Nghị định 63/2023 NĐ-CP quy định chi tiết một số điều của luật tần số vô tuyến điện số 42/2009/qh12, được sửa đổi, bổ sung một số điều theo luật số 09/2022/qh15

THE GOVERNMENT OF VIETNAM ----------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 63/2023/ND-CP	Hanoi, August 18, 2023

 

DECREE

ELABORATION OF LAW ON RADIO FREQUENCIES NO. 42/2009/QH12, AS AMENDED BY LAW NO. 09/2022/QH15

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019; 

Pursuant to the Law on Radio Frequencies dated November 23, 2009; the Law on amendments to the Law on Radio Frequencies dated November 09, 2022;

At the request of the Minister of Information and Communications of Vietnam;

The Government promulgates a Decree on elaboration of the Law on Radio Frequencies No. 42/2009/QH12, as amended by the Law No. 09/2022/QH15.

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.

Chapter II

ISSUANCE, RE-ISSUANCE, REPLACEMENT, REVISION, EXTENSION AND REVOCATION OF LICENSES TO USE RADIO FREQUENCIES; PARTIAL SUSPENSION OF RIGHT TO USE RADIO FREQUENCIES

Section 1. GENERAL PROVISIONS

Article 4. Provisions on licensing and applications for issuance, re-issuance, replacement, extension or revision of licenses to use radio frequencies (hereinafter referred to as “applications”)

1. Applicants for issuance, re-issuance, replacement, extension or revision of licenses to use radio frequencies shall assume legal responsibility for the accuracy and legitimacy of the documents and information provided in their submitted applications.

Regarding applications submitted directly or by post: if the certification or notarization of the documents included in the application is not required in accordance with the provisions of this Decree, each document must bear the seal of the applicant that is an organization; or be countersigned by the applicant that is an individual or household business. Where a document has multiple pages, it must be fan stamped by the applicant that is an organization or have each of its pages countersigned by the applicant that is an individual or household business.

Regarding applications submitted via the online public service system: if the documents included in the application must bear signature and seal of the applicant in accordance with the provisions of this Decree, the applicant that is an organization must not sign and append its seal to such documents, and the applicant that is an individual or household business must not sign them.

When applying for a license for an amateur radio station, a foreigner shall be allowed to submit the copy of his/her unexpired passport as prescribed in Clause 2 Article 6 of this Decree and must present his/her original passport upon his/her receipt of the license.

2. When submitting an application via the online public service system, the applicant that has been issued with an electronic identification account by a competent authority shall not be required to submit a lawful electronic copy of their citizen identity card or unexpired passport or certificate of household business registration.

Regarding an application submitted directly or by post: the applicant must not submit the copy of ID card, citizen identity card, certificate of household business registration or enterprise registration certificate as prescribed in Clause 2, Point b Clause 3 Article 6 of this Decree if they can be obtained by the licensing authority from the National population database or the National Enterprise Registration Database. The application of this provision shall be published on the website of the licensing authority.

3. An applicant must not re-submit the documents which have been submitted in their previous application if such documents still remain valid and there is no change in their contents, except the statement specified in Appendix II enclosed herewith.

4. Applicants shall be required to submit additional documents in the following cases:

a) The licensing authority needs to verify the information provided in the statement prescribed in Appendix II enclosed herewith before assigning radio frequencies and issuing or revising a license;

b) The licensing authority needs additional information for determining whether or not an applicant is eligible for reduction/exemption from licensing charges/fees for use of radio frequencies (hereinafter referred to as “frequency fees/charges”) as prescribed.  

5. During the validity period of a license, the license holder that wishes to revise any content of the license (except the validity period) shall submit an application for revision of the license as prescribed.

6. If a license holder concurrently applies for extension and revision of their license, the licensing authority shall only issue a new license authorizing both extension and revision of the license.

7. A general declaration may be submitted for an application containing multiple declarations of technical and operating specifications and application form for replacement or extension of the license to use radio frequencies.

8. Regarding radio stations or radio services subject to compulsory international frequency registration and cooperation as prescribed in Article 41 of the Law on Radio Frequencies, applications for issuance, re-issuance, replacement, extension or revision of licenses submitted during the international frequency registration and cooperation period may be accepted and processed, provided that applicants shall be required to follow procedures for revising their licenses in accordance with the provisions of this Decree when frequencies or other technical specifications need to be changed according to the results of international frequency registration and cooperation with the International Telecommunication Union (ITU).

9. Applicants shall only receive licenses upon their full payment of frequency fees/charges as prescribed.

10. If an applicant fails to modify their application within 30 days upon their receipt of the modification request from the licensing authority, their application processing will be terminated.

11. If an applicant fails to pay frequency fees/charges in full within 30 days upon their receipt of a notice of such frequency fees/charges from the licensing authority, their application processing result will be invalidated.

12. Radiofrequency radiation exposure limits specified in licenses to use radio frequencies shall comply with national technical regulations. In case such national technical regulations are not available, radiofrequency radiation exposure limits shall be imposed in accordance with international standards and in a manner that is appropriate to actually applied technologies so as to minimize harmful interference.

13. License holders shall be required to submit quarterly reports on lists of radio transmitters used in the radio communication network (which are made using the form in Appendix I enclosed herewith) to the Ministry of Information and Communications of Vietnam (MIC) (via the Authority of Radio Frequency Management) within the time limit prescribed by the MIC, and ad hoc reports on the same content within 05 working days upon receipt of the written request from the MIC (via the Authority of Radio Frequency Management).

14. Applications shall be submitted via the online public service system or by post or directly.

15. Application processing results shall be sent to applicants via the online public service system or electronically or by post or directly.

16. Foreign organizations or individuals that are issued with licenses to use radio frequencies and devices for operating amateur radio stations shall only be allowed to use such radio frequencies and devices during their lawful residence in Vietnam.

17. Within 75 days from the day on which the ITU issues the BR International Frequency Information Circular (BR IFIC), holders of licenses to use radio frequencies and satellite orbits shall submit reports to the MIC (via the Authority of Radio Frequency Management) on results of inspection of applications for registration of radio frequencies and satellite orbits of foreign countries which have been announced by the IUT to likely affect their licensed satellites.

Article 5. Licensing authorities

1. The MIC (the Authority of Radio Frequency Management) shall take charge of issue, re-issue, replace, extend, revise or revoke licenses to use radio frequencies, partially suspend the right to use radio frequencies, and process applications for termination of use of radio frequencies in respect of licenses prescribed in the Law on Radio Frequencies, except the cases specified in Clause 2 of this Article.

2. The Authority of Radio Frequency Management (Regional Radio Frequency Centers) shall take charge of issue, replace, extend, revise or revoke licenses to use radio frequencies and radio devices, and process applications for termination of use of radio frequencies in respect of amateur radio stations, ship stations, radio stations on fishing vehicles, radio stations communicating with fishing vehicles, wireless radio broadcasting stations, and internal radio communication networks.

Section 2. ISSUANCE, REPLACEMENT, EXTENSION OR REVISION OF LICENSES TO USE RADIO FREQUENCIES AND RADIO DEVICES OTHER THAN THOSE SPECIFIED IN SECTION 3 AND SECTION 4 OF THIS CHAPTER

Article 6. Applications for issuance of licenses  

An application for issuance of a license includes:

1. A general declaration and a declaration of technical and operating specifications using forms in Appendix II enclosed herewith.

2. A lawful copy or lawful electronic copy of citizen identity card or ID card or unexpired passport (if the applicant is an individual); or of certificate of household business registration (if the applicant is a household business).

3. Other documents accompanied with the application, including:

a) A copy of amateur radio operator’s certificate or information thereon as prescribed by the domestic law of the applicant’s home country (for an amateur radio station);

b) A copy of the satellite communication service contract signed with a telecommunications enterprise or its authorized agency that has been licensed by the MIC (for independently operated earth stations and radio stations on fishing vehicles equipped with satellite-based vessel monitoring systems), except cases where a telecommunications license has been issued for establishing a fixed-satellite network or mobile-satellite network; or

A lawful copy or lawful electronic copy of establishment decision or copy of enterprise registration certificate or investment certificate (for earth stations of organizations or enterprises conducting business at sea, multinational companies, governmental agencies, software development zones and hi-tech zones that use regional or international satellites), except cases where a telecommunications license has been issued for establishing a fixed-satellite network or mobile-satellite network; or

A lawful copy or lawful electronic copy of a document issued by a competent authority (for earth stations of organizations or enterprises 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), except cases where a telecommunications license has been issued for establishing a fixed-satellite network or mobile-satellite network;

c) A written request of a specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam (for radio stations of foreign delegations that visit and work in Vietnam at the invitation of the head of the State or Government of Vietnam); or

A written request of a specialized agency affiliated to the Party Central Committee’s Commission for External Relations (for radio stations of foreign delegations that visit and work in Vietnam at the invitation of the head of the Communist Party of Vietnam); or

A written request of a specialized agency affiliated to the Office of the National Assembly (for radio stations of foreign delegations that visit and work in Vietnam at the invitation of the head of the National Assembly); or

A written request of the authority in charge of receiving the foreign delegation (for radio stations of other foreign delegations);

d) A written request of a specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam or Ho Chi Minh City Department of External Relations or another provincial Department of External Relations entrusted with management tasks (for radio stations of foreign missions);

dd) A written request of a specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam (for radio stations of foreign correspondents accompanying foreign delegations);

e) A document issued by a specialized agency affiliated to the Ministry of National Defence of Vietnam on the opening of a specialized aerodrome (for radio stations in aeronautical mobile service or aeronautical radio navigation service at specialized aerodromes;

g) Documents proving eligibility to use radio frequencies out of planning as prescribed in Article 11a of the Law on Radio Frequencies which is added according to Clause 3 Article 1 of the Law on amendments to the Law on Radio Frequencies, accompanied with the plan to use radio devices (in case of application for license to use radio frequencies out of planning).

Article 7. Applications for replacement, extension or revision of licenses

1. An application for replacement or extension of a license includes:

A general declaration and an application form for replacement or extension of the license to use radio frequencies and radio devices using forms in Appendix II enclosed herewith.

2. An application for revision of a license includes:

A general declaration and a declaration of technical and operating specifications using forms in Appendix II enclosed herewith.

Article 8. Procedures for processing applications for issuance, replacement, extension or revision of licenses

1. An application, which contains adequate documents as required, for issuance, replacement, extension or revision of license is submitted to the licensing authority.

2. The licensing authority shall receive and check the validity of application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application.

3. Within 14 days, for an amateur radio station, radio station on fishing vehicle or ship station, or 28 days, for other cases, from the receipt of an adequate and valid application, the licensing authority shall issue, extend or revise the license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to do so, except the cases specified in Clause 4 of this Article.

4. If more than 100 frequencies are to be assigned under an application or applications submitted by the same applicant within 28 days, the licensing authority shall consider processing such application(s) for issuance, extension or revision of license within a maximum duration of 03 months.

5. Within 14 days from the receipt of an adequate and valid application for replacement of a license, the licensing authority shall issue a new license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

Section 3. ISSUANCE, REPLACEMENT, EXTENSION OR REVISION OF LICENSES TO USE RADIO FREQUENCIES AND RADIO DEVICES FOR RADIO STATIONS WHICH MUST BE REGISTERED WITH ICAO AND OPERATE IN AERONAUTICAL MOBILE SERVICE ON OUT-OF-BAND FREQUENCIES RANGING FROM 2850 KHZ TO 22000 KHZ AND IN AERONAUTICAL RADIONAVIGATION SERVICE, INCLUDING RADIO STATIONS LOCTED IN SPECIALIZED AERODROMES

Article 9. Applications for issuance, replacement, extension or revision of licenses

1. An application for issuance of a license includes:

a) A general declaration and a declaration of technical and operating specifications using Form 1a in Appendix II enclosed herewith;

b) A document issued by a specialized agency affiliated to the Ministry of National Defence of Vietnam on the opening of a specialized aerodrome (for radio stations in aeronautical mobile service or aeronautical radio navigation service in specialized aerodromes).

2. An application for replacement or extension of a license includes:

A general declaration and an application form for replacement or extension of the license to use radio frequencies and radio devices using forms in Appendix II enclosed herewith.

3. An application for revision of a license includes:

a) A general declaration and a declaration of technical and operating specifications using Form 1a in Appendix II enclosed herewith;

b) A document issued by a specialized agency affiliated to the Ministry of National Defence of Vietnam on the opening of a specialized aerodrome (for radio stations in aeronautical mobile service or aeronautical radio navigation service in specialized aerodromes).

Article 10. Procedures for processing applications for issuance, replacement, extension or revision of licenses

1. An application, which contains adequate documents as required, for issuance, replacement, extension or revision of license is submitted to the licensing authority.

2. The licensing authority shall receive and check the validity of application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application. In case an application is valid but the issuance or revision of the license requires re-calculation of radio frequencies, the licensing authority shall follow procedures for international frequency cooperation as prescribed in Article 11 of this Decree.

