Circular No. 02/2016/TT-BTTTT stipulates the principles, forms of radio frequency spectrum inspection, and the responsibilities of related parties.

CIRCULAR

Regulations on frequency spectrum radio inspectionFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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

Pursuant to the Law on Handling Administrative Violations reason Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system for administrative agencies;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to the Decree No. 174/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the postal, telecommunications, information technology, and radio frequency sectors;

At the proposal of the Director of the Radio Frequency Management Department,

The Minister of Information and Communications promulgates this Circular on frequency spectrum radio inspection.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular prescribes the principles, forms of frequency spectrum radio inspection, establishment of frequency spectrum radio inspection teams; construction, approval of frequency spectrum radio inspection plans; issuance of inspection decisions; inspection procedures, contents, and conclusion of frequency spectrum radio inspections; responsibilities of inspection authorities, frequency spectrum radio inspection teams, organizations and individuals using frequencies and radio equipment; responsibilities of organizations and individuals using electrical and electronic devices, radio wave application devices capable of causing harmful interference.

2. This Circular does not prescribe inspection activities for the use of radio frequencies exclusively for national defense and security purposes. Inspections of persons directly operating radio equipment, radio equipment installed on aircraft of Vietnam and foreign countries when entering the territory of the Socialist Republic of Vietnam shall be carried out in accordance with the provisions of the Civil Aviation Law of Vietnam.

Article 2. Applicability

This Circular applies to:

1. Frequency spectrum radio inspection authorities, frequency spectrum radio inspection teams.

2. Organizations and individuals using frequencies and radio equipment.

3. Organizations and individuals using electrical and electronic devices, radio wave application devices capable of causing harmful interference.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Frequency spectrum radio inspection (hereinafter referred to as inspection) is the examination of the actual situation of radio frequency usage, radio equipment, radio frequency usage permits, radio operator certificates, measurement of technical parameters of radio stations, determination of causes of harmful interference to assess and comment on compliance with laws on radio frequencies.

2. Radio equipment is equipment for receiving, transmitting, or both receiving and transmitting symbols, signals, data, writings, images, sounds, or other forms of information through radio waves.

3. Signs of violation of laws on radio frequencies are signs of violation discovered from the results of monitoring and supervision by competent state management agencies using technical means.

4. Frequency spectrum radio inspection authorities (hereinafter referred to as inspection authorities) include: The Radio Frequency Management Agency, Regional Radio Frequency Management Centers, Provincial Departments of Information and Communications.

5. Objects subject to frequency spectrum radio inspection (hereinafter referred to as inspected objects) are organizations and individuals using frequencies and radio equipment; organizations and individuals using electrical and electronic devices, radio wave application devices capable of causing harmful interference.

Article 4. Principles of Inspection

1. Inspection activities must comply with laws on radio frequencies and the provisions of this Circular.

2. Inspection activities must have grounds, ensuring objectivity, fairness, and compliance with the functions, tasks, and powers of competent state management agencies.

3. Inspection activities must ensure that there is no overlap in scope, objects, contents, or time with supervisory activities.

Article 5. Forms of Inspection

1. Regular inspections are conducted according to approved inspection plans by competent state management agencies.

2. Unscheduled inspections are carried out when signs of violation of laws on radio frequencies or resolution of harmful interference are detected.

Article 6. Establishment of inspection teams

1. Inspection activities shall be carried out by inspection teams.

2. The inspection team shall be established by the head of the inspection agency pursuant to the inspection decision and implemented according to Model No. 1 issued together with this Circular.

3. Composition of the inspection team: Team leader and members; the team leader of the inspection team is a civil servant of the inspection agency and shall be decided by the head of the inspection agency.

Article 7. Time limit and frequency of inspections

1. The maximum time limit for inspection is 10 working days from the date of announcing the inspection decision; in cases where the inspection involves multiple subjects, a wide inspection area, and complex inspection nature, the inspection period may be extended but not exceeding 15 working days from the date of announcing the inspection decision. Extension of the inspection period shall be decided in writing by the head of the inspection agency according to Model No. 2 issued together with this Circular.

