministry of Information and Communications shall assume the prime responsibility for. and coordinate with the Ministry of National Defense and the Ministry of Public Security in. formulating the following mechanisms for coordination:

a/ The management and use of frequency bands for common use for national defense, security and socio-economic development purposes;

b/ The handling of harmful interference between radio stations for socio-economic development and those for national defense and security;

c/ The use of radio frequencies other than allocated ones in case of national defense and security emergency.

Article 47. Management and use of interference-causing devices

1. The Ministry of National Defense and the Ministry of Public Security may use interference-causing devices to perform the task of national defense and prevention and combat of all activities infringing upon national security, social order and safety.

When necessary to use interference-causing devices, agencies and organizations outside the Ministry of National Defense and the Ministry of Public Security shall obtain permission of the Prime Minister.

2. When using interference-causing devices, agencies and organizations mentioned in Clause 1 of this Article shall comply with regulations of the management and use of interference-causing devices.

3. The Prime Minister shall provide in detail the management and use of interference-causing devices.