3. Application processing time limit:

a) In case domestic and international frequency cooperation is required, the time limit for processing an application shall be as follows:

a1) Within 07 days from the receipt of a written notice of international frequency cooperation results from the Ministry of Transport of Vietnam, the licensing authority shall issue or revise the license using Form 1a in Appendix III enclosed herewith or give reasons for its refusal to do so;

a2) Within 28 days from the receipt of an adequate and valid application, if the domestic frequency cooperation and assignment are unfeasible, the licensing authority shall refuse to issue or revise the license and give reasons therefor;

b) In case domestic and international frequency cooperation is not required, within 28 days from the receipt of an adequate and valid application, the licensing authority shall extend or revise the license using Form 1a in Appendix III enclosed herewith or give reasons for its refusal to do so;

c) Within 14 days from the receipt of an adequate and valid application for replacement of a license, the licensing authority shall issue a new license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

Article 11. Procedures for domestic and international frequency cooperation

1. Within 21 days from the receipt of an adequate and valid application, the licensing authority shall carry out domestic frequency cooperation and assignment. In case of feasible frequencies, a written request, accompanied with copies of the documents specified in Article 9 of this Decree, shall be sent to the specialized agency affiliated to the Ministry of Transport of Vietnam for carrying out international frequency cooperation.

2. Within 38 days from the receipt of a written request from the licensing authority, the specialized agency affiliated to the Ministry of Transport of Vietnam shall:

a) Carry out international frequency cooperation with international aviation authorities and ICAO;

b) Cooperate with organizations/individuals in conducting trial frequency transmission and receipt with the approval of the licensing authority.  The licensing authority shall give its response within 03 working days from the receipt of a written request for approval of trial frequency transmission and receipt from the specialized agency affiliated to the Ministry of Transport of Vietnam;

c) Send a written notice of results of the international frequency cooperation, whether it is successful or not, to the licensing authority. In case of successful cooperation, the notice shall indicate information on successful frequencies and radio station identification.

3. Where the international frequency cooperation requires in-depth technical operation, the specialized agency affiliated to the Ministry of Transport of Vietnam and the licensing authority shall jointly carry out this cooperation task.

Article 12. Registration of frequencies with International Telecommunication Union (ITU)

The licensing authority shall carry out frequency registration procedures with the ITU within 15 days from the issue date of a license to use radio frequencies.

Section 4. ISSUANCE, REPLACEMENT, EXTENSION OR REVISION OF LICENSES TO USE RADIO FREQUENCIES AND RADIO DEVICES FOR EARTH STATIONS OF FOREIGN MISSIONS, FOREIGN DELEGATIONS, FOREIGN CORRESPONDENTS ACCOMPANYING FOREIGN DELEGATIONS THAT USE SATELLITE COMMUNICATION SERVICES OF FOREIGN COUNTRIES OR INTERNATIONAL SATELLITE COMMUNICATION ORGANIZATIONS

Article 13. Applications for issuance, replacement, extension or revision of licenses

1. An application for issuance of license for an earth station of a foreign mission includes:

a) A general declaration and a declaration of technical and operating specifications using Form 1m in Appendix II enclosed herewith;

b) A written request of a specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam or Ho Chi Minh City Department of External Relations or another provincial Department of External Relations entrusted with management tasks.

2. An application for issuance of license for an earth station of a foreign delegation travelling to Vietnam includes:

a) A general declaration and a declaration of technical and operating specifications using Form 1m in Appendix II enclosed herewith;

b) A written request of a specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam (for earth stations of foreign delegations that visit Vietnam at the invitation of the head of the State or Government of Vietnam); or

A written request of a specialized agency affiliated to the Party Central Committee’s Commission for External Relations (for earth stations of foreign delegations that visit Vietnam at the invitation of the head of the Communist Party of Vietnam); or

A written request of a specialized agency affiliated to the Office of the National Assembly (for earth stations of foreign delegations that visit Vietnam at the invitation of the head of the National Assembly); or

A written request of the authority in charge of receiving the foreign delegation (for earth stations of other foreign delegations).

3. An application for issuance of license for an earth station of a foreign correspondent accompanying a foreign delegation includes:

a) A general declaration and a declaration of technical and operating specifications using Form 1m in Appendix II enclosed herewith;

b) A written request of the specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam.

4. An application for replacement or extension of a license includes:

A general declaration and an application form for replacement or extension of the license to use radio frequencies and radio devices using forms in Appendix II enclosed herewith.

5. An application for revision of a license includes:

A general declaration and a declaration of technical and operating specifications using Form 1m in Appendix II enclosed herewith.

Article 14. Procedures for processing applications for issuance, replacement, extension or revision of licenses

1. Cooperation procedures and time limit for processing applications for issuance, extension or revision of licenses of foreign missions:

a) The foreign mission (applicant) shall submit an application for issuance, extension or revision of the license, which contains adequate documents as prescribed in Article 13 of this Decree, to the licensing authority;

b) The licensing authority shall check the validity of the received application. If the application fails to contain adequate and valid documents as required or additional information or clarification is required, within 03 working days from the receipt of the application, the licensing authority shall notify and instruct the applicant to complete its application, and also notify the specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam or Ho Chi Minh City Department of External Relations or another provincial Department of External Relations entrusted with management tasks. The applicant is required to submit a complete application within 03 working days from the receipt of the notice from the licensing authority;

c) Within 01 working day from the receipt of an adequate and valid application, the licensing authority shall send a written request, accompanied with copies of the documents included in the application, to the specialized agency affiliated to the Ministry of Public Security of Vietnam for its opinions;

d) The specialized agency affiliated to the Ministry of Public Security of Vietnam shall give its written response within 06 working days from its receipt of the written request from the licensing authority.

If the specialized agency affiliated to the Ministry of Public Security of Vietnam needs more time to consider the case, it shall notify the licensing authority in writing, providing that a response must be given within 14 days;

dd) Within 06 working days from the receipt of a written response from the specialized agency affiliated to the Ministry of Public Security of Vietnam, the licensing authority shall issue a license to use radio frequencies and radio devices using Form 1m in Appendix III enclosed herewith, or give reasons for its refusal to issue the license, and also notify the application processing result to the specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam, or Ho Chi Minh City Department of External Relations, or another provincial Department of External Relations entrusted with management tasks, and the specialized agency affiliated to the Ministry of Public Security of Vietnam.

2. Cooperation procedures and time limit for processing applications for issuance, extension or revision of licenses of foreign delegations

a) The foreign delegation (applicant) shall submit an application for issuance, extension or revision of the license, which contains adequate documents as prescribed in Article 13 of this Decree, to the licensing authority;

b) The licensing authority shall check the validity of the received application. If the application fails to contain adequate and valid documents as required or additional information or clarification is required, within 01 working day from the receipt of the application, the licensing authority shall notify and instruct the applicant to complete its application, and also notify the authority in charge of receiving the foreign delegation for cooperation. The applicant is required to submit a complete application within 01 working day from the receipt of the notice from the licensing authority;

c) Within 01 working day from the receipt of an adequate and valid application, the licensing authority shall send a written request, accompanied with copies of the documents included in the application, to the specialized agency affiliated to the Ministry of Public Security of Vietnam for its opinions;

d) The specialized agency affiliated to the Ministry of Public Security of Vietnam shall give its written response within 03 working days from its receipt of the written request from the licensing authority;

dd) Within 03 working days from the receipt of a written response from the specialized agency affiliated to the Ministry of Public Security of Vietnam, the licensing authority shall issue a license to use radio frequencies and radio devices using Form 1m in Appendix III enclosed herewith, or give reasons for its refusal to issue the license, and also notify the application processing result to the authority in charge of receiving the foreign delegation.

3. Cooperation procedures and time limit for processing applications for issuance, extension or revision of licenses of foreign correspondents accompanying foreign delegations

a) The foreign correspondent (applicant) shall submit an application for issuance, extension or revision of the license, which contains adequate documents as prescribed in Article 13 of this Decree, to the licensing authority;

b) The licensing authority shall check the validity of the received application. If the application fails to contain adequate and valid documents as required or additional information or clarification is required, within 03 working days from the receipt of the application, the licensing authority shall notify and instruct the applicant to complete its application, and also notify the specialized agency affiliated to the Ministry of Foreign Affairs of Vietnam for cooperation. The applicant is required to submit a complete application within 03 working days from the receipt of the notice from the licensing authority;

c) Within 01 working day from the receipt of an adequate and valid application, the licensing authority shall send a written request, accompanied with copies of the documents included in the application, to the specialized agency affiliated to the Ministry of Public Security of Vietnam for its opinions;

d) The specialized agency affiliated to the Ministry of Public Security of Vietnam shall give its written response within 05 working days from its receipt of the written request from the licensing authority;

If the specialized agency affiliated to the Ministry of Public Security of Vietnam needs more time to consider the case, it shall notify the licensing authority in writing, providing that a response must be given within 14 days;

dd) Within 05 working days from the receipt of a written response from the specialized agency affiliated to the Ministry of Public Security of Vietnam, the licensing authority shall issue a license to use radio frequencies and radio devices using Form 1m in Appendix III enclosed herewith, or give reasons for its refusal to issue the license, and also notify the application processing result to the specialized agency affiliated to the Ministry of Public Security of Vietnam and that affiliated to the Ministry of Foreign Affairs of Vietnam.

4. Procedures and time limit for processing applications for replacement of licenses of foreign missions, foreign delegations and foreign correspondents accompanying foreign delegations:

a) The foreign mission, foreign delegation or foreign correspondent accompanying a foreign delegation (applicant) shall submit an application which contains adequate documents as prescribed in Clause 4 Article 13 of this Decree to the licensing authority;

b) The licensing authority shall check the validity of the received application. If the application fails to contain adequate and valid documents as required or additional information or clarification is required, within 03 working days from the receipt of the application, the licensing authority shall notify and instruct the applicant to complete its application. The applicant is required to submit a complete application within 03 working days from the receipt of the notice from the licensing authority;

c) Within 05 working days from the receipt of an adequate and valid application, the licensing authority shall issue a new license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

Section 5. ISSUANCE, REPLACEMENT, EXTENSION OR REVISION OF LICENSES TO USE SATELLITE FREQUENCIES AND ORBITS

Article 15. Applications for issuance, replacement, extension or revision of licenses to use satellite frequencies and orbits

An application includes:

1. An application form made using Form 3 in Appendix II enclosed herewith.

2. An declaration of fulfillment of eligibility requirements laid down in Clause 2 Article 21 of the Law on Radio Frequencies and conformance to a scheme or project approved by a competent authority (in case of applications for issuance or revision of licenses).

Article 16. Procedures for processing applications for issuance, replacement, extension or revision of licenses to use satellite frequencies and orbits

1. An application, which contains adequate documents as required, for issuance, replacement, extension or revision of license is submitted to the licensing authority.

2. The licensing authority shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application.

3. In case of an application for issuance, extension or revision of the license:

Within 05 working days from the receipt of an adequate and valid application, the licensing authority shall send a written request, accompanied with copies of the documents included in the application, to the specialized agency affiliated to the Ministry of Public Security of Vietnam for its opinions.

The specialized agency affiliated to the Ministry of Public Security of Vietnam shall give its written response within 10 working days from its receipt of the written request from the licensing authority.

Within 40 days from the receipt of a written response from the specialized agency affiliated to the Ministry of Public Security of Vietnam, the licensing authority shall issue, extend or revise the license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to do so.

4. In case of an application for replacement of the license:

Within 14 days from the receipt of an adequate and valid application for replacement of a license, the licensing authority shall issue a new license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

Section 6. ISSUANCE OF LICENSES TO USE FREQUENCY BANDS VIA AUCTION OF RIGHT TO USE RADIO FREQUENCIES

Article 17. Auction plan

1. The MIC’s Minister shall consider approving the auction plan and organize the auction according to the approved plan.

2. The auction plan shall, inter alia, include the following:

a) A commitment to run telecommunications network which is made with the aim of ensuring the conformity of telecommunications development with the national development planning and harmony of interests between the State, people and enterprises;

b) Information and conditions for use of frequency bands, validity period of the license to use frequency bands;

c) Starting price, bid increment and refundable deposit;

d) Form and method of auction;

dd) Dealing with certain cases in auction (if any).

3. The auction plan must be publicly posted on the web portal of the MIC within 05 working days after the plan has been approved and shall only be valid for one auction.

4. Dealing with cases where there’s only one registration form for participation in the auction, or one bidder, or one bid:

a) In case of a re-auction for frequency band units which is conducted after an unsuccessful auction where, upon the expiration of the registration period, only one organization has registered for participation in the auction, or where only one organization actually participates in or offers bids at the auction, or where there is only one organization whose bid is the highest bid and is not lower than the starting price, this organization shall be the auction winner. The sale of frequency band units to the organization prescribed in this Clause must be specified in the auction plan which has been approved by the MIC’s Minister;

b) The auction process prescribed in Point a of this Clause shall only conducted after all procedures for auction have been completed in accordance with provisions of the Law on Property Auction, its guiding documents and this Decree without any complaints concerning these procedures made by the date of the auction;

c) Within 03 working days upon the end of the auction prescribed in Point a of this Clause, the auction house or the auction council shall send a report on the auction process and the auction record to the MIC. In addition to primary contents prescribed by the Law on Property Auction, the auction record made in this case must clearly indicate the fact that only one organization has registered for participation in the auction, or only one organization actually participates in or offers bids at the auction, or there is only one organization whose bid is the highest bid and is not lower than the starting price;

d) The auction result shall be approved and made available in accordance with the provisions of Article 22 of this Decree.

Article 18. Starting price

The starting price of the frequency band unit shall be determined adopting the following formula:

GKD = MTCS_MHz x Bw x T

where:

GKD is the starting price, expressed in VND;

MTCS_MHz is the base fee which is determined in accordance with provisions of this Decree and expressed as VND/MHz/year;

Bw is the width of the frequency band unit for which the starting price is to be determined, expressed as MHz (Megahertz);

T is the length of time during which the use of frequency band is licensed, expressed as “year(s)”.