2. The frequency of regular inspections for one inspection subject: not more than once per year.

Chapter II

ORGANIZATION OF INSPECTION

Section 1

BUILDING, APPROVING INSPECTION PLANS, ISSUING INSPECTION DECISIONS

Article 8. Building and Approving Regular Inspection Plans

1. The Radio Frequency Management Department shall build and approve regular inspection plans, at the latest by November 10 each year.

2. Regional Radio Frequency Management Centers:

a) Build regular inspection plans within their management areas and submit them to the Radio Frequency Management Department, at the latest by November 5 each year for approval by the Radio Frequency Management Department;

b) Announce regular inspection plans that have been approved by the Radio Frequency Management Department to relevant Provincial Information and Communications Departments within their management areas for monitoring and coordination.

3. Provincial Information and Communications Departments:

a) Based on the regular inspection plan of the Radio Frequency Management Department and in consultation with the Regional Radio Frequency Management Center, the Provincial Information and Communications Department shall build and approve its own regular inspection plan, at the latest by December 15 each year;

b) Announce the Provincial Information and Communications Department's regular inspection plan to the relevant Regional Radio Frequency Management Center for monitoring and coordination.

4. In case of changes to the approved regular inspection plan, the inspecting unit must report to the competent authority's head for approval of adjustments.

5. The regular inspection plan shall be sent to the inspected entity and related agencies and organizations.

Article 9. Issuing and Notifying Inspection Decisions

1. The inspection decision shall be issued based on one of the following grounds:

a) A regular inspection plan that has been approved by the inspection agency;

b) When resolving harmful interference or when there are signs of violation of laws on radio frequencies.

2. The inspection decision includes the following contents:

a) Legal basis for inspection;

b) Scope, object, and content of inspection;

c) Inspection time;

d) Composition of the inspection team.

3. The inspection decision shall be issued in accordance with Clause 2, Article 6 of this Circular.

4. The inspection agency shall notify in writing the time and content of the inspection to the inspected entity as follows:

a) For regular inspections: at least three working days before the inspection date;

b) For spot inspections: at least one working day before the inspection date.

5. In case signs of violations are discovered during the process of resolving harmful interference, the inspection team may conduct immediate inspections but must report to the head of the inspection agency.

Section 2

PROCEDURE AND PROCEDURES FOR INSPECTION

Article 10. Inspection Procedure

The inspection team shall conduct inspections according to the following procedure:

1. Announce the inspection decision before conducting the inspection.

2. Carry out the inspection and verification in accordance with the contents specified in Article 11 of this Circular.

3. Require the inspected entity to provide relevant files and documents related to the inspection content.

4. Prepare the inspection record and administrative violation record in accordance with Clauses 1, 2, 3, and 4 of Article 12 of this Circular.

5. Handle the inspection results in accordance with the provisions of Article 13 of this Circular.

Article 11. Content of inspection

1. Inspect files and documents related to radio frequency and radio equipment:

a) Radio frequency usage permit;

b) Contracts, rental and loan notification documents for radio equipment; certified copies of the radio operator certificate of the lessee or borrower of the radio equipment;

c) Relevant files on the use of radio equipment, test certification (for radio stations listed in the Telecommunications Equipment Directory and mandatory radio stations testing), conformity mark attached to the product (for radio stations listed in the Information Technology and Communication Products and Goods Mandatory Conformity Certification and Declaration Directory), license registration, payment of frequency fees, radio operator certificate (for individuals directly operating maritime mobile radio equipment and amateur radio equipment).

2. Measure and inspect radio equipment and other devices:

a) Measure and inspect technical parameters of radio equipment in accordance with the radio frequency usage permit and relevant technical standards: frequency, power, bandwidth occupancy, transmission mode, unwanted emissions, installation location of the equipment, antenna height, antenna installation position;

b) Measure and inspect electrical, electronic devices, and radio wave application devices to determine the cause of harmful interference.

