Circular No. 05/2015/TT-BTTTT detailing and guiding procedures for issuing frequency use permits for radio waves; leasing, lending radio equipment; and shared use of radio frequencies.

CIRCULAR

Regulations detailing and guiding procedures for issuing frequency use permits for radio waves; leasing and lending radio equipment; shared use of radio frequency.

issue frequency use permits for radio waves; lease, lend

radio equipment; share radio frequency

____________________

 

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

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;

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

The Minister of Information and Communications shall issue a Circular to detail and guide procedures for issuing frequency use permits for radio waves; leasing and lending radio equipment; shared use of radio frequency.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates detailed regulations and guides procedures for issuing, amending, supplementing, extending, and revoking frequency use permits for radio waves; leasing and lending radio equipment that has been issued frequency use permits for radio waves; shared use of radio frequency.

2. This Circular does not apply to:

a) The use of radio frequency for defense and security purposes and cases exempted from obtaining a radio frequency use permit as prescribed in Article 27 of the Radio Frequency Law;

b) Procedures for issuing, amending, supplementing, and extending frequency use permits for radio stations using frequencies in mobile aviation services and air navigation radio services;

c) Procedures for issuing, amending, supplementing, and extending frequency use permits and radio equipment for earth satellites of foreign representative agencies, high-level foreign delegations visiting Vietnam enjoying diplomatic privileges and immunities, and foreign journalists accompanying the delegation.

Article 2. Interpretation of Terms

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

1. Earth satellite station refers to a radio station placed on the surface of the Earth or within the atmospheric layer for communication with space satellites.

 Space satellite space refers to a radio station placed on an artificial Earth satellite with geostationary or non-geostationary orbit.

2. Amateur radio station refers to a radio station belonging to amateur radio service.

Amateur radio service is a radio communication service for the purpose of self-training and technical research conducted by amateur radio operators for personal interest without profit motive and with permission from the competent authority.

3. Fixed station refers to a radio station belonging to fixed service.

Fixed service is a radio communication service between predetermined fixed points.

4. Mobile station refers to a radio station belonging to mobile service, used during movement or temporary stops at unspecified points.

Mobile service is a radio communication service between mobile stations and land stations or between mobile stations.

Land station refers to a station belonging to mobile service but not used while moving.

5. Ship station refers to a mobile station using frequencies in maritime mobile service placed on ships, boats, and other floating objects.

Maritime mobile service is a mobile service between shore stations and ship stations or between ship stations and among ship stations; rescue stations and emergency radio beacons also belong to this service.

6. Radio station on fishing vessels refers to a mobile station placed on fishing vessels, using frequencies reserved for fishing vessels and frequencies for ensuring safety at sea.

7. Radio station for communication with fishing vesselsệfishing occupation refers to a radio station placed on land, using frequencies reserved for fishing vessels to communicate with fishing vessels, not providing telecommunications services.

8. Shore station refers to a radio station placed on land, using frequencies in maritime mobile service and frequencies reserved for fishing vessels to communicate with ships, boats, and other floating objects.

9. Wireless broadcasting station is a radio station transmitting one-way audio signals from the transmitter to wireless speaker clusters.

10. Telecommunications network exclusively used using frequencies in mobile service refers to a communications network consisting of mobile radio stations or fixed and mobile radio stations established by organizations or individuals to serve internal communication among members of the network without the direct aim of generating profit from the network's operation.

11. Internal radio communication network refers to a communications network consisting of mobile radio stations established by organizations or individuals at a specific location with a defined address and scope, which the network owner has the right to use for internal communication without the direct aim of generating profit from the network's operation.

12. Foreign representative agency includes diplomatic missions, consular offices, and international organization representative offices in Vietnam enjoying diplomatic privileges and immunities.

Article 3. Authorities for Issuing and Revoking Radio Frequency Usage Licenses

1. The Radio Frequency Management Department under the Ministry of Information and Communications shall issue and revoke radio frequency usage licenses for cases other than those specified in Clause 2 of this Article.