Article 19. Verification of eligibility to participate in auction

1. Verification of eligibility to participate in auction means the process of examination and assessment of documents to determine whether or not an organization meets the eligibility requirements laid down in Clause 2 of this Article.

2. To establish its eligibility, an organization must:

a) meet the requirements laid down in Points a and c Clause 1 Article 18a of the Law on Radio Frequencies as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies;

b) meet the following requirements for obtaining a license to establish telecommunications network using the frequency bands licensed through auction:

b1) meet the requirements for issuance or revision of license to establish telecommunications network in accordance with regulations of law on telecommunications;

b2) have a business plan and technical plan to use the frequency bands licensed through auction which must cover all telecommunications activities indicated in the license to provide telecommunications services and be conformable with the commitment to run telecommunications network using the frequency bands licensed through auction;

b3) have a commitment to fulfill conditions for running telecommunications network using the frequency bands licensed through auction.

3. Within 30 days from the day on which the auction plan is published by the MIC, each organization that wishes to participate in the auction shall submit an application for certification of its eligibility to the MIC (via the Vietnam Telecommunications Authority) via the online public service system or by post or directly. Applications submitted after the expiration of this time limit shall be rejected.

4. An application for certification of eligibility to participate in auction submitted by an organization that has been issued with a license to provide telecommunications services includes:

a) An application form made using Form 01 in Appendix V enclosed herewith;

b) An application for issuance of license to provide telecommunications services using the frequency bands licensed through auction in accordance with regulations of law on telecommunications; or application for revision of license to establish public telecommunications network or license to provide telecommunications services using frequency bands due to changes in demand for use of licensed telecommunications resources, including:

b1) An application form for revision of license to provide telecommunications services as prescribed by law on telecommunications;

b2) A report on performance of licensed activities from the licensing date to the date of submission of application for revision of the license as prescribed by law on telecommunications;

b3) Business plan and technical plan which must be appropriate for changes in telecommunications resources in accordance with regulations of law on telecommunications;

c) A commitment to run telecommunications network after winning the auction which is made using the relevant form in Appendix IV enclosed herewith;

d) A commitment that, if winning the auction, the bid is appropriate for the business plan and technical plan which are qualified for issuance or revision of license to provide telecommunications services using the frequency bands licensed through auction in accordance with regulations of law on telecommunications, which is made using Form 02 in Appendix V enclosed herewith;

dd) A commitment to meet the requirements laid down in Point a Clause 1 Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies.

5. An application for certification of eligibility to participate in auction submitted by an organization that has not been issued with a license to provide telecommunications services includes:

a) An application form made using Form 01 in Appendix V enclosed herewith;

b) An application for issuance of license to establish public telecommunications network or license to provide telecommunications services using frequency bands in accordance with regulations of law on telecommunications;

c) A commitment to run telecommunications network after winning the auction which is made using the relevant form in Appendix IV enclosed herewith;

d) A commitment that, if winning the auction, the bid is appropriate for the business plan and technical plan which are qualified for issuance or revision of license to provide telecommunications services using the frequency bands licensed through auction in accordance with regulations of law on telecommunications, which is made using Form 02 in Appendix V enclosed herewith;

dd) A commitment to meet the requirements laid down in Point a Clause 1 Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies.

6. The application for certification of eligibility to participate in auction and the application for issuance or revision of license to provide telecommunications services shall be processed at the same time in accordance with provisions of Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies, and the requirements laid down in Point b Clause 2 of this Article.

7. Time limit and procedures for processing an application:

a) In case of an invalid application, within 01 day from the receipt of the application, the MIC (Vietnam Telecommunications Authority) shall request the applicant in writing to modify its application.  Within 04 days from its receipt of the written request for modification, the applicant shall modify and submit a complete application as prescribed. If the application is still invalid, the MIC (Vietnam Telecommunications Authority) shall give a written notice indicating its refusal to issue certificate of eligibility;

b) Within 15 days from its receipt of a valid application, the MIC shall consider issuing a certificate of eligibility to participate in auction using Form 03 in Appendix V enclosed herewith;

c) If an application fails to meet the requirements laid down in Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies, the MIC shall give a written notice indicating its refusal to issue certificate and reasons therefor.

Article 20. Application for participation in auction

An application for participation in auction shall, inter alia, include the following:

1. A registration form for participation in auction.

2. Description of the frequency band unit bid on.

3. An original or lawful copy of certificate of eligibility to participate in auction issued by the MIC’s Minister.

Article 21. Settlement of deposit

1. After winning the auction, the refundable deposit initially paid plus interests (if any) will be converted into non-refundable deposit to secure the full payment of winning bid.

The non-refundable deposit shall not be returned to the organization that fails to fully pay fees for grant of right to use radio frequencies after winning the auction as prescribed in Clause 1 Article 53 of this Decree but shall be paid to state budget.

2. Within 03 working days upon the end of the auction, the auction house shall pay the non-refundable deposit paid by the auction winner and interests thereon (if any) to the account, opened at the State Treasury, of the MIC or an organization tasked with collecting fees for grant of right to use radio frequencies by the MIC in accordance with regulations of law on state budget.

Article 22. Approval of auction result

1. Within 15 days from the receipt of the list of auction winners from the auction house or auction council, the MIC’s Minister shall issue a decision on approval of auction result which shall be sent to the auction winner.

The decision on approval of auction result shall include the following information: details of the auction winner, the frequency band unit sold to the auction winner, licensed duration, winning bid, method for payment of fees for grant of right to use radio frequencies, and responsibility of the auction winner to pay fees for grant of right to use radio frequencies in full and on schedule in order to be issued with a license to provide telecommunications services/license to use frequency band.

2. Upon the end of the auction, the MIC shall publish information on the auction on its web portal.

Article 23. Issuance of licenses to use frequency bands and licenses to provide telecommunications services

1. Within 03 working days from the issue date of decision on approval of auction result, the MIC (licensing authority or Vietnam Telecommunications Authority) shall notify the auction winner of the fees for grant of right to use radio frequencies, frequency fees/charges, fees/charges for issuance of license to provide telecommunications services or fees for grant of telecommunications rights payable in order to be issued with license to provide telecommunications services and license to use frequency band.

2. Within 15 days from the day on which the auction winner has fully paid the amounts specified in Clause 1 of this Article, the auction winner shall be issued with the license to provide telecommunications services and the license to use frequency band.

3. If the auction winner fails to pay the amounts specified in Clause 1 of this Article in full and on schedule, it shall be ineligible for the license to provide telecommunications services and the license to use frequency band. The MIC shall invalidate the decision on approval of auction result in respect of this organization.

Section 7. ISSUANCE OF LICENSES TO USE FREQUENCY BANDS THROUGH FORMAL SELECTION

Article 24. Formal selection plan

1. Pursuant to the Prime Minister’s Decision on frequency bands to be licensed for use through formal selection, the MIC’s Minister shall consider approving and organizing the implementation of the formal selection plan. The formal selection plan shall, inter alia, include the following:

a) Information and conditions for use of frequency bands, validity period of the license to use frequency bands;

b) Minimum requirements regarding commitment to run telecommunications network which is made with the aim of ensuring the conformity of telecommunications development with the national development planning and harmony of interests between the State, people and enterprises;

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

d) Eligibility of candidates;

dd) Evaluation criteria, scoring rule and scale;

e) Methods for determining successful candidate and actions in case of applications scored equal points;

g) A commitment to run telecommunications network;

h) Location and method for application submission;

i) Time and place for opening applications.

2. The formal selection plan must be publicly posted on the web portal of the MIC within 05 working days after the plan has been approved and shall only be valid for one formal selection.

Article 25. Evaluation council

1. The MIC’s Minister shall establish an evaluation council in charge of scoring applications.

2. The evaluation council is comprised of at least 05 persons, including 01 chairperson and compulsory members who are officials of the MIC's affiliated units tasked with managing telecommunications activities, radio frequencies and financial issues, and other members (where necessary).

Article 26. Applications for formal selection

1. Within 60 days from the day on which the formal selection plan is published by the MIC, organizations that wish to participate in the formal selection shall submit their applications to the MIC (via the Vietnam Telecommunications Authority) by post or directly. Applications submitted after the expiration of this time limit shall be rejected.

2. An application submitted by an organization that has been licensed to provide telecommunications services using frequency bands includes:

a) An application form made using Form 04 in Appendix V enclosed herewith;

b) An application for issuance of license to provide telecommunications services using the frequency bands licensed through formal selection in accordance with regulations of law on telecommunications; or an application for revision of license to establish public telecommunications network or license to provide telecommunications services using frequency bands due to changes in demand for use of licensed telecommunications resources, including:

b1) An application form for revision of license to provide telecommunications services as prescribed by law on telecommunications;

b2) A report on performance of licensed activities from the licensing date to the date of submission of application for revision of the license as prescribed by law on telecommunications;

b3) Revised business plan and technical plan which must be appropriate for changes in telecommunications resources in accordance with regulations of law on telecommunications;

c) A commitment to run telecommunications network after selected which is made using the relevant form in Appendix IV enclosed herewith;

d) A commitment to meet the requirements laid down in Point a Clause 1 Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies;

dd) Other documents as required in the formal selection plan.

3. An application submitted by an organization other than that specified in Clause 2 of this Article includes: 

a) An application form made using Form 04 in Appendix V enclosed herewith;

b) An application for issuance of license to establish public telecommunications network or license to provide telecommunications services using frequency bands as prescribed by law on telecommunications;

c) A commitment to run telecommunications network after selected which is made using the relevant form in Appendix IV enclosed herewith;

d) A commitment to meet the requirements laid down in Point a Clause 1 Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies;

dd) Other documents as required in the formal selection plan.

4. 02 sets of original application documents, accompanied with their electronic copies in a storage device, shall be prepared, packaged and sealed according to the requirements laid down in the formal selection plan.

5. Candidates shall not be allowed to modify their applications after the expiration of the time limit for application submission.

Article 27. Opening applications 

1. The MIC shall organize the opening of applications at the location, date and time specified in the formal selection plan.

2. Candidates shall appoint their representatives to attend the opening of applications. The opening of applications shall be conducted at the prescribed time irrespective of whether any candidate’s representative is present or not.

3. Opening process:

a) Introduce participants;

b) Notify the number of received applications and names of candidates;

c) Check the seals of received applications;

d) Open applications in turn and write the following information in the application opening record, including: name of enterprise, number of sets of original application documents and their electronic copies in storage device;

dd) Ratify the application opening record;

e) Representatives of candidates and of the MIC sign the application opening record. Copies of the application opening record shall be sent to candidates;

g) After opening applications, the representative of the MIC shall sign all original documents included in each opened application and seal 01 set of original documents thereof. The sealing paper must bear signatures of representatives of the MIC and of candidates who are present at the opening session.

4. Determination of eligible candidates and scoring shall be made on copies of applications. Sets of original application documents shall be managed and retained by the MIC after the formal selection result has been published.

Article 28. Determination of eligible candidates

1. Within 15 days after the opening of applications, the MIC shall consider approving the list of eligible candidates. The MIC shall send a written notice indicating reasons for ineligibility to each of ineligible candidates. Applications of ineligible candidates shall not be scored.

2. A candidate shall be considered as eligible candidate if it meets:

a) the requirements laid down in Points a and c Clause 1 Article 18a of the Law on Radio Frequencies as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies; and

b) the following requirements for obtaining a license to establish telecommunications network using the frequency bands licensed through formal selection:

b1) it meets the requirements for issuance or revision of license to provide telecommunications services as prescribed by law on telecommunications;

b2) it has business plan and technical plan to use the frequency bands licensed through formal selection which must cover all telecommunications activities indicated in the license to provide telecommunications services and be conformable with the commitment to run telecommunications network using the frequency bands licensed through formal selection;

b3) it has a commitment to fulfill conditions for running telecommunications network using the frequency bands licensed through formal selection.

3. Determination of eligibility of a candidate and processing of its application for issuance or revision of license to provide telecommunications services shall be made at the same time in accordance with the provisions of Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies, and the requirements laid down in Clause 2 of this Article.

Article 29. Scoring of applications and determination of successful candidate

1. Within 30 days from the day on which the list of eligible candidates is approved by the MIC, the evaluation council shall organize the scoring of applications and submit a report on scoring result to the MIC.

2. Scoring criteria, scale and rule are specified in the formal selection plan.

3. The MIC shall determine the successful candidate in accordance with the formal selection plan.

Article 30. Approval of formal selection result and issuance of licenses to use frequency bands and licenses to provide telecommunications services

1. Within 15 days from the receipt of the report on scoring result from the evaluation council, the MIC’s Minister shall issue a decision on approval of formal selection result.

The decision on approval of formal selection result shall indicate information on the successful candidate, the frequency band unit sold to the successful candidate, licensed duration, fees for grant of right to use radio frequencies and payment method, and responsibility of the successful candidate to pay fees for grant of right to use radio frequencies in full and on schedule in order to be issued with a license to provide telecommunications services/license to use frequency bands.