Article 12. Inspection Record, Administrative Violation Record

1. Based on the results of the inspection contents, the Head of the inspection team shall prepare the inspection record and administrative violation record immediately after completing the inspection at the inspection site as follows:

a) In cases where the inspected entity complies with the laws on radio frequencies, the Head of the inspection team shall prepare the inspection record;

b) In cases where the inspected entity commits administrative violations concerning radio frequencies, the Head of the inspection team shall prepare the administrative violation record;

c) In cases where the inspected entity complies with the laws on radio frequencies but commits administrative violations concerning radio frequencies, the Head of the inspection team shall prepare the inspection record noting the inspection results, and simultaneously prepare the administrative violation record for the discovered violations;

d) In cases where the inspected entity shows signs of violating the laws on radio frequencies requiring further investigation and clarification, the Head of the inspection team shall prepare the inspection record noting the inspection results and report in writing to the Head of the inspection agency.

2. Content of the inspection record:

a) The inspection record must accurately and truthfully record the results of the inspection contents, opinions of the inspected entity or persons related to the inspected entity, cooperating agencies, witnesses (if any) according to Model No. 3 issued together with this Circular;

b) There must be signatures of representatives of all parties involved in the inspection and preparation of the record. If the record has multiple pages, those persons must sign each page, including any appendices (if any).

3. When preparing the inspection record, the inspected entity or persons related to the inspected entity must be present. In cases where the inspected entity or persons related to the inspected entity are absent or deliberately avoid or refuse to sign the inspection record, there must be signatures of local government representatives or witnesses confirming the preparation of the inspection record and clearly stating the reasons for refusal in the inspection record.

4. The preparation of the administrative violation record and handling of administrative violations shall be carried out in accordance with the provisions of the law on handling administrative violations.

Article 13. Handling the results of inspection

Upon receipt of the inspection team's file, the person issuing the inspection decision shall handle the inspection results as follows:

1. In cases where an administrative violation record is prepared and within the time limit for imposing administrative penalties, the person issuing the inspection decision must consider and decide on the penalty for the administrative violation within their authority or transfer the administrative violation file to the authorized authority to impose penalties in accordance with the law on handling administrative violations.

2. In cases where the inspection results indicate signs of violations but lack sufficient grounds to conclude a violation, the person issuing the inspection decision shall decide within their authority or recommend the Head of the competent state management agency to conduct an audit.

Section 3

END OF INSPECTION

Article 14. Reporting on the Results of Inspection

Within ten working days from the date of completion of the inspection, the inspection team shall report the results of the inspection according to Model No. 4 issued together with this Circular for submission to the Head of the inspecting agency.

Article 15. Conclusion of Inspection

1. For regular inspections: Within five working days from the date of receipt of the report on the results of the inspection, the Head of the inspecting agency shall issue an inspection conclusion according to Model No. 5 issued together with this Circular.

2. For spot inspections: within five working days from the date of receipt of the report on the results of the inspection, the Head of the inspecting agency shall issue a notice on the results of the inspection.

3. Within ten working days from the date of issuance of the inspection conclusion or notice on the results of the inspection, the Head of the inspecting agency shall be responsible for sending the inspection conclusion or notice on the results of the inspection to the inspected entity and the superior agency of the inspected entity (if any).

Article 16. Supervision and Urging the Implementation of Inspection Conclusions

The inspecting agency shall be responsible for supervising and urging the implementation of inspection conclusions and decisions on handling related to inspections.

Article 17. Archiving Inspection Case Files and Administrative Violation Handling Files

1. Upon completion of the inspection and administrative violation handling, the Head of the inspecting agency shall organize the establishment of inspection and administrative violation handling files.

2. Inspection and administrative violation handling files must be preserved and archived in accordance with the provisions of the law on archiving.

Chapter III

RESPONSIBILITIES OF THE INSPECTING AGENCY, INSPECTION TEAM, AND INSPECTED ENTITY

Article 18. Responsibilities of the Radio Frequency Management Department

1. Organizing the implementation of inspection work of the Radio Frequency Management Department in accordance with the law and this Circular.

2. Directing, monitoring, urging, guiding, and inspecting the regional radio frequency centers and related subordinate units in inspection work in accordance with the law and this Circular.