2. Regional Radio Frequency Management Centers under the Radio Frequency Management Department shall issue and revoke radio frequency and radio equipment usage licenses for marine radio stations installed on fishing vessels; radio frequency and radio equipment usage licenses for wireless broadcasting stations; radio frequency and radio equipment usage licenses for low-power radio equipment used for less than fifteen days at festivals, events, exhibitions, and fairs.

Article 4. Issuance of Radio Frequency Usage Licenses

1. Radio equipment declared in the application dossier for issuance, extension, modification, or supplementation of the content of radio frequency usage licenses must be equipment that has been certified as compliant with regulations.

2. In cases of direct license issuance, the application dossier for a radio frequency usage license shall be compiled into one set. Organizations and individuals submitting complete and compliant application dossiers earlier will be considered for license issuance first.

3. For initial radio frequency usage licenses, the duration of the issued license shall be according to the request of organizations and individuals but not exceeding the maximum duration corresponding to each type of license and ensuring compatibility with radio frequency planning. If the initial issuance is for the maximum duration prescribed for the corresponding type of license, it can only be extended for a maximum of one year.

4. Radio emission limits in the Radio Band Usage License shall be defined according to national technical standards. In cases where there are no national technical standards, international standards and practical technological capabilities shall be applied to ensure a reduction in harmful interference.

5. Organizations and enterprises holding a Radio Band Usage License shall report annually to the Radio Frequency Management Department a list of radio transmitters used in the radio communication network (in accordance with the form stipulated in Appendix 3 of this Circular) from October 1 to October 15 each year, and submit ad hoc reports when requested by the Radio Frequency Management Department.

6. For cases requiring registration and international coordination on radio frequencies as stipulated in Article 41 of the Radio Frequency Law, during the implementation period of registration and coordination according to the International Telecommunication Union's regulations, the Radio Frequency Management Department shall only consider issuing temporary licenses. Organizations and individuals must cease operations if registration and coordination are unsuccessful. Formal licensing will be carried out based on the results of international registration and coordination on radio frequencies with the International Telecommunication Union.‎7. The format of the radio frequency usage license is specified in Appendix 1 of this Circular.

Article 5. Extension, Modification, and Supplemental Content of Radio Frequency Usage Licenses

1. At least thirty days before the expiration date for Radio Frequency and Radio Equipment Usage Licenses, sixty days for Radio Band Usage Licenses, and ninety days for Radio Frequency and Satellite Orbit Usage Licenses, organizations and individuals must submit an application dossier for extending the radio frequency usage license to comply with the regulations. An extended license only extends the usage period; other parameters of the license remain unchanged.2. In cases where the time limit specified in Clause 1 of this Article is not adhered to, organizations and individuals wishing to continue using the frequency must follow new issuance procedures and must use a new frequency if the previously used frequency has already been assigned to another organization or individual.

3. When the license remains valid, organizations and individuals who need to modify or supplement certain contents within the license (excluding the usage period) must submit an application dossier for modifying or supplementing the license content.

4. Organizations and individuals may apply for license extension combined with modification or supplementation of license content, in compliance with the provisions of Clauses 1 and 3 of this Article.

3. When the permit remains valid, organizations or individuals wishing to amend or supplement certain contents in the permit (excluding usage duration) must prepare an application for amending or supplementing the permit's contents.

4. Organizations or individuals may request an extension of the permit in conjunction with amending or supplementing the permit's contents, in accordance with the provisions of Clause 1 and Clause 3 of this Article..

Article 6. Suspension of Frequency Usage, Radio Equipment, and Satellite Orbit

1. Within the validity period of the license, if organizations or individuals no longer have the need to use frequencies, radio equipment, and satellite orbits, they must notify the Radio Frequency Management Department in writing according to the model Notification of Suspension specified in the Application Form for Issuance of Frequency Usage License - Appendix 2 of this Circular.

2. In cases where telecommunications enterprises use frequencies, radio equipment, and satellite orbits to provide telecommunications services, before submitting a notification of frequency suspension to the Radio Frequency Management Department, the enterprise must complete all procedures to cease providing telecommunications services in accordance with the laws on telecommunications.