2. Upon the end of the formal selection, the MIC shall publish information on the formal selection on its web portal.

3. Within 03 working days from the issue date of decision on approval of formal selection result, the MIC (licensing authority or Vietnam Telecommunications Authority) shall notify the successful candidate of the fees for grant of right to use radio frequencies, frequency fees/charges, fees/charges for issuance of license to provide telecommunications services or fees for grant of telecommunications rights payable in order to be issued with license to provide telecommunications services and license to use frequency bands.

4. Within 20 days from the expiration of the time limit for payment of fees for grant of right to use radio frequencies specified in Point a Clause 3 Article 54 of this Decree, the organization that has paid the amounts specified in Clause 3 of this Article in full shall be issued with the license to provide telecommunications services and license to use frequency bands.

Article 31. Invalidation of formal selection results

The MIC’s Minister shall invalidate the decision on approval of formal selection result in respect of a successful candidate in the following cases:

1. There is convincing evidence of corrupt, collusive or fraudulent practice, or abuse of position or powers to illegally interfere in the formal selection process. 

2. The successful candidate fails to pay the amounts specified in Clause 3 Article 30 of this Decree in full and on schedule.

Section 8. DIRECT ISSUANCE OF LICENSES TO USE FREQUENCY BANDS

Article 32. Application and procedures for direct issuance of licenses to use frequency bands

1. An application for direct issuance of license to use frequency bands includes:

a) An application form made using Form 2 in Appendix II enclosed herewith;

b) Lawful copy or lawful electronic copy of the Prime Minister’s decision on approval of the scheme for use of frequency bands for economic development associated with performance of national defense and security tasks in case of application for license as prescribed in Point d Clause 4 Article 18 of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies.

2. Procedures for direct issuance of license to use frequency bands

a) An application for direct issuance of license to use frequency bands shall be submitted to the licensing authority;

b) The licensing authority shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application. The applicant shall modify and submit a complete application within 05 working days from its receipt of the written request;

c) Within 55 working days from the receipt of an adequate and valid application, the licensing authority shall issue a license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

Article 33. Application and procedures for direct re-issuance of licenses to use frequency bands

1. In order to obtain a license to provide telecommunications services using re-licensed frequency bands, an organization must:

a) meet the requirements for issuance or revision of license to provide telecommunications services as prescribed by law on telecommunications;

b) have business plan and technical plan to use the re-licensed frequency bands which must cover all telecommunications activities indicated in the license to provide telecommunications services and be conformable with the commitment to run telecommunications network using the re-licensed frequency bands;

c) have a commitment to fulfill conditions for running telecommunications network using the re-licensed frequency bands.

2. At least 12 months before the expiration of the license to use frequency bands, the MIC shall notify the validity period of the license to use frequency bands to be re-issued and requirements regarding the commitment to run telecommunications network using the re-licensed frequency bands.

Contents of the commitment to run telecommunications network must meet telecommunications development requirements set forth for each period under the national development planning and ensure harmony of interests between the State, people and enterprises. If the commitment to run telecommunications network using the re-licensed frequency bands requires termination of application of existing technology, the license holder shall be allowed to continue applying its existing technology for a minimum duration of 03 years from the effective date of the re-issued license to use frequency bands.

3. Within 30 days before the date on which the license is still valid for another 06 months, the organization that wishes to be re-licensed to use frequency bands shall submit 02 sets of application documents to competent authorities as follows:

a) 01 set of application documents shall be submitted to the licensing authority, including: Declaration made using Form 2 in Appendix II enclosed herewith;

b) 01 set of application documents shall be submitted to the MIC (via Vietnam Telecommunications Authority), including: application documents for license to provide telecommunications services using re-licensed frequency bands as prescribed in Clause 4 of this Article.

4. An application for license to provide telecommunications services using re-licensed frequency bands includes:

a) An application submitted by an organization that has been licensed to provide telecommunications services includes:

a1) An application for revision of license to establish public telecommunications network or license to provide telecommunications services using frequency bands due to changes in demand for use of licensed telecommunications resources, including:

An application form for revision of license to provide telecommunications services as prescribed by law on telecommunications;

A report on performance of licensed activities from the licensing date to the date of submission of application for revision of the license as prescribed by law on telecommunications;

Revised business plan and technical plan which must be appropriate for changes in telecommunications resources in accordance with regulations of law on telecommunications;

a2) A commitment to run telecommunications network made using the relevant form in Appendix IV enclosed herewith;

b) An application submitted by an organization other than that specified in Point a of this Clause includes: 

b1) An application for issuance of license to establish public telecommunications network or license to provide telecommunications services using frequency bands as prescribed by law on telecommunications;

b2) A commitment to run telecommunications network made using the relevant form in Appendix IV enclosed herewith.

5. Application processing time limit:

a) In case of an invalid application, within 05 day from the receipt of the application, the MIC (licensing authority or Vietnam Telecommunications Authority) shall request the applicant in writing to modify its application.  Within 05 working days upon its receipt of the written request, the applicant shall modify and submit a complete application as prescribed;

b) At least 90 days before the expiration of the license to use frequency bands, the MIC shall notify the applicant of its eligibility for re-issuance of license. If an applicant is considered ineligible for re-issuance of the license, reasons for ineligibility shall be given in writing. The MIC (licensing authority or Vietnam Telecommunications Authority) shall notify the eligible applicant of the fees for grant of right to use radio frequencies, frequency fees/charges, fees/charges for issuance of license to provide telecommunications services or fees for grant of telecommunications rights payable in order to be issued with license to provide telecommunications services and license to use frequency bands;

c) At least 30 days before the expiration of the license to use frequency bands, the applicant that has fully paid the amounts specified in Point b of this Clause shall be issued with the license to provide telecommunications services and license to use frequency bands.

Section 9. REPLACEMENT, EXTENSION OR REVISION OF LICENSES TO USE FREQUENCY BANDS

Article 34. Application and procedures for replacement or revision of licenses to use frequency bands

1. An application for replacement of license to use frequency bands includes:

An application form made using Form 2 in Appendix II enclosed herewith.

2. An application for revision of license to use frequency bands includes:

An application form made using Form 2 in Appendix II enclosed herewith.

Lawful copy or lawful electronic copy of the Prime Minister’s decision on approval of amendments to the Scheme for use of frequency bands for economic development associated with performance of national defense and security tasks in case of application for revision of the issued license as prescribed in Point d Clause 4 Article 18 of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies (if that Scheme is amended).

3. Procedures for replacement or revision of licenses to use frequency bands

a) An application, which contains adequate documents as required, for replacement or revision of license to use frequency bands is submitted to the licensing authority;

b) The licensing authority shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application. The applicant shall modify and submit a complete application within 05 working days from its receipt of the written request;

c) Within 14 working days, in case of replacement, or within 55 days, in case of revision, from the receipt of an adequate and valid application, the licensing authority shall issue a license using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

Article 35. Application and procedures for extension of licenses to use frequency bands

1. An application for extension of license to use frequency bands includes:

a) An application form made using Form 2 in Appendix II enclosed herewith;

b) Lawful copy or lawful electronic copy of the Prime Minister’s decision on approval of extension of the scheme for use of frequency bands for economic development associated with performance of national defense and security tasks in case of application for extension of the issued license as prescribed in Point d Clause 4 Article 18 of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies.

2. Procedures for extension of licenses to use frequency bands

a) In case of an invalid application, within 05 day from the receipt of the application, the licensing authority shall request the applicant in writing to modify its application.  Within 05 working days upon its receipt of the written request, the applicant shall modify and submit a complete application as prescribed;

b) At least 45 days before the expiration of the license, the licensing authority shall notify the eligible applicant of fees for grant of right to use radio frequencies and frequency fees/charges payable. If an applicant is ineligible to have its license extended, reasons for ineligibility must be given;

c) The applicant that has fully paid the amount specified in Point b of this Clause before the expiration of its license shall have its license extended using the relevant form in Appendix II enclosed herewith.

Section 10. FORMULATION AND APPROVAL OF SCHEME FOR USE OF FREQUENCY BANDS FOR ECONOMIC DEVELOPMENT ASSOCIATED WITH PERFORMANCE OF NATIONAL DEFENSE AND SECURITY TASKS

Article 36. Scheme for use of frequency bands for economic development associated with performance of national defense and security tasks

1. The Scheme for use of frequency bands for economic development associated with performance of national defense and security tasks shall, inter alia, have the following contents:

a) Necessity, purposes and requirements of the Scheme;

b) Specific national defense and security tasks to be assigned to state-owned enterprises in charge of national defense and security tasks as prescribed by the Law on enterprises; necessity of the use of public land telecommunications network for performance of national defense and security tasks;

c) Technical design of the public land telecommunications network, plan to operate the network and plan to use radio frequencies which must ensure that the number of radio frequencies used for national defense and security tasks accounts for at least 51% of total number of radio frequencies to be licensed;

d) Business, operating and financial plans, organizational structure and personnel;

dd) Plan to perform national defense and security tasks;

e) Plan to ensure cybersecurity, information security and protection of state secrets;

g) Plans for fire prevention and firefighting, disaster recovery and stable and uninterrupted operation;

2. The MIC, the Ministry of National Defence of Vietnam (in case the Ministry of Public Security of Vietnam is the presiding body of the Scheme) or the Ministry of Public Security of Vietnam (in case the Ministry of National Defence of Vietnam is the presiding body of the Scheme) shall, within the ambit of their assigned functions and tasks, give their opinions about the Scheme before it is submitted to the Prime Minister of Vietnam for approval.

3. The presiding body of the Scheme shall consolidate, explain and accept opinions, complete and submit the Scheme to the Prime Minister of Vietnam for approval.

4. During the implementation of the Scheme, if the number of radio frequencies used for national defense and security tasks approved by the Prime Minister of Vietnam needs to be changed, the presiding body of the Scheme shall be required to obtain an approval of such changes from the Prime Minister of Vietnam, provided that the minimum ratio of radio frequencies used for national defense and security tasks to total number of radio frequencies specified in Point c Clause 1 of this Article must be ensured.

Article 37. Assessment of implementation of Scheme for use of frequency bands for economic development associated with performance of national defense and security tasks

1. At least 03 months before the expiration of the license, the Ministry of National Defence of Vietnam, the Ministry of Public Security of Vietnam shall organize assessment of efficiency in use of licensed frequency bands, and submit a report on assessment result to the Prime Minister of Vietnam for deciding to suspend or continue implementation of the Scheme. Assessment contents include:

a) Performance of tasks of ensuring national security, social order and safety on the frequency bands licensed under the Scheme;

b) Performance of feasible technical plan and business plan under the Scheme;

c) Measures to ensure the safety of telecommunications infrastructure and cybersecurity;

d) Implementation of financial, organizational structure and personnel plans under the Scheme;

dd) Orientations, primary tasks for implementing the Scheme and recommendations to the Prime Minister of Vietnam.

2. In case the Prime Minister of Vietnam decides to continue implementing the Scheme, the relevant enterprise shall submit an application for extension of license to use frequency bands as prescribed in Clause 1 Article 35 of this Decree.

Section 11. REVOCATION OF LICENSES TO USE RADIO FREQUENCIES

Article 38. Revocation of licenses to use radio frequencies

1. The basis for revoking licenses to use radio frequencies shall comply with Clause 1 Article 23 of the Law on Radio Frequencies, as amended in Clause 10 Article 1 of the Law on amendments to the Law on Radio Frequencies, including:

a) A decision issued by a court or competent authority in the cases specified in Points a and b Clause 1 Article 23 of the Law on Radio Frequencies;

b) Radio frequency inspection conclusion or a court’s decision in the cases specified in Points c and d Clause 1 Article 23 of the Law on Radio Frequencies, Points e and h Clause 1 Article 23 of the Law on Radio Frequencies, as amended in Point a Clause 10 Article 1 of the Law on amendments to the Law on Radio Frequencies;

c) Certification given by the collector of frequency fees/fees for grant of right to use radio frequencies in the case specified in Point dd Clause 1 Article 23 of the Law on Radio Frequencies, as amended in Point a Clause 10 Article 1 of the Law on amendments to the Law on Radio Frequencies;

d) Decision to revoke telecommunications license, news agency permit or the right to broadcast radio or television programs in the case specified in Point g Clause 1 Article 23 of the Law on Radio Frequencies, as amended in Point a Clause 10 Article 1 of the Law on amendments to the Law on Radio Frequencies.

2. Authority to revoke licenses: licensing authorities shall revoke licenses they issued on the basis specified in Clause 1 of this Article.

3. Procedures for revoking licenses:

a) Within 30 days from the day on which the basis for license revocation is established as prescribed in Clause 1 of this Article, the competent authority shall issue a decision to revoke license to use radio frequencies;

b) The competent authority that revokes the license to use radio frequencies shall send its revocation decision to the entity whose license is revoked and publish it on the web portal of the licensing authority.

4. The entity whose license is revoked shall return the original license to use radio frequencies (if any) within 15 days from its receipt of the revocation decision from the licensing authority.

5. Where the revocation of the license to use radio frequencies leads to the corresponding revocation of license to provide telecommunications services, the termination date of validity of the license specified in the revocation decision must be determined in accordance with regulations of law on telecommunications.

Section 12. PARTIAL SUSPENSION OF RIGHT TO USE RADIO FREQUENCIES

Article 39. Assessment of fulfillment of commitment to run telecommunications network

1. Upon the end of each period of the commitment to run telecommunications network, the MIC shall draw up a plan to assess the commitment fulfillment and organize the implementation of that plan.

The plan to assess the fulfillment of commitment to run telecommunications network must be issued and sent to the entity subject to the assessment at least 03 months before the planned date of assessment.