3. Deciding on handling within the scope of authority or recommending those with authority to handle the results of the inspection; monitoring and urging the implementation of post-inspection handling decisions.

4. Implementing the reporting system to the Ministry of Information and Communications on the situation and results of inspection work as prescribed.

5. Proposing to the Minister of Information and Communications measures to organize implementation or amend and supplement this Circular when necessary.

Article 19. Responsibilities of the Provincial Department of Information and Communications

1. Organizing the implementation of inspection work of the Provincial Department of Information and Communications in accordance with the law and this Circular.

2. Directing, monitoring, urging, guiding, and inspecting subordinate units in inspection work in accordance with the law and this Circular.

3. Deciding on handling within the scope of authority or recommending those with authority to handle the results of the inspection; monitoring and urging the implementation of post-inspection handling decisions.

4. Taking the lead and coordinating with the regional radio frequency center to conduct inspections within their jurisdiction.

5. Dispatching officials to join the inspection team of the regional radio frequency center when requested.

6. Implementing the reporting system to the Ministry of Information and Communications and the People's Committee of the province or centrally-administered city on the situation and results of inspection work as prescribed.

Article 20. Responsibilities of the Regional Radio Frequency Center

1. Organizing the implementation of inspection work of the Regional Radio Frequency Center within its jurisdiction in accordance with the law and this Circular.

2. Directing, monitoring, urging, guiding, and inspecting subordinate units in inspection work in accordance with the law and this Circular.

3. Deciding on handling within the scope of authority or recommending those with authority to handle the results of the inspection; inspecting and urging the implementation of post-inspection handling decisions.

4. Cooperating and providing specialized technical equipment to carry out frequency measurement and radio equipment inspection when the Provincial Department of Information and Communications takes the lead and requests it.

5. Dispatching officials to join the inspection team of the Provincial Department of Information and Communications when requested.

6. Implementing the reporting system to the Radio Frequency Management Department on the situation and results of inspection work as prescribed.

Article 21. Responsibilities of the Head of the Inspection Team and Members of the Inspection Team

1. Responsibilities of the Head of the Inspection Team:

a) Organize and direct members of the Inspection Team to implement the inspection decision accurately;

b) Require the inspected entity to provide information, documents, and written reports, and explain issues related to the inspection content; require organizations and individuals with relevant information and documents to provide such information and documents;

c) Prepare inspection records and administrative violation records in accordance with Clauses 1, 2, 3, and 4 of Article 12 of this Circular;

d) Report to the head of the inspecting agency on the results of the inspection and be responsible for the accuracy, honesty, and objectivity of the report;

2. Responsibilities of Members of the Inspection Team:

a) Perform tasks assigned by the Head of the Inspection Team;

b) Require the inspected entity to provide information and documents related to the inspection content;

c) Report to the Head of the Inspection Team on the inspection results of the tasks assigned by the Head of the Inspection Team and be responsible for the accuracy, honesty, and objectivity of the report;

Article 22. Responsibilities of the Inspected Entity

1. Comply with the inspection decision;

2. Provide truthful, timely, complete, and accurate information and documents related to the inspection content and bear legal responsibility for the accuracy and truthfulness of the provided information and documents;

3. Strictly implement requests, recommendations, inspection conclusions, handling decisions, and reports on the implementation of inspection conclusions issued by the person issuing the inspection decision, the Head of the Inspection Team, members of the Inspection Team, and competent state management agencies;

4. Explain and clarify issues related to the inspection content;

5. The inspected entity has the right to refuse to provide information and documents or to refuse to explain issues that are not within the scope and content of the inspection, if the inspection time does not conform to the inspection decision, and to clearly state the reasons for refusal;

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from March 25, 2016.

Article 24. Implementation Organization

1. The Director of the Ministry's Office, the Director of the Radio Frequency Management Department, the Directors of Provincial Information and Communications Departments under central cities, the Heads of ministries' units, and related organizations and individuals are responsible for implementing this Circular;

2. During implementation, if there are difficulties or obstacles, the agencies, organizations, and individuals concerned are requested to promptly reflect them to the Ministry of Information and Communications (Radio Frequency Management Department) for consideration and resolution./.