Chapter IV
RADIO FREQUENCY
Section 1. PLANNING, ALLOCATION AND NOMINATION OF RADIO FREQUENCY
Article 57. Management, use of radio frequency and satellite orbit
Management, use of radio frequency and satellite orbit under the jurisdiction of Vietnam will be implemented efficiently, equally and economically in accordance with States plans; ensuring the operation of radio information system not to be effected by harmful radio disturbance or to produce harmful radio disturbance to meet the demand of radio frequency to use for social economic objective, national defense, security and to create condition for fast development of new technology of telecommunication, to protect national sovereignty of the use of radio frequency and satellite orbit.
Article 58. Planning radio frequency spectrum
1. Planning national radio frequency spectrum is a plan to separate the radio frequency spectrum into frequency bands for different purposes of each stage and stipulation of conditions to establish the order of exploitation, the most efficient use of the radio frequency spectrum in the whole country scale.
Planning national radio frequency spectrum has to meet the requirements of radio frequency use for purposes, to be in conformity with international regulations and the special parameters of using radio frequency in Vietnam, to make proper priority for new telecommunication technology. Planning national radio frequency spectrum is constructed by States authority of post, telecommunication and approved by Government Prime Minister.
2. Based on the plan of national radio frequency spectrum, States authority of post, telecommunication constructs and issues the plan of frequency, channels, and plan of local radio frequency.
3. Organizations, individuals manufacturing, importing or using radio broadcasting equipments, radio appliances have to conform to the plan of radio frequency stipulated on this Article.
Article 59. Allocation of radio frequency to serve national defense, security purposes
1. Government Prime Minister stipulates the band of radio frequency serving national defense, security purposes on the proper proportion with demand, mission and in respect to international general regulations.
2. Government Prime Minister makes decision to establish the Committee of radio frequency in order to consult the Prime Minister in coordination of radio frequency management in social economic activities, national defense, security.
Article 60. Use of radio frequency to supply rescue information
1. States authority of post, telecommunication announce the specific radio frequency to solely serve for national and international rescue information.
2. The use of radio frequency other than serving for safety, rescue information; the harmful radio disturbance to radio frequency solely serving for safety, rescue information are prohibited.
Article 61. Allocation, nomination of radio frequency
The allocation, nomination of radio frequency must be implemented in accordance with the provisions at articles 57, 58 and 60 of this Ordinance and on the basis of potential of radio frequency spectrum, to make proper priority for demand to use radio frequency to serve purposes of national defense, security, social economic and efficient use of technology of radio frequency.
States authority of post, telecommunication stipulate and announce conditions of allocation, assignment and use of radio frequency, radio frequency band.
Section 2. RADIO FREQUENCY LICENSE
Article 62. Types of radio frequency license
1. Types of radio frequency license include:
a) Frequency band license is granted with time-limit not more than 15 years;
b) Frequency license and license to use radio broadcasting equipments is granted with time- limit not more than 5 years.
2. Licenses are only granted when the allocation and assignment of radio frequency are feasible.
3. Organizations, individuals who are issued licenses are responsible to pay license fees in accordance with the provisions of law.
4. Selling, buying and transferring radio frequency licenses are prohibited.
5. Government specify authorization, requirements of radio frequency license issuance; management and use of radio frequency licenses.
Article 63. Radio equipments required condition
States authority of post, telecommunication stipulate and announce technical requirements and exploitation of equipments required condition; organizations, individuals using such equipments must carry out duly the announced technical requirements and exploitation and not be required radio frequency license.
Article 64. Responsibility of organizations, individuals using radio frequency band.
1. Organizations, individuals operating in Vietnam using radio frequency, radio frequency band and radio broadcasting equipments in respect of radio area are required radio frequency license, except to provisions at Article 63 of this Ordinance to use radio frequency, frequency band and radio broadcasting equipments.
2. Organizations, individuals granted radio frequency licenses must conform to the provisions of law on establishment, use of radio frequency and radio broadcasting equipments; pay fee for the use of radio frequency in accordance with the provisions of law; not make radio disturbance to other radio stations and be under supervision of States authority of post, telecommunication.
Article 65. Manufacture, import of radio receiving broadcasting equipments
Organization, individuals manufacturing, importing radio receiving broadcasting equipments must be obtained approval in writing of States authority of post, telecommunication.
Article 66. Certificate of Radio Operator
Individuals using radio equipments are required to have Certificate of Radio Operator States authority of post, telecommunication stipulate the training and issuance Certificate of Radio Operator
Section 3. RADIO FREQUENCY SUPERVISION, RADIO DISTURBANCE SETTLEMENT AND MANAGEMENT OF ELECTROMANEGTIC COMPETIBLITY
Article 67. Radio frequency supervision
1. Supervision of radio frequency and radio broadcasting equipments is for the purposes of ensuring the enforcement of Vietnamese laws, international treaties which Vietnam concluded or joined; measuring radio broadcasting technical parameters to manage the use of radio frequency, to discover, prevent and to settle law violations.
2. The results of supervision, measurement of technical parameters of radio broadcasting equipments are the basis to define and settle actions violating law in the respect of radio frequency management.
3. Foreign organizations, individuals are forbidden to measure radio transmitting and broadcasting parameters in Vietnam, except to the case having approval of competent authority.
4. The use of radio frequency and radio equipments installed in sea-boats, air planes of Vietnam and foreign countries entering to Vietnams territory must be conformed to the provisions of Vietnamese law, international treaties which Vietnam concluded or joined; the users, radio equipments in such vehicles must be under supervision of the competent authority.
Article 68. Harmful radio disturbance settlement
1. Organization, individual obtained radio frequency license has right to make complaint in accordance with the provisions of law when his/her/its
radio frequency is disturbed by other radio.
2. Complaints of radio disturbance is settled in accordance with provisions of Vietnamese law, international treaties which Vietnam signed or joined. States authority of post, telecommunication provides regulations and complaint procedures and settlement of harmful radio disturbance.
3. States authority of post, telecommunication is responsible to implement supervision, examination of radio frequency; manages and coordinates with the Ministry of Defense, the Ministry of Social Security to examine, supervise and settle harmful disturbance among information network serving social economic purposes and national defense, security purposes.
Article 69. Management of electromagnet compatibility
1. Electromagnet compatibility is the capacity of equipments, system of equipments operating without creating harmful radio disturbance to other equipments, system of equipments in the environment of electromagnet.
2. Equipment, system of equipments which are used in information area or in other sectors such as science, technology, industry, healthcare etc. must conform to the provisions of electromagnet compatibility in order to ensure not to create harmful radio disturbance to the area of radio-goniometry, safety, rescue and other radio areas.
The Government specifies the management of electromagnet compatibility.
Tìm kiếm
Pháp lệnh Bưu chính, viễn thông năm 2002 (Bản Word)