2. The MIC’s Minister shall decide to establish an inspection team in charge of assessing the commitment fulfillment.  The plan to assess the fulfillment of commitment to run telecommunications network shall, inter alia, include the following contents:

a) The subject entity;

b) Planned date and period of assessment;

c) Methods for selecting assessment samples;

d) Methods for assessing and determining violating samples;

dd) Methods for assessing implementation of remedial actions against violations;

e) The plan implementation progress;

g) Other relevant contents.

Article 40. Partial suspension of right to use radio frequencies

1. The right to use radio frequencies granted to an organization shall be partially suspended in respect of frequency bands if it fails to fulfill any content of its commitment to run telecommunications network using such frequency bands as follows:

a) Total investment in the telecommunications network;

b) Number of transmitter stations to be operated;

c) Coverage area by population or by geographical area.

2. Based on the notice of results of inspection and determination of failure to fulfill the commitment to run telecommunications network, the Director of the Authority of Radio Frequency Management shall issue a decision to suspend the use of 50% of the licensed bandwidth for a period of 12 months. The number of radio frequencies to be suspended must be an integer and expressed as MHz.

Upon the end of the suspension period of 12 months, the competent authority shall consider assessing the results of implementation of remedial actions against violations as the basis for nullifying the suspension decision or issuing a decision to revoke the license as prescribed in Article 38 of this Decree.

3. If the license holder has implemented remedial actions against the violations regarding the commitment to run telecommunications network before the end of the 12-month suspension period, it shall give a written notice to the competent authority for considering nullification of suspension decision ahead of schedule.

4. Within 15 days from the receipt of the written notice from the license holder as prescribed in Clause 3 of this Article, the MIC shall organize the assessment of results of implementation of remedial actions against violations according to the plan issued according to Clause 2 Article 39 of this Decree.

Chapter III

LEASING OR LENDING OF RADIO DEVICES

Article 41. Provisions on leasing and lending of amateur radio stations and radio devices on means of transport

1. Owners of seagoing ships, inland waterway ships, fishing vehicles and other vehicles equipped with radio devices (except earth stations) shall be allowed to lease out or lend out their means of transport equipped with licensed radio devices.

Owners of amateur radio stations may lease out or lend out their licensed amateur radio stations to others.

2. Lessors/lenders and lessees/borrowers shall comply with the provisions of licenses to use radio frequencies and radio devices, regulations of law on radio frequencies and relevant laws.

3. Lessors/lenders shall examine and retain documents on the leasing/lending of their amateur radio stations or means of transport equipped with radio devices.

4. Lessors/lenders shall send written notices on their leasing or lending which are made using the form in Appendix VI enclosed herewith to the Authority of Radio Frequency Management (Regional Radio Frequency Centers in charge of their local areas) at least 05 working days before amateur radio stations or means of transport equipped with radio devices are transferred to lessees/borrowers.

Article 42. Use of amateur radio stations leased/borrowed from others

1. Operators may only use amateur radio stations leased or borrowed from others for carrying out communication activities within the scope of their amateur radio operator’s certificate and limited operation activities within the scope of the license to use such amateur radio stations.

2. When using an amateur radio station leased or borrowed from another, the amateur radio operator shall be required to use the call sign of that leased or borrowed station which must be followed by the operator’s call sign or name.

3. The lessor/lender of an amateur radio station must sufficiently write the journal and ensure that the lessee/borrower shall not operate in excess of the limits specified in the license to use that station.

Chapter IV

SHARED USE OF RADIO FREQUENCIES

Article 43. Cases where use of radio frequencies needs to be shared

In addition to the cases where the use of radio frequencies is required to be shared according to regulations of the ITU, users of radio frequencies and radio devices must share radio frequencies with other organizations/individuals under provisions of their licenses to use radio frequencies and radio devices in the following cases:

1. Private telecommunications networks using frequencies in the land mobile service, using integrated antennas and having a radiated power of not exceeding 10W (watts) (except radio communication networks whose use of radio frequencies and radio devices is dangerous to human life and safety; internal radio communication networks).

2. Radio stations communicating with fishing vehicles.

3. Coast stations (without providing telecommunications services).

Article 44. Provisions on use of shared radio frequencies

1. The principle that conversations only serve duties and proper entities for the purposes indicated in licenses shall be adhered to.

2. Before making any calls, the radio frequency channel on which the call will be made must be determined to be free without any users, unless such calls are related to emergency or human life safety.

3. Call signs specified in licenses to use radio frequencies and radio devices shall be used at the beginning and ending of each call.

4. The communication duration of each conversation must be short and not exceed 05 minutes.

5. It is recommended that encryption or other technical measures should be used to ensure confidentiality of information.

Chapter V

TRANSFER OF RIGHT TO USE RADIO FREQUENCIES

Article 45. Transfer procedures

1. The organization that wishes to receive transfer of the right to use radio frequencies shall send an application to the MIC (Vietnam Telecommunications Authority) via online public service system or by post or directly.

2. An application for approval to receive transfer submitted by an organization that has been issued with a license to provide telecommunications services using frequency bands includes:

a) An application form bearing the seal and signature of the transferor’s legal representative;

b) The written agreement between the transferor and the transferee on ensuring legitimate rights and interests of organizations and individuals that may be affected by this transfer;

c) The transferee’s commitment to inherit all obligations from the transferor;

d) Reports on the transferor’s provision of licensed telecommunications services and fulfillment of commitment to run telecommunications services after winning the auction;

dd) An application for revision of license to provide telecommunications services using frequency bands of the transferee;

e) An application for revision of license to provide telecommunications services or written request for revocation of license to provide telecommunications services of the transferor.

3. An application for approval to receive transfer submitted by an organization other than that specified in Clause 2 of this Article includes:

a) An application form bearing the seal and signature of the transferor’s legal representative;

b) The written agreement between the transferor and the transferee on ensuring legitimate rights and interests of organizations and individuals that may be affected by this transfer;

c) The transferee’s commitment to inherit all obligations from the transferor;

d) An application for issuance of license to provide telecommunications services using frequency bands of the transferee as prescribed by law on telecommunications;

dd) Reports on the transferor’s provision of licensed telecommunications services and fulfillment of commitment to run telecommunications services after winning the auction;

e) An application for revision of license to provide telecommunications services or written request for revocation of license to provide telecommunications services of the transferor as prescribed by law on telecommunications.

4. Time limit and procedures for processing an application:

a) In case of an invalid application, within 05 working days from the receipt of the application, the MIC (Vietnam Telecommunications Authority) shall request the applicant to modify its application;

b) Within 45 days from its receipt of a valid application, the MIC shall consider issuing a decision to approve the transfer of right to use radio frequencies or give reasons for its refusal to do so.

5. Issuance of telecommunications license after transfer:

The license to provide telecommunications services of the transferor shall be revised or revoked. The transferee shall be issued with a new license to provide telecommunications services or have its current license revised.

6. Issuance of license to use frequency bands after transfer:

a) An application for issuance of license to use frequency bands includes: An application form made using Form 2 in Appendix II enclosed herewith;

b) An application for issuance of license to use frequency bands shall be submitted to the licensing authority.

The licensing authority shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application.

Within 05 working days from the receipt of an adequate and valid application, the licensing authority shall issue a license to use frequency bands using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.

7. The license to provide telecommunications services and the license to use frequency bands issued to the transferee shall remain valid until the expiration date specified in the license to provide telecommunications services and the license to use frequency bands issued to the transferor.

Article 46. Responsibilities of transferor

An organization that transfers the right to use radio frequencies shall:

1. Ensure legitimate rights and interests of organizations and individuals that may be affected by the transfer.

2. Fulfill financial obligations arising from the transfer of right to use radio frequencies as prescribed by law.

3. Fully pay fees for grant of right to use radio frequencies and frequency fees/charges.

Article 47. Responsibilities of transferee

An organization that receives transfer of the right to use radio frequencies shall:

1. Perform rights and responsibilities received from the transfer transaction and not transfer the received right to use radio frequencies to any other organization.

2. Fulfill commitment to run telecommunications network made by the transferor to be issued with license to use frequency bands; meet conditions for license to provide telecommunications services, rights and obligations under the license of the transferor.

3. Fulfill financial obligations arising from the transfer of right to use radio frequencies as prescribed by law.

4. Comply with regulations of laws on telecommunications and radio frequencies.

5. Pay frequency and telecommunications fees/charges in full and on schedule as prescribed by laws on radio frequencies and telecommunications.

Chapter VI

FEES FOR GRANT OF RIGHT TO USE RADIO FREQUENCIES

Article 48. Determination of base fees using fees for grant of right to use radio frequencies for frequency bands of same type of Vietnam

1. Within the last 12 months prior to the date of base fee determination, Vietnam has issued a license to use frequency band of the same type with the frequency band for which the base fee needs to be determined through re-issuance or extension of the license or auction of right to use radio frequencies, the base fee shall be determined according to Clause 2 of this Article.

2. The base fee shall be the highest amount of fee for grant of right to use radio frequencies (for 01 MHz (Megahertz) per year) for the frequency band of the same type which the license to use is re-issued, extended or issued through auction within the last 12 months prior to the date of the base fee determination, and expressed as VND/MHz/year.

Article 49. Determination of base fees using information on winning bids in auctions for right to use frequency bands of other countries and territories

Where the base fee cannot be determined adopting the method prescribed in Article 48 of this Decree, it shall be determined adopting the method prescribed in this Article.

1. The base fee is the average of amounts converted from winning bids in auctions of valid samples, and calculated adopting the following formula:

where:

MTCS_MHz is the fee base for 01 MHz (Megahertz) per year, expressed as VND/MHz/year;

N is the number of valid samples determined according to Clauses 4, 5 and 6 of this Article;

GQD_i is the amount converted from the winning bid in the auction in a country or territory to VND, corresponding to the sample i, expressed as VND/MHz/year, and determined according to Clause 2 of this Article.

2. Amount converted from the winning bid in the auction in another country or territory to VND (GQD) is determined adopting the following formula:

DS_vn is the population of Vietnam released before the date of base fee determination, expressed as “persons”;

TG_vn is the buying rate for USD to VND in the form of bank transfer quoted by the operations center of Vietcombank (Joint Stock Commercial Bank for Foreign Trade of Vietnam) before the date of base fee determination.

M is total winning bid for the entire duration of use of frequency band, determined according to Clause 3 of this Article;

BT is total bandwidth corresponding to total winning bid M, expressed as MHz (Megahertz);

DS is the population of the country or territory released before the auction result is published, expressed as “persons”;

GP is the length of time during which the use of frequency band is licensed, expressed as “year(s)”;

CPI_T is the consumer price index (CPI) of the country or territory released before the date of base fee determination;

CPI_D is the CPI of the country or territory released before the auction result is published;

GDP_vn is the gross domestic product per capita (GDP/capita) of Vietnam, released before the date of base fee determination, expressed as USD; 

GDP is the GDP/capita of the country or territory released before the auction result is published, expressed as USD;

TG is the exchange rate from the currency used in the auction of the country or territory to USD quoted before the date of base fee determination (TG =1 if the currency used in the auction is USD).

3. Total winning bid M specified in Clause 2 of this Article shall be determined as follows:

a) If total winning bid in an auction in a country or territory is determined for the entire duration of use of the frequency band and shall be paid either in lump sum or multiple payments or combination thereof (where interest or additional amounts shall be charged on late payment), M shall be the published total winning bid for the entire duration of use of the frequency band;

b) If total winning bid in an auction in a country or territory is determined for the entire duration of use of the frequency band and shall be paid in multiple payments (without interest or additional amounts charged on late payment) or if the winning bid is only determined for one year and shall be paid in multiple payments (without interest or additional amounts charged on late payment), M shall be determined adopting the following formula:

where:

M is total winning bid in an auction in a country or territory converted into an actual value at the time of publishing the auction result, expressed in the currency used in that auction;

n is the number of payments of the winning bid;

M_i is the amount of payment i, expressed in the currency used in that auction;

r is the fixed rate of interest on government bond whose maturity date is closest to the deadline of the final payment of the winning bid, determined before the time of publishing the auction result, and expressed as percentage/year;

y_i is the length of time, expressed in year(s) and rounded down to the nearest integer, between the deadline of the payment i and the time of publishing the auction result.

4. Sampling rules

a) Only information on auctions in countries or territories which have been completed before the date of base fee determination shall be collected;

b) Information on each auction collected shall be considered as a sample;

c) Valid sample means a sample which is not removed under the method for removing heterogeneous samples prescribed in Appendix VII enclosed herewith;

d) Required number of samples: At least 04 samples are collected and there are at least 03 valid samples after removing heterogeneous samples;

dd) Samples of frequency bands of the same type with the subject frequency band shall be taken within duration of the last 07 years before the date of base fee determination which may be extended up to 10 years if the required number of samples cannot be taken in full. Where the number of samples required cannot be achieved, samples of similar frequency bands of the subject frequency band may be taken within duration of the last 07 years before the date of base fee determination which may be extended up to 10 years in order to achieve the required number of samples.

If the required number of samples cannot be achieved after samples of both frequency bands of the same type and similar frequency bands have been collected within the last 10 years before the date of base fee determination, the method specified in this Article shall not apply to determination of the base fee.

Samples shall be also taken from auctions for frequency bands of the same type and/or similar frequency bands of the subject frequency band conducted in Vietnam within the prescribed sampling duration.

