Joint Circular No. 01/2012/TTLT-BTTTT-BGTVT guiding the management and issuance of radio frequency usage permits for radio stations using frequencies in air mobile services and air navigation radio services.

JOINT CIRCULAR

Guidelines for managing and issuing permits to use radio frequency for radio stations using frequencies in air mobile services and air navigation services.

Using frequencies in air mobile services and air navigation services.

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WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications, which has been amended and supplemented by Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 125/2009/QĐ-TTg of the Prime Minister on promulgating the National Radio Frequency Plan;

The Ministry of Information and Communications and the Ministry of Transport issue guidelines for managing and issuing permits to use radio frequency for radio stations using frequencies in air mobile services and air navigation services as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the following contents:

a) Guidelines for issuing permits to use radio frequency for radio stations using frequencies in air mobile services and air navigation services that require coordination and registration of radio frequencies with the International Civil Aviation Organization (ICAO) and the International Telecommunication Union (ITU).

b) Regulations on the procedures for coordination among management agencies in the international registration and coordination of radio frequencies in the aviation sector;

c) Regulations on the responsibilities of organizations and individuals related to the management and issuance of permits to use radio frequency for radio stations using frequencies in air mobile services and air navigation services.

Article 2. This Circular applies to organizations and individuals participating in the management and use of radio frequencies in air mobile services and air navigation services.

This Circular does not apply to the use of radio frequencies for defense and security purposes.

Article 3. Responsibilities of the Ministry of Information and Communications

Determine radio frequencies based on the database of radio frequencies of the International Telecommunication Union and the national database of radio frequencies; issue permits to use radio frequencies; participate in international coordination of radio frequencies.

Register radio frequencies with the International Telecommunication Union.

3. Handle harmful interference affecting the use of radio frequencies in the aviation sector that have been issued permits to use radio frequencies.

Article 4. Responsibilities of the Ministry of Transport

1. Coordinate with international civil aviation authorities and the International Civil Aviation Organization in the use of radio frequencies in air mobile services and air navigation services (hereinafter referred to as international coordination of radio frequencies).

2. Register radio frequencies that have been issued permits to use radio frequencies in air mobile services and air navigation services with the International Civil Aviation Organization.

3. Coordinate with the Ministry of Information and Communications to handle harmful interference in the use of radio frequencies in the aviation sector with relevant countries.

Article 4. Implementing agencies

1. The implementing agency of the Ministry of Information and Communications is the Radio Frequency Management Agency.

2. The implementing agency of the Ministry of Transport is the Civil Aviation Authority of Vietnam.

Article 5. Payment of fees and application for frequency assignment licenses

Organizations and individuals shall only be entitled to receive a license upon payment of all fees for issuance, extension, amendment, and supplementation of the corresponding content of the license, and payment of frequency usage charges in accordance with the regulations.

Chapter II

PROCEDURE FOR ISSUING LICENSES FOR FREQUENCY ASSIGNMENT

Article 6. Documents for applying for issuance, extension, amendment, and supplementation of frequency assignment license contents

The documents for applying for issuance, extension, amendment, and supplementation of frequency assignment license include the Application Form for Frequency Assignment License and Radio Equipment (hereinafter referred to as the Application Form) according to the model issued together with this Circular.

Article 7. Receipt of documents and issuance of licenses

1. Receiving documents:

a) Organizations and individuals applying for issuance, extension, amendment, and supplementation of frequency assignment license contents shall prepare two sets of documents and submit them to the Radio Frequency Management Agency under the Ministry of Information and Communications.

b) Within five working days from the date of receipt of the documents, if the documents are incomplete, the Radio Frequency Management Agency shall be responsible for notifying and guiding organizations and individuals in writing to supplement and complete the documents.

2. Methods of receiving documents and issuing licenses

a) The receipt of documents and issuance of frequency assignment licenses shall be carried out through direct submission, postal service, or electronic means.

b) The receipt of documents, issuance of licenses, and the issuance, extension, amendment, and supplementation of frequency assignment license contents through electronic means shall comply with the provisions of the law on electronic transactions and must meet the requirements of documents and procedures stipulated in this Circular.

Article 8. International coordination procedures regarding radio frequencies

1. Within three working days from the date of receipt of complete documents in accordance with the regulations of organizations and individuals, the Radio Frequency Management Agency shall send the documents along with a letter requesting the Civil Aviation Authority of Vietnam to coordinate internationally on radio frequencies.

