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

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.