5. An auction result which is chosen as a sample for determining the base fee shall meet the following criteria:

a) The duration of use of the licensed frequency band shall be at least 10 years;

b) The auction for right to use frequency band is conducted nationwide; information on auctions by geographical areas shall not be collected.

6. Data collected from countries or territories for base fee determination must meet the following requirements:

a) Data on the winning bid, bandwidth and duration of use of the frequency band licensed through an auction in a country or territory shall be obtained through consultations with, or from sources announced by, competent authorities of that country or territory. Where there are multiple sources of data, the data obtained through consultations with competent authorities shall be used;

b) Consultation requirements:

If the list of countries or territories that have conducted auctions for the frequency band on which information needs to be collected can be obtained from the Global System for Mobile Communications Association (GSMA), request for consultation shall be sent to competent authorities of the listed countries or territories that have not yet published adequate information on the time of publishing auction result, winning bid, frequency band and licensed duration of use of frequency band. If the said list is not available, the request for consultation shall be sent to competent authorities of all countries or territories that have not yet published adequate information on the time of publishing auction result, winning bid, frequency band and licensed duration of use of frequency band.

Within 15 days from the date of the request, if no response is given, it shall mean that requested information is not available. Requests for consultation and responses shall be sent and received via email, by fax or post or in any another appropriate form;

c) Data on population and GDP/capita of countries or territories and of Vietnam shall be obtained from the website of World Bank. If data on population and GDP/capita of a country or territory is not available on World Bank, it can be obtained from competent authority of that country or territory;

d) Data on exchange rates between currencies used in auctions of countries or territories shall be obtained from financial market websites in the following order of priority; Bloomberg financial market website, X-rates financial market website or another financial market website specializing in providing exchange rates;

dd) CPI data of countries or territories shall be data on CPI Communication obtained from the website of the International Monetary Fund (IMF). If data on CPI Communication is not available, data on CPI all items shall be obtained. If CPI data of a country or territory is not available on IMF website, it can be obtained from a competent authority of that country or territory;

e) Data on interest rates on government bonds shall be obtained from relevant websites in the following order of priority: Trading Economics website, Investing, World Government Bonds or Refinitiv (LSEG). If the required information cannot be obtained from these websites, 0% rate shall apply.

Article 50. Determination of base fees in cases where neither of methods specified in Articles 48 and 49 can be adopted

If the base fee cannot be determined according to the methods specified in Articles 48 and 49 of this Decree, the MIC shall be entitled to employ domestic and international independent consultants to determine the base fee.

Article 51. Organization of base fee determination and authority to issue base fee decisions

1. The MIC’s Minister shall issue a decision on base fee determination; organize the implementation thereof and issue a base fee decision according to the method prescribed in Article 48, 49 or 50 of this Decree.

2. If the base fee is determined adopting the method prescribed in Article 49 of this Decree, the MIC’s Minister shall issue a base fee decision after obtaining results given by a qualified valuation organization. If the base fee is determined adopting the method prescribed in Article 50 of this Decree, the MIC’s Minister shall issue a base fee decision after obtaining results given by an independent consultant.

3. The base fee shall be valid for a maximum duration of 06 months from the effective date of the base fee decision issued by the MIC’s Minister until the date of notification of fees for grant of right to use radio frequencies, in case of direct issuance, re-issuance or extension of license, or until the date of opening the auction or applications for formal selection.

Article 52. Fees for grant of right to use radio frequencies

1. The fee for grant of right to use radio frequencies in case the license to use frequency bands is issued through auction for the right to use radio frequencies shall be the winning bid.

2. Except the case prescribed in Clause 3 of this Article, the fee for grant of right to use radio frequencies in case the license to use frequency bands is issued directly, extended, re-issued or issued through formal selection shall be determined adopting the following formula:

where:

M_T is the fee for grant of right to use radio frequencies for the entire use duration specified in the license to use frequency bands is issued through formal selection, issued directly, re-issued or extended, expressed as VND;

α = 1 applies in case of direct issuance, re-issuance or extension of license; α = 0,3 applies in case of formal selection;

MTCS_MHz is the base fee payable for the frequency band which the license to use is issued through formal selection, issued directly, re-issued or extended, decided according to Article 51 of this Decree, expressed as VND/MHz/year;

Bw is the width of the frequency band which the license to use is issued through formal selection, issued directly, re-issued or extended, expressed as MHz (Megahertz);

T is the entire use duration specified in the license to use frequency band which is issued through formal selection, issued directly, re-issued or extended, expressed as months.

3. The fee for grant of right to use radio frequencies in case the license to use frequency band is issued directly or extended according to an application submitted by a state-owned enterprise in charge of national defense and security tasks to serve economic development associated with performance of national defense and security tasks for the year n during the validity period of the license shall be determined adopting the following formula:

where:

M_n is the fee for grant of right to use radio frequencies for the year n, expressed as VND;

MTCS_MHz is the base fee of the licensed frequency band, expressed as VND/MHz/year. MTCS_MHz is decided according to Article 51 of this Decree and employed to calculation of annual fee for grant of right to use radio frequencies until the expiration date of the original or extended license;

Bw is total width of the licensed frequency band, expressed as MHz (Megahertz);

C_anqp is the ratio of radio frequencies used for national defense and security tasks to total number of radio frequencies to be licensed, determined according to the Scheme for use of frequency bands for economic development associated with performance of national defense and security tasks approved by the Prime Minister of Vietnam, expressed as percentage (%);

r is the nominal interest rate on the government bond whose maturity date is closest to the expiration date of the license to use frequency band, issued before the license to use radio frequencies is issued directly or extended, expressed as percentage/year; results of issuance of government bonds are obtained from the website of the State Treasury affiliated to the Ministry of Finance of Vietnam.

Article 53. Collecting fees for grant of right to use radio frequencies in case license to use frequency bands is issued through auction

The winner of an auction for right to use radio frequencies shall be required to pay the fee for grant of right to use radio frequencies according to the following provisions:

1. Within 03 months from the day on which the auction result is approved by the MIC, the auction winner shall make a lump sum payment of at least 50% of the fee for grant of right to use radio frequencies (if the license is valid for at least 30 months) or of the entire amount of the fee for grant of right to use radio frequencies (if the license is valid for less than 30 months).

2. Within 30 months from the day on which the auction result is approved by the MIC, the auction winner shall continue to make a lump sum payment of at least 50% of the remaining amount of the fee for grant of right to use radio frequencies (if the license is valid for at least 60 months) or of the entire remaining amount of the fee for grant of right to use radio frequencies (if the license is valid for less than 60 months), plus interests calculated according to Clause 4 of this Article.

3. Within 60 months from the day on which the auction result is approved by the MIC, the auction winner shall make a lump sum payment of the entire remaining amount of the fee for grant of right to use radio frequencies, plus interests calculated according to Clause 4 of this Article.

4. Interest on late payment of fee for grant of right to use radio frequencies prescribed in Clauses 2 and 3 of this Article shall be determined adopting the following formula:

 M_p is the interest, expressed as VND;

M_TN is the amount of fee for grant of right to use radio frequencies payable by the auction winner as prescribed in Clause 2 or 3 of this Article, exclusive of interests, expressed as VND;

t is the number of days commencing on the payment deadline prescribed in Clause 1 of this Article and ending on the day on which the auction winner makes full payment of the fee for grant of right to use radio frequencies as prescribed in Clause 2 or 3 of this Article;

r is the nominal interest rate on the government bond of 05-year term (otherwise, a term closest to this 05-year term), issued before the auction result is approved by the MIC, expressed as percentage/year; results of issuance of government bonds are obtained from the website of the State Treasury affiliated to the Ministry of Finance of Vietnam.

Article 54. Collecting fees for grant of right to use radio frequencies in case license to use frequency bands is issued through formal selection, re-issued or extended

1. The successful candidate or organization whose license to use frequency band is re-issued or extended shall make annual payment of the fee for grant of right to use radio frequencies within the validity period of the license.

2.  Fee for grant of right to use radio frequencies to be paid annually shall be determined as follows:

The fee for grant of right to use radio frequencies payable for the year n within the validity period of the license is determined adopting the following formula:

where:

M_n is the fee for grant of right to use radio frequencies payable for the year n, expressed as VND;

M_T is the fee for grant of right to use radio frequencies payable for the entire duration of use of the licensed frequency band, which is determined according to Clause 2 Article 52 of this Decree, expressed as VND;

T is the length of time during which the use of frequency band is licensed, expressed as months;

t = 12 months, except the case where the last year of the validity period of the license is less than 12 months, t shall be determined by dividing total number of remaining days of validity of the license by 30;

r is the nominal interest rate on the government bond whose maturity date is closest to the expiration date of the license to use frequency band, issued before the formal selection result is approved by the MIC or the licensing authority notifies the fee for grant of right to use radio frequencies in case of re-issuance or extension of the license, expressed as percentage/year; results of issuance of government bonds are obtained from the website of the State Treasury affiliated to the Ministry of Finance of Vietnam.

3. Payment method

a) The successful candidate or organization eligible to have its license re-issued or extended shall make a lump sum payment of the entire amount of the fee for grant of right to use radio frequencies for the first year within 30 days from the day on which it is notified of such amount by the licensing authority.

b) From the second year of validity of the license onwards, the licensing authority shall notify the license holder of the fee for grant of right to use radio frequencies payable for the subsequent year at least 45 days before the first date of that year;

Within 30 days from the day on which the licensing authority gives a notice of the fee for grant of right to use radio frequencies payable, the license holder shall make a lump sum payment of the entire amount of the fee for grant of right to use radio frequencies as notified.

Article 55. Collecting fees for grant of right to use radio frequencies in case license to use frequency bands is issued directly or extended to state-owned enterprises in charge of national defense and security tasks, or issued directly in emergency cases

1. In case the license to use frequency bands is directly issued in emergency cases as prescribed in Point c Clause 4 Article 18 of the Law on Radio Frequencies, as amended by Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies, the applicant may be issued with the license to use frequency band before paying the fee for grant of right to use radio frequencies for the purpose of serving emergency case.

Within 09 months from the licensing date, the licensing authority shall notify the license holder of the fee for grant of right to use radio frequencies payable for the entire validity period of the license.

Within 03 months from the day on which the licensing authority gives a notice of the fee for grant of right to use radio frequencies payable, the license holder shall make a lump sum payment of the entire amount of the fee for grant of right to use radio frequencies as notified.

2. In case the license to use frequency bands is directly issued or extended to state-owned enterprises in charge of national defense and security tasks for serving the purpose of economic development associated with performance of national defense and security tasks as prescribed in Point d Clause 4 Article 18 of the Law on Radio Frequencies, as amended by Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies, the governing Ministry of the state-owned enterprise holding the license shall annually organize determination and collection of the fee for grant of right to use radio frequencies regarding the number of radio frequencies used for economic development.

If the base fee for the radio frequency used for economic development associated with performance of national defense and security tasks is not available or no longer valid, the governing Ministry of the state-owned enterprise holding the license shall request the MIC to determine the base fee as prescribed in this Decree. The validity period of the applied base fee counting from the day on which the base fee is approved by the MIC’s Minister to the day on which the fee payable is notified by the governing Ministry of the state-owned enterprise holding the license shall not exceed 06 months.

Article 56. Collection, transfer and management of fees for grant of right to use radio frequencies

1. The MIC shall organize the collection of fees for grant of right to use radio frequencies in the cases specified in Articles 53, 54 and Clause 1 Article 55 of this Decree and transfer collected amounts to its account opened at the State Treasury affiliated to the MIC or using an account opened by the organization assigned by the MIC to collect fees for grant of right to use radio frequencies. The Ministry of National Defence of Vietnam/the Ministry of Public Security of Vietnam shall organize the collection of fees for grant of right to use radio frequencies and transfer collected amounts to state budget in cases specified in Clause  2 Article 55 of this Decree. The notice of payment of the fee for grant of right to use radio frequencies is made using the form in Appendix VIII enclosed herewith.

2. Expenses incurred from the collection of fees for grant of right to use radio frequencies shall be covered by funding derived from state budget in accordance with applicable regulations on hierarchical management of state budget (unless otherwise prescribed in a specific document issued by a competent authority).

3. The MIC or the organization assigned by the MIC to collect fees for grant of right to use radio frequencies shall transfer the entire amount of collected fee to state budget.

4. Amounts of fees for grant of right to use radio frequencies paid shall be recorded as business expenses of the license holder and deducted upon determination of incomes subject to corporate income tax (CIT) in accordance with the Law on Corporate Income Tax and its guiding documents.

Chapter VII

RADIO OPERATOR’S CERTIFICATES

Section 1. AMATEUR RADIO OPERATOR’S CERTIFICATES

Article 57. System of amateur radio operator’s certificates

1. System of amateur radio operator’s certificates includes:

a) First-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes with the antenna radiated power of not exceeding 1000W (Oats);

b) Second-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes with the antenna radiated power of not exceeding 200W (Oats);

c) Third-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes with the antenna radiated power of not exceeding 50W (Oats);

d) Fourth-class amateur radio operator’s certificate: holder of this certificate shall be allowed to operate an amateur radio station on all transmission modes (except sending of messages on CW) with the antenna radiated power of not exceeding 20W (Oats).

2. An amateur radio operator’s certificate shall be valid until it is revoked in accordance with provisions of this Decree.