2. Within thirty working days from the date of receipt of complete documents in accordance with the regulations, the Civil Aviation Authority of Vietnam shall perform the following tasks:

a) Coordinate internationally on radio frequencies with international aviation authorities and the International Civil Aviation Organization.

b) Coordinate with organizations and individuals to conduct trial transmission and reception of radio frequencies when necessary, based on the agreement of the Radio Frequency Management Agency. The Radio Frequency Management Agency shall provide comments on trial transmission and reception within three working days from the date of receipt of the request from the Civil Aviation Authority of Vietnam.

c) Send a notification letter to the Radio Frequency Management Agency about the results of international coordination on radio frequencies, including both successful and unsuccessful cases. In the case of successful coordination, the notification shall include information on successfully coordinated frequencies accompanied by the identification of the radio station.

3. In special cases where technical coordination is required for international coordination on radio frequencies, the Civil Aviation Authority of Vietnam shall cooperate with the Radio Frequency Management Agency to carry out such coordination.

4. In the event of refusal to coordinate and register radio frequencies with the International Civil Aviation Organization, the Civil Aviation Authority of Vietnam shall notify in writing the reasons for refusal to the Radio Frequency Management Agency within ten working days from the date of receipt of the request letter from the Radio Frequency Management Agency.

Article 9. Issuance, Extension, Amendment, and Supplement to the Content of Radio Frequency Usage Permit

1. Issuance of Permit

a) In cases where the allocation of radio frequencies and coordination within the country is feasible, the Radio Frequency Management Department shall issue the radio frequency usage permit within twenty working days from the date of receiving the notification from the Civil Aviation Administration of Vietnam regarding the successful international coordination with the International Civil Aviation Organization.

b) In cases where the allocation of radio frequencies and coordination within the country is not feasible, within twenty working days from the date of receiving the notification from the Civil Aviation Administration of Vietnam regarding the results of international coordination, the Radio Frequency Management Department shall notify in writing to the Civil Aviation Administration of Vietnam to re-coordinate internationally on radio frequencies according to the procedures stipulated in Clauses 2, 3, and 4 of Article 8 of this Circular, while also notifying the organization or individual.

c) In cases of refusal to issue the radio frequency usage permit

The Radio Frequency Management Department shall notify in writing the reasons for refusal and send it to the organization or individual within three working days from the date of receiving the notification about the unsuccessful international coordination result or the letter refusing international coordination on radio frequencies from the Civil Aviation Administration of Vietnam.

2. Extension of Permit

a) At least thirty days before the permit expires, organizations or individuals requiring an extension of the radio frequency usage permit must prepare and submit the application dossier for permit extension in accordance with Articles 6 and 7 of this Circular.

b) The Radio Frequency Management Department shall process the extension of the radio frequency usage permit within twenty working days from the date of receiving the complete dossier as prescribed.

3. Amendment and Supplement to the Content of the Permit

a) When the permit remains valid, organizations or individuals requiring amendments or supplements to the content of the permit (except for changes to the validity period of the permit) must prepare and submit the application dossier for amendment or supplement to the content of the permit in accordance with Articles 6 and 7 of this Circular.

b) If the proposed amendments or supplements do not affect the allocated radio frequencies, the Radio Frequency Management Department shall process the amendment or supplement to the content of the radio frequency usage permit within twenty working days from the date of receiving the complete dossier as prescribed.

c) If the proposed amendments or supplements affect the allocated radio frequencies (such as changes in frequency, transmission power, purpose of use, location of equipment), then the procedures and formalities stipulated in Article 8 and Clause 1 of Article 9 of this Circular shall be followed.

4. Validity Period of the Radio Frequency Usage Permit for Air Mobile Service and Air Navigation Service Radio Stations Shall Be Implemented in Accordance With the Provisions of the Law on Radio Frequencies.

5. Within three working days from the date of issuing the radio frequency usage permit, the Radio Frequency Management Department shall send a written notice to the Civil Aviation Administration of Vietnam regarding the issuance of the radio frequency usage permit.

6. Cease Using Frequencies and Radio Equipment

a) During the validity period of the permit, if organizations or individuals no longer need to use the frequencies or radio equipment, they shall notify the Radio Frequency Management Department in writing.

b) The content of the notification includes information about the permit number being ceased, expiration date, and cessation date.

Article 10. Registration of radio frequencies with the International Civil Aviation Organization and the International Telecommunication Union

Clause 1. The Vietnam Civil Aviation Authority shall register radio frequencies with the International Civil Aviation Organization within five working days from the date of receipt of the notification from the Radio Frequency Management Agency regarding the issuance of the frequency usage permit.

Clause 2. The Radio Frequency Management Agency shall register radio frequencies with the International Telecommunication Union within five working days from the date of issuance of the frequency usage permit.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from May 1, 2012.

Article 12. Implementation Organization

Clause 1. The Radio Frequency Management Agency and the Vietnam Civil Aviation Authority shall be responsible for coordinating, implementing, and guiding relevant organizations and individuals to implement this Circular.

Clause 2. During implementation, if there are any unreasonable issues, they should be reported to the Ministry of Information and Communications and the Ministry of Transport for review and resolution./.