Chương I Nghị định 63/2023/NĐ-CP : Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates the provisions of Clause 4 Article 16, Clause 5 Article 18, Clause 5 Article 18a, Point b Clause 1 Article 19, Clause 5 Article 24, Clause 3 Article 25, Clause 3 Article 26, Clause 4 Article 31 and Clause 2 Article 32 of the Law on Radio Frequencies No. 42/2009/QH12, as amended by the Law No. 09/2022/QH15, on the following contents:

a) Issuance, re-issuance, replacement, revision, extension and revocation of licenses to use radio frequencies; fixed-period partial suspension of right to use radio frequencies;

b) Leasing or lending of radio devices;

c) Shared use of radio frequencies;

d) Transfer of right to use radio frequencies;

dd) Fees for grant of right to use radio frequencies;

e) Eligibility requirements and procedures for recognition of organizations eligible to provide training and issue certificates of competency to radio operators in maritime mobile service and amateur radio service; provisions on radio operator’s certificates, eligible candidates, minimum requirements, and procedures for issuance and revocation of radio operator’s certificates; recognition of foreign radio operator’s certificates.

2. This Decree shall not apply to the use of radio frequencies dedicated to national defense and security purposes.

Article 2. Regulated entities 

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

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “earth station” means a station located either on the Earth's surface or within the major portion of the Earth's atmosphere and intended for communication with one or more space stations or with one or more stations of the same type by means of one or more reflecting satellites or other objects in space.

2. “amateur radio station” means a station designed to serve amateur radio service and satellite-based amateur radio service.

3. “ship station” means a mobile station located on board a ship, boat, floating platform or simulation model (for training and research purposes), other than a survival craft station, and operating on frequencies in the maritime mobile service, the maritime mobile-satellite service and radio services of the Global Maritime Distress and Safety System (GMDSS).

4. “coast station” means a land station in the maritime mobile service.

5. “Global Maritime Distress and Safety System (GMDSS)” means a maritime information system adopted by the member states of the International Maritime Organization (IMO) in 1988 on the basis of the revised text of Chapter IV of the International Convention for the Safety of Life at Sea, 1974 and its amendments (SOLAS 74 and its amendments).

6. “radio station 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.

7. “radio station communicating with fishing vehicles” means a radio station located on the mainland, using frequencies dedicated for fishing vehicles and frequencies for ensuring safety at sea for communicating with fishing vehicles but not for the purpose of providing telecommunications services.

8. “wireless radio broadcasting station” means a radio station transmitting audio signals to wireless speakers.

9. “private telecommunications network using frequencies in the land mobile service” means the telecommunications network, consisting of mobile radio stations or fixed and mobile radio stations operating on frequencies in the land mobile service, that is established by organizations and/or individuals for communication but not for the purpose of gaining profits directly from the network's operation.

10. “internal radio communication network” means an internal telecommunications network, consisting of mobile radio stations operating on frequencies in the land mobile service, that uses integrated antennas, has a radiated power of not exceeding 5W (watts) and is established by organizations and/or individuals at a place with an identified address and scope where the network owner is entitled to use the network for internal communication but not for the purpose of gaining profits directly from the network's operation. 

11. “foreign missions” include diplomatic missions, consular offices, agencies authorized to perform consular functions in Vietnam, and representative offices in Vietnam of international organizations that are UN specialized agencies, and intergovernmental international organizations that are not UN specialized agencies.

12. “foreign delegations” mean foreign delegations that travel to Vietnam at the invitation of the head of the Communist Party, the State, National Assembly, Government and other regulatory authorities of Vietnam.

13. “copy” means a photocopy of an original document or typewritten copy that has adequate and accurate contents as those in the master register.

14. “lawful copy” means a copy from the master register, a certified true copy or a copy accompanied with its original document for verification purpose (in case an application is submitted directly and certified by the receiving officer).

15. “lawful electronic copy” means an electronic copy from the master register or an electronic certified true copy.

16. “date of base fee determination” means the effective date of the base fee decision issued by the Minister of Information and Communications of Vietnam (MIC’s Minister).

17. “frequency bands of the same type” means frequency bands that coexist in the same frequency band as defined by the 3rd Generation Partnership Project and have the same duplex transmission method.

18. “similar frequency bands” means two frequency bands that are defined as similar frequency bands by the 3rd Generation Partnership Project when they have the same duplex transmission method, and at least a frequency used as the downlink of this frequency band is 0,9 - 1,1 times the frequency at the middle position of the range of frequencies used as the downlink of the other frequency band.

19. “amateur radio operator” means a person who holds an amateur radio operator’s certificate or a foreign amateur radio operator’s certificate.

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