Article 58. Eligibility requirements for recognition of organizations eligible to issue amateur radio operator’s certificates

In order to establish eligibility to issue amateur radio operator’s certificates, an organization shall be required to meet the following requirements:

1. It has obtained a license to use radio frequencies for its amateur radio station(s) which must be capable of serving candidates’ practical tests for corresponding class of amateur radio operator’s certificates.

2. Its theory test questions are conformable with compulsory parts of a theory test prescribed in Article 62 of this Decree.

3. Any person in charge of organizing examination for amateur radio operator’s certificates must:

a) possess a bachelor’s degree, or higher, in radio, electronic engineering or telecommunications or similar major; and

b) hold an amateur radio operator’s certificate of a class higher than that of candidates; or

hold an amateur radio operator’s certificate of the same class with that of candidates but have operated an amateur radio station within a minimum duration of at least 01 year before the examination date; or

have at least 01 year’s experience in radiotelegraphy (be capable of receiving correctly by ear and sending correctly by hand texts in the international Morse code through radio transceivers).

Article 59. Procedures for grant of certificate of eligibility to issue amateur radio operator’s certificates

1. An application for certificate of eligibility to issue amateur radio operator’s certificates includes:

a) An application form (made using Form 01 in Appendix IX enclosed herewith);

b) A lawful copy of the applicant’s establishment decision or license;

c) A report on satisfaction of eligibility requirements laid down in Article 58 which is made using Form 02 in Appendix IX enclosed herewith;

d) A set of theory test questions for amateur radio operator’s certificates.

2. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

3. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

4. Within 30 days from the receipt of an adequate and valid application, the MIC shall organize assessment and verification visit to determine whether or not the applicant has satisfied the requirements laid down in Article 58 of this Decree, and issue a certificate of eligibility to issue amateur radio operator’s certificates using Form 03 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

5. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

6. The list of organizations issued with certificate of eligibility to issue amateur radio operator’s certificates shall be published on the MIC’s web portal.

Article 60. Procedures for replacement of certificate of eligibility to issue amateur radio operator’s certificates

1. A new certificate of eligibility to issue amateur radio operator’s certificates may be issued for replacing the original one which has been lost or damaged or in case there are changes in the certificate holder’s particulars.

2. An application for replacement of certificate of eligibility to issue amateur radio operator’s certificates includes:

a) An application form (made using Form 05 in Appendix IX enclosed herewith);

b) A report on changes in certificate holder’s particulars (which must bear the authorized signature and seal of the applicant).

3. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

4. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

5. Within 20 days from the receipt of an adequate and valid application, the MIC shall issue a new certificate of eligibility to issue amateur radio operator’s certificates for replacing the original one using Form 04 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

6. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

Article 61. Revocation of certificate of eligibility to issue amateur radio operator’s certificates

1. An organization shall have its certificate of eligibility to issue amateur radio operator’s certificates revoked if it:

a) terminates operations in accordance with regulations of law or at its discretion;

b) has deliberately falsified information when following procedures for the certificate; or

c) has its license to use radio frequencies revoked.

2. The MIC shall issue a decision to revoke certificate of eligibility to issue amateur radio operator’s certificates and publish it on its web portal.

Article 62. Examinations for amateur radio operator’s certificates

An applicant for an amateur radio operator’s certificate shall take theory test and practical test for amateur radio operator’s certificate held by an organization possessing certificate of eligibility to issue amateur radio operator’s certificates.

1. Theory test

The theory test aims to assess a candidate's knowledge. Each theory test consists of the following questions:

a) First-class amateur radio operator’s certificate: the theory test consists of 50 questions, including: 10 questions on provisions of Vietnam's laws on amateur radio operations, 10 questions on amateur radio under ITU radio regulations, 15 questions on electrical engineering, and 15 questions on radio engineering. Each candidate needs at least 40 correct answers to pass this test.

Only a person who possesses a second-class amateur radio operator’s certificate and has operated an amateur radio station for at least 01 year shall be considered as eligible candidate for first-class amateur radio operator’s certificate;

b) Second-class amateur radio operator’s certificate: the theory test consists of 40 questions, including: 10 questions on provisions of Vietnam's laws on amateur radio operations, 10 questions on amateur radio under ITU radio regulations, 10 questions on electrical engineering, and 10 questions on radio engineering. Each candidate needs at least 30 correct answers to pass this test;

c) Third-class or fourth-class amateur radio operator’s certificate: the theory test consists of 35 questions, including: 10 questions on provisions of Vietnam's laws on amateur radio operations, 05 questions on amateur radio under ITU radio regulations, 10 questions on electrical engineering, and 10 questions on radio engineering. Each candidate needs at least 25 correct answers to pass this test.

2. Practical test

a) Telegraphy practical test aims to assess a candidate’s ability to receive correctly by ear or computer and second correctly by hand or computer texts in the international Morse code. Required rate of speed: at least 36 words per 03 minutes, for first-class amateur radio operator’s certificate; at least 27 words per 03 minutes, for second-class amateur radio operator’s certificate; at least 15 words per 03 minutes, for third-class amateur radio operator’s certificate. Each word consists of 05 characters (including all the letters of the English alphabet, numerals 00 - 09, symbols, comma, question mark, dash and other prosigns as prescribed in the ITU radio regulations);

b) A person who holds a radiotelegraph operator’s certificate and has been communicating using radiotelegraph or has stopped practicing for not more than 03 years shall be exempted from the telegraphy practical test;

c) A candidate for first-class, second-class or third-class amateur radio operator’s certificate must practice 04 communications, including: 01 practice in sending voice communications, 01 practice in sending telegraphy, 01 practice in searching for another station on voice procedure and 01 practice in searching for another station using telegraph.

A candidate for fourth-class amateur radio operator’s certificate must practice 02 voice communications and be exempted from telegraphy practice.

3. A candidate must complete both theory test and practical test within a maximum duration of 12 months.

Article 63. Conditions and procedures for examination and issuance of amateur radio operator’s certificates

1. An individual who has passed both the theory test and practical test as prescribed in Article 62 of this Decree shall be eligible to apply for amateur radio operator’s certificate.

2. An application for examination for amateur radio operator’s certificate includes:

a) An application form made using Form 01 in Appendix X enclosed herewith;

b) A lawful copy of citizen identity card or ID card or unexpired passport;

c) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up.

3. Procedures for issuance of amateur radio operator’s certificates:

a) Each candidate shall submit an application for examination for amateur radio operator’s certificate by post or directly to an organization that has been issued with a certificate of eligibility to issue amateur radio operator’s certificates (certificate-issuing organization);

b) The certificate-issuing organization shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the certificate-issuing organization shall notify and request the applicant to complete his/her application.

c) Within 14 days upon the end of the theory test and practical test, the certificate-issuing organization shall issue an amateur radio operator’s certificate, using the relevant form in Appendix X enclosed herewith, to the candidate who has passed both theory test and practical test or give reasons for its refusal to do so.

Article 64. Procedures for replacement of amateur radio operator’s certificates

1. A new amateur radio operator’s certificate may be issued for replacing the original one which has been lost or damaged or in case there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application.

2. An application for replacement of amateur radio operator’s certificate includes:

a) An application form (made using Form 02 in Appendix X enclosed herewith);

b) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up;

c) The original amateur radio operator’s certificate (in case the certificate has been damaged or there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application);

d) Documents proving lawful changes in the certificate holder’s personal information.

3. Procedures for replacement of amateur radio operator’s certificates:

a) An application for replacement of amateur radio operator’s certificate shall be submitted by post or directly to an organization that has been issued with a certificate of eligibility to issue amateur radio operator’s certificates (certificate-issuing organization);

b) This certificate-issuing organization shall receive and check the validity of the application, and compare it with the data on the issued amateur radio operator’s certificate. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the certificate-issuing organization shall notify and request the applicant to complete his/her application;

c) Within 07 working days from the receipt of an adequate and valid application, the certificate-issuing organization shall issue a new amateur radio operator’s certificate for replacing the original one using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to do so.

Article 65. Revocation of amateur radio operator’s certificates

An organization that has been issued with a certificate of eligibility to issue amateur radio operator’s certificates shall consider revoking amateur radio operator’s certificates which it issued in the following cases:

1. Any document prescribed in Clause 2 Article 63 and Clause 2 Article 64 of this Decree is forged.

2.  Contents of the issued certificate are erased.

3. The issued certificate is leased or lent out or used for improper purposes.

Article 66. Recognition of foreign amateur radio operator’s certificates

The MIC shall recognize foreign amateur radio operator’s certificates in the following cases:

1. Foreign amateur radio operator’s certificates of amateur radio operators who come from countries that have entered into mutual recognition agreements on amateur radio operations with ministries, ministerial agencies or Governmental agencies of Vietnam.

2. Foreign amateur radio operator’s certificates of amateur radio operators who come from countries that have not yet entered into mutual recognition agreements on amateur radio operations with Vietnam shall be recognized if they have obtained certification given by organizations eligible to issue amateur radio operator’s certificates using Form 1b in Appendix II enclosed herewith.

3. Other cases shall be subject to consideration and decision of the MIC’s Minister.

Section 2. MARITIME RADIO OPERATOR’S CERTIFICATES

Article 67. GMDSS maritime radio operator training courses and types of GMDSS maritime radio operator’s certificates

1. GMDSS maritime radio operator training courses include: restricted operator, general operator, second-class radio electronic officer and first-class radio electronic officer.

2. Types of GMDSS maritime radio operator’s certificates:

a) GMDSS maritime radio operator’s certificates include: restricted operator’s certificate, general operator’s certificate, second-class radio electronic certificate and first-class radio electronic certificate;

b) A maritime radio operator’s certificate shall be valid for 05 years from the date of issue.

Article 68. Eligibility requirements for recognition of organizations eligible to provide training and issue maritime radio operator’s certificates

1. Material facilities and teaching equipment:

a) There are standard classrooms with necessary teaching equipment;

b) Minimum equipment requirement for practice: at least 01 piece of equipment for 04 trainees for terminal device simulation system or at least 01 piece of equipment for 02 trainees for computer-based simulation system;

c) Practice equipment must be able to simulate the following equipment: MF/HF transceiver with DSC watch-keeping receiver, telephone and NBDP; 406 MHz EPIRB beacon; search and rescue radar transponder (SART) or Automatic Identification System Search And Rescue Transmitter (AIS-SART); EGC receiver; distress buttons on VHF-DSC, HF/MF-DSC, Inmarsat-C or Iridium satellite communication system; NAVTEX receiver; VHF transceiver with voice communication and DSC, combined with DSC Channel 70 watch-keeping receiver; handheld two-way VHF device; Inmarsat-C or Iridium satellite communication system; and other equipment as prescribed by SOLAS 74 and its amendments.

2. Teaching materials:

a) Maritime radio operator syllabus for each training mode;

b) Manuals for operating GMDSS for each training mode;

c) List of coast stations (ITU list of Coast Stations, Amiralty list of Radio Signal-vol.1, vol.5 ...);

d) List of ship stations (ITU list of Ship Stations);

dd) List of radio determination stations and radio stations performing special tasks;

e) ITU radio regulations;

g) International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual; 

h) GMDSS radio log book guidelines;

i) Reference documents of International Maritime Organization (IMO) and other necessary reference documents.

3. Training programs:

Programs and contents of training courses must be conformable with IMO’s model training program in force.

4. Lecturers:

Each lecturer must:

a) possess a bachelor’s degree, or higher, in radio, electronic engineering, telecommunications, ship control or maritime major;

b) be proficient in foreign language at a level appropriate for the training program; and

c) hold a maritime radio operator’s certificate appropriate for the training program (the lecturer must hold a maritime radio operator’s certificate of a class higher than or equal to that of the training course he/she is going to take charge of) or have participated in training for maritime radio operator’s certificate of equivalent class for at least 03 years.

5. Number of lecturers:

The required number of lecturers for each training program must be ensured. At least 50% of total lecturers for each training program are full-time lecturers.

6. Trainee/lecturer ratio: not exceeding 25 trainees/lecturer.

Article 69. Procedures for grant of certificate of eligibility to provide training and issue maritime radio operator’s certificates

1. An application for issuance of certificate of eligibility to provide training and issue maritime radio operator’s certificates includes:

a) An application form (made using Form 07 in Appendix IX enclosed herewith);

b) A lawful copy of the applicant’s establishment decision or license;

c) A report on satisfaction of eligibility requirements laid down in Article 68 which is made using Form 08 in Appendix IX enclosed herewith;

d) Approved training programs.

2. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

3. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

4. Within 30 days from the receipt of an adequate and valid application, the MIC shall organize assessment and verification visit to determine whether or not the applicant has satisfied the requirements laid down in Article 68 of this Decree, and issue a certificate of eligibility to provide training and issue maritime radio operator’s certificates using Form 09 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

5. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

6. The list of organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates shall be published on the MIC’s web portal.

Article 70. Procedures for replacement of certificate of eligibility to provide training and issue maritime radio operator’s certificates

1. A new certificate of eligibility to provide training and issue maritime radio operator’s certificates may be issued for replacing the original one which has been lost or damaged or in case there are changes in the certificate holder’s particulars.

2. An application for replacement of certificate of eligibility to provide training and issue maritime radio operator’s certificates includes:

a) An application form (made using Form 11 in Appendix IX enclosed herewith);

b) A report on changes in certificate holder’s particulars (which must bear the authorized signature and seal of the applicant).

3. An application, which contains adequate documents as required, shall be submitted by post or directly to the MIC.

4. The MIC shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the MIC shall notify and request the applicant to complete its application.

