Circular No. 03/2012/TT-BTTTT stipulates the list of radio equipment exempt from frequency usage permits, technical conditions, and operational requirements.

CIRCULAR

Regulations on the list of radio equipment exempted from frequency usage permits

technical conditions and operation requirements

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Pursuant to the Radio Frequency Law dated November 23, 2009;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Pursuant to Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Considering the proposal of the Director of the Radio Frequency Management Department;

The Minister of Information and Communications promulgates this Circular regulating the list of radio equipment exempted from frequency usage permits, technical conditions, and operation requirements.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the list of radio equipment exempted from frequency usage permits, technical conditions, and operation requirements for three groups of radio equipment:

a) Short-range radio equipment with limited power;

b) Radio equipment installed on fishing vessels operating in the band from 26.96 MHz to 27.41 MHz;

c) Radio equipment for reception only.

2. This Circular applies to organizations and individuals managing, using, producing, importing, and trading for use in Vietnam the radio equipment specified in Clause 1 of this Article.

3. This Circular does not apply to radio equipment produced or imported for national defense and security purposes of the armed forces. The production, importation, and use of such radio equipment shall be regulated by the Ministry of National Defense and the Ministry of Public Security to ensure compliance with relevant national technical standards.

Article 2. General Conditions

1. Radio equipment meeting the technical and operational conditions set out in the corresponding Appendices (from Appendix 2 to Appendix 12) of this Circular shall be exempted from frequency usage permits.

2. In cases specifically provided for in Points 2.1 and 2.5 of Appendix 9 where the power level exceeds the corresponding level specified in Point 3.1 of Appendix 9, in cases specifically provided for in Point 2.4 of Appendix 5 where the power level exceeds the level specified in Point 3.1.3 of Appendix 5, and in cases specifically provided for in Points 2.1 and 2.2 of Appendix 11 where the power level exceeds the level specified in Point 3.1 of Appendix 11 of this Circular, such equipment may only be used with a frequency usage permit.

3. Radio equipment exempted from permits must not cause harmful interference to other radio equipment that has been granted frequency usage permits or to radio equipment permitted by the regulatory authority and must accept interference from other radio equipment.

In case radio equipment exempted from permits causes harmful interference, organizations and individuals must immediately cease its use and may only resume operations once the interference has been resolved.

4. Radio equipment exempted from permits must accept interference caused by industrial, scientific, and medical (ISM) radio frequency applications when sharing the following bands designated for ISM:

a) Band 13.553 to 13.567 MHz;

b) Band 26.957 to 27.283 MHz;

c) Band 40.66 to 40.70 MHz;

d) Band 2400 to 2483.5 MHz;

đ) Band 5725 to 5875 MHz;

e) Band 24000 to 24500 MHz.

5. Organizations and individuals producing or importing radio equipment as specified in Clause 1 of Article 1 of this Circular shall be responsible for announcing and ensuring that the equipment complies with the technical and operational conditions set out in the corresponding Appendices (from Appendix 2 to Appendix 12) of this Circular.

6. The production and importation of radio equipment exempted from frequency usage permits must also comply with legal regulations on importation, certification, and conformity declaration.

Article 3. Implementation Provisions

1. This Circular takes effect from May 10, 2012.

2. Abolish Circular No. 36/2009/TT-BTTTT dated December 3, 2009 of the Minister of Information and Communications promulgating "Regulations on Technical Conditions and Operation Requirements for Conditional Use Short-Range Radio Equipment" and Decision No. 09/2006/QĐ-BBCVT dated April 10, 2006 of the Minister of Posts and Telecommunications promulgating "Regulations on Technical Conditions and Operation Requirements for Conditional Use Radio Transmitters Installed on Fishing Vessels."

3. For radio equipment already in use before the effective date of this Circular that does not comply with the provisions of this Circular, it must cease operation within a maximum period of three years from the effective date of this Circular or must stop use if it causes harmful interference to legally operating radio equipment or systems.

4. The Head of the Office, the Director of the Radio Frequency Management Department, the Heads of agencies and units under the Ministry of Information and Communications, and related organizations and individuals are responsible for implementing this Circular.

5. During implementation, if there are difficulties, organizations and individuals should promptly report to the Ministry of Information and Communications for guidance or review and amendment.