5. Within 20 days from the receipt of an adequate and valid application, the MIC shall issue a new certificate of eligibility to provide training and issue maritime radio operator’s certificates for replacing the original one using Form 10 in Appendix IX enclosed herewith or give reasons for its refusal to do so.

6. Application processing result shall be delivered to the applicant by post or directly at the office of the MIC.

Article 71. Revocation of certificate of eligibility to provide training and issue maritime radio operator’s certificates

1. An organization shall have its certificate of eligibility to provide training and issue maritime radio operator’s certificates revoked if it:

a) terminates operations in accordance with regulations of law or at its discretion;

b) has deliberately falsified information when following procedures for the certificate; or

c) fails to maintain the satisfaction of the requirements laid down in Clause 1 and Clause 4 Article 68 of this Decree.

2. The MIC shall issue and publish a decision to revoke certificate of eligibility to provide training and issue maritime radio operator’s certificates on its web portal, and also send it to relevant authorities for cooperation in performing management tasks.

Article 72. Final exam board

1. Final exam board (hereinafter referred to as “exam board”) shall be established according to a decision issued by the head of the organization issued with a certificate of eligibility to provide training and issue maritime radio operator’s certificates (hereinafter referred to as “training organization”).

The exam board is comprised of 05 or 07 members, including: the board’s chairperson who is the head or deputy head of the training organization, and other members who are officials of the training organization.

2. The exam board shall have the following tasks:

a) make the list of trainees eligible to sit the final exam;

b) organize, manage and inspect the exam in accordance with current regulations;

c) settle circumstances in the exam (if any);

d) prepare and submit a report on consolidated exam results to the head of the training organization for issuing certificates to successful trainees.

Article 73. Taking final exam and evaluating exam results

1. Only a trainee who is in attendance for at least 90% of the course duration may sit the final exam. In case a trainee provides plausible reasons for his/her failure to meet the minimum attendance rate, his/her completed training period shall be kept active and he/she can proceed with the following training course held by the same training organization.

2. The final exam will have two parts: theory part and practical part according to IMO's current regulations. Each part of the exam shall be scored using a 10-point scale.

3. A passing score of a constructed-response question exam is 5 or higher. A passing score of a multiple-choice question exam is 7 or higher.

4. Each trainee may be allowed to re-sit failed exams once, provided that the re-sit must be organized by the same training organization as that organized the first exam.

5. A trainee who passed both parts of the final exam shall be considered to have fulfilled requirements of the training course in maritime radio operator’s certificate and further evaluated for graduation.

Article 74. General conditions for maritime radio operator’s certificates

In order to apply for a maritime radio operator’s certificate, a candidate must:
1. be a Vietnamese citizen, a foreigner lawfully residing in Vietnam or a foreign seafarer working on board a Vietnamese-flagged ship.

2.  meet requirements relating to age and medical fitness as prescribed by law.

3.  meet specific professional requirements for the corresponding type of certificate laid down in Articles 75, 76, 77 and 78 of this Decree.

4. have graduated from the corresponding training course for maritime radio operator.

Article 75. Professional requirements for restricted operator’s certificate

A candidate for a restricted operator’s certificate must:

1. possess a high school diploma or higher or be a deck officer, chief officer or captain of a ship operating within the territorial waters of Vietnam (sea area A1).

2. be proficient in English at level A2 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 1 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 76. Professional requirements for general operator’s certificate

A candidate for a general operator’s certificate must:

1. possess an intermediate professional education diploma or level 4 of VQF diploma, or higher, in maritime, ship operation, electronics engineering, telecommunications or similar major; or be a deck officer, chief officer or captain of a ship of 500 GT, or more, operating within and outside the territorial waters of Vietnam.

2. be proficient in English at level B2 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 2 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 77. Professional requirements for second-class radio electronic certificate

A candidate for a second-class radio electronic certificate must:

1. possess a bachelor’s degree, or higher, in electronics engineering, telecommunications, maritime, ship control or similar major.

2. be proficient in English at level C1 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 3 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 78. Professional requirements for first-class radio electronic certificate

A candidate for a first-class radio electronic certificate must:

1. possess a second-class radio electronic certificate.

2. have held the job position corresponding to his/her second-class radio electronic certificate for at least 03 years.

3. be proficient in English at level C1 according to the 06-level foreign language proficiency framework of the Ministry of Education and Training of Vietnam or in Maritime English at level 3 according to regulations adopted by the Ministry of Transport of Vietnam or possess other equivalent certificate of English proficiency.

Article 79. Procedures for issuance of maritime radio operator’s certificates

1. An application for training course for maritime radio operator’s certificate includes:

a) A lawful copy of citizen identity card or ID card or unexpired passport;

b) An original or lawful copy of the seafarer medical certificate as prescribed by law;

c) Lawful copies of documents and/or professional diplomas proving the applicant’s satisfaction of professional requirements for the corresponding type of maritime radio operator’s certificate laid down in Article 75, 76, 77 or 78 of this Decree;

d) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up.

2. Procedures for issuance of maritime radio operator’s certificates

a) The person who wishes to attend the training course for maritime radio operator's certificate shall submit an application by post or directly to the training organization;

b) This training organization shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the training organization shall notify and request the applicant to complete his/her application;

c) Within 14 days upon the end of the final exam, the training organization shall issue maritime radio operator’s certificate to successful candidates using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to do so.

Article 80. Conditions for extension of maritime radio operator’s certificates

A certificate holder may have his/her certificate extended if:

1. He/she meets requirements relating to age and medical fitness as prescribed by law.

2. He/she has held the job position corresponding to the class of the certificate to be extended for at least 01 year within 05 years following the issue date of the certificate or for at least 03 months within the last 06 months before the certificate expires.

3. If the applicant for certificate extension fails to meet the requirement laid down in Clause 2 of this Article, he/she must sit and be successful at the final exam for maritime radio operator’s certificate of the same class with that of the certificate to be extended. 

Article 81. Procedures for extension of maritime radio operator’s certificates

1. An application for extension of a maritime radio operator’s certificate includes:

a) The application form (made using Form 03 in Appendix X enclosed herewith);

b) A lawful copy of citizen identity card or ID card or unexpired passport;

c) An original or lawful copy of the seafarer medical certificate as prescribed by law;

d) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up;

dd) The original copy of the maritime radio operator’s certificate to be extended;

e) A lawful copy of the seafarer’s discharge book or another document of equivalent validity or documents proving that the applicant has passed the final exam for maritime radio operator’s certificate of the same class with that of the certificate to be extended (in the case specified in Clause 3 Article 80 of this Decree).

2. The person who is seeking for extension of his/her maritime radio operator's certificate shall submit an application by post or directly to the training organization.

3. b) The training organization shall receive and check the validity of the application, and compare it with the data on the issued maritime radio operator’s certificate. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the training organization shall notify and request the applicant to complete his/her application.

4. Within 10 days from the receipt of an adequate and valid application, the training organization shall grant extension of the certificate using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to grant extension.

5. A maritime radio operator’s certificate may be extended for up to 05 years.

Article 82. Procedures for replacement of maritime radio operator’s certificates

1. A new maritime radio operator’s certificate may be issued for replacing the original one which is not yet expired but has been lost or damaged or in case there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application.

2. An application for replacement of a maritime radio operator’s certificate includes:

a) The application form (made using Form 03 in Appendix X enclosed herewith);

b) 02 color photos of 03x04 cm size, taken within the last 06 months before the application submission date, with face and both ears clearly visible, and without head covering and make-up;

c) The original maritime radio operator’s certificate (in case the certificate has been damaged or there are lawful changes in personal information of the certificate holder or where the holder’s personal information is not conformable with that in his/her application);

d) Documents proving lawful changes in the certificate holder’s personal information.

3. Procedures for replacement of maritime radio operator’s certificates

a) The certificate holder shall submit an application for replacement by post or directly to the training organization;

b) The training organization shall receive and check the validity of the application, and compare it with the data on the issued maritime radio operator’s certificate. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the training organization shall notify and request the applicant to complete his/her application;

c) Within 07 working days from the receipt of an adequate and valid application, the training organization shall issue a new maritime radio operator’s certificate for replacing the original one using the relevant form in Appendix X enclosed herewith or give reasons for its refusal to do so.

Article 83. Revocation of maritime radio operator’s certificates

The training organization shall consider revoking maritime radio operator’s certificates which it issued in the following cases:

1. Any document prescribed in Clause 1 Article 79, Clause 1 Article 81 or Clause 2 Article 82 of this Decree is forged.

2. Contents of the issued certificate are erased.

3. The issued certificate is leased or lent out or used for improper purposes.

Section 3. RESPONSIBILITIES OF RELEVANT AUTHORITIES AND ORGANIZATIONS TO PROVIDE TRAINING AND ISSUE RADIO OPERATOR’S CERTIFICATES

Article 84. Responsibilities of relevant authorities and organizations to issue amateur radio operator’s certificates

1. The MIC shall:

a) Consider recognizing organizations eligible to issue amateur radio operator’s certificates;

b) Organize inspection of compliance with this Decree’s provisions on examination and issuance of amateur radio operator’s certificates; conduct inspection, on a periodical basis of every 05 years, of organizations issued with certificate of eligibility to issue amateur radio operator’s certificates to determine whether or not they meet the eligibility requirements laid down in Article 58 of this Decree;

c) Publish updated list of organizations issued with certificate of eligibility to issue amateur radio operator’s certificates on its web portal.

2. Each organization issued with certificate of eligibility to issue amateur radio operator’s certificates shall:

a) Organize examination, scoring and issue, replace and revoke amateur radio operator’s certificates;

b) Compile and update sets of theory test questions for amateur radio operator’s certificates;

c) Retain data on examination results and amateur radio operator’s certificates issued;

d) Before the 6^th day of the last month of each quarter, send quarterly report on organization of examination and issuance of amateur radio operator’s certificates, which is made using Form 06 in Appendix IX enclosed herewith, online or by post or directly to the MIC (the Authority of Radio Frequency Management);

dd) Develop database on examination for amateur radio operator’s certificates (including examination plan, list of eligible candidates, and examination results); database on issuance of amateur radio operator’s certificates (full name, date of birth, place of birth, number of citizen identity card or ID card or passport of certificate holder, number, class and issuing organization of the certificate);

e) Comply with regulations of laws on use of radio frequencies and radio devices.

Article 85. Responsibilities of relevant authorities and organizations to provide training and issue maritime radio operator’s certificates

1. The MIC shall:

a) Consider recognizing organizations eligible to provide training and issue maritime radio operator’s certificates;

b) Organize inspection of compliance with this Decree’s provisions on training and issuance of maritime radio operator’s certificates; conduct inspection, on a periodical basis of every 05 years, of organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates to determine whether or not they meet the eligibility requirements laid down in Article 68 of this Decree;

c) Publish the updated list of organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates on its web portal.

2. Each organization issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates shall:

a) Provide training, issue, extend, replace and revoke maritime radio operator’s certificates;

b) Compile and update training programs/documents for maritime radio operator’s certificates which must be conformable with IMO’s model training program in force;

c) Provide training courses for maritime radio operator’s certificates with adequate training duration and contents of each training program; manage attendance of trainees;

d) Ensure material facilities, teaching equipment and materials, and lecturers in charge of training courses for maritime radio operator’s certificates;

dd) Before the 06^th day of the last month of each quarter, send quarterly report on provision of training courses and issuance of maritime radio operator’s certificates, which is made using Form 12 in Appendix IX enclosed herewith, online or by post or directly to the MIC;

e) Develop database on training for maritime radio operator’s certificates (decisions to open training courses, list of trainees, exam plans and results); database on issuance of maritime radio operator’s certificates (full name, nationality, date of birth and place of birth of certificate holders, number, class, date of issue, expiry date and issuing organization of certificates);

g) Retain documents concerning training courses and issuance of maritime radio operator’s certificates in accordance with regulations of law;

h) Comply with regulations of laws on use of radio frequencies and radio devices.

Chapter VIII

IMPLEMENTATION

Article 86. Effect

1 . This Decree comes into force from the date on which it is signed.

2. The Government’s Decree No. 88/2021/ND-CP dated October 01, 2021 prescribing fees for grant of right to use radio frequencies, auction, licensing and transfer of rights to use radio frequencies regarding frequency bands ceases to have effect from the effective date of this Decree.

3. Where there are changes in regulations on licensing and commitment to run telecommunications network laid down in the Law on Telecommunications after this Decree takes effect, regulations of the Law on Telecommunications shall prevail.

Article 87. Transition

1. Applications for issuance, replacement, revision or extension of license to use radio frequencies which have been submitted before the effective date of this Decree and are under consideration shall be processed in accordance with applicable regulations.

2. Maritime radio operator’s certificates issued before July 01, 2024 may be extended or replaced by organizations issued with certificate of eligibility to provide training and issue maritime radio operator’s certificates.

3. Holders of licenses to use frequency bands which have been issued to serve the establishment of public land mobile telecommunications network but expire before September 06, 2023 shall be required to pay fees for grant of right to use radio frequencies for the remaining period of validity of the license commencing from July 01, 2023.

Fee payable and collector in this case shall be determined when determining the fee for grant of right to use radio frequencies payable and collector in case of re-issuance of the license to use frequency band to the current license holder or another organization licensed to use the same frequency band.

Article 88. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Tran Luu Quang

 

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