Article 7. Reissuance of Frequency Usage Licenses

1. In cases where the frequency usage license is lost, torn, burned, or destroyed in another manner, the organization or individual who has been granted the license must submit a written request for reissuance of the frequency usage license.

2. The content of the written request for reissuance of the frequency usage license shall include information about the license number, issuance date, expiration date, and reasons for requesting reissuance.

Article 8. Declaration and Cancellation of Applications for Issuance, Extension, Amendment, and Supplement of Content of Frequency Usage Licenses use radio frequency

1. Organizations and individuals applying for issuance, extension, amendment, and supplement of content of frequency usage licenses bear legal responsibility for the accuracy and legality of the documents and contents declared in the application dossier.

Documents in the application dossier for issuance, extension, amendment, and supplement of content of frequency usage licenses that this Circular does not require to be notarized or certified must be confirmed by the organization or individual applying for the license as being submitted by them through stamping (for organizations) or signing confirmation (for individuals, business households) on each document.

2. Organizations and individuals do not need to resubmit documents stipulated in the application dossier for issuance of frequency usage licenses if these documents were already submitted in previous applications and remain valid without any changes in content.

3. The application dossier for issuance, extension, amendment, and supplement of content of frequency usage licenses will be canceled in the following cases:

a) Thirty days from the date of sending a notice to supplement和完善翻译，特别是第8条的内容，并确保格式正确。

b) Thirty days after sending the notification to pay fees, if organizations or individuals fail to fulfill their fee obligations as prescribed to obtain the permit.

Article 9. Declaration of Applications and Issuance of Permits via Electronic Means

1. The declaration of applications via electronic means and the issuance, extension, amendment, and supplementation of contents in frequency use permits via electronic means shall be carried out in accordance with the laws on electronic transactions and must comply with the requirements set forth in this Circular regarding application forms and procedures.

2. The implementation of electronic permit issuance for the issuance, extension, amendment, and supplementation of contents in frequency use permits shall be publicly announced on the electronic information website of the Radio Frequency Management Department (www.cuctanso.vn and www.rfd.gov.vn).

Article 10. Payment of Fees and Frequency Usage Charges and Receipt of License

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

PROCEDURES FOR ISSUANCE, EXTENSION, AMENDMENT, SUPPLEMENTATION,

REVOCATION OF LICENSES FOR FREQUENCY USE

Section 1

ISSUANCE, EXTENSION, AMENDMENT, AND SUPPLEMENTATION OF CONTENT

LICENSES FOR FREQUENCY AND RADIO EQUIPMENT USE

 

Article 11. Documents for Application for Issuance, Extension, Amendment, and Supplementation of Content of the License for Frequency and Radio Equipment Use for Amateur Radio Stations

1. New application documents include:

a) A completed application form for the License for Frequency and Radio Equipment Use according to Model 1b in Appendix 2 of this Circular;

b) A certified copy of the Amateur Radio Operator Certificate issued or recognized pursuant to Decision No. 18/2008/QĐ-BTTTT dated April 4, 2008, of the Minister of Information and Communications on the issuance of regulations concerning amateur radio activities. In case of direct submission, the original may be presented for verification along with a copy;

c) A certified copy of the Identity Card or Passport still valid for individual applicants. In case of direct submission, a copy accompanied by the original for verification may be submitted.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 12. Documents for Application for Issuance, Extension, Amendment, and Supplementation of Content of the License for Frequency and Radio Equipment Use for Radio Stations Installed on Fishing Vessels

1. New application documents include:

a) A completed application form for the License for Frequency and Radio Equipment Use according to Model 1c in Appendix 2 of this Circular;

b) A certified copy of the Identity Card or Passport still valid or the Fishing Vessel Registration Certificate for individual applicants. In case of direct submission, a copy and the original for verification may be submitted; or

A certified copy of the Business Household Registration Certificate for business households applying for the license. In case of direct submission, a copy and the original for verification may be submitted.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 13. Documents for Application for Issuance, Extension, Amendment, and Supplementation of Content of the License for Frequency and Radio Equipment Use for Broadcasting and Television Transmitter Equipment

1. For organizations that are press agencies:

a) New application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the Broadcasting and Television Operation License for channel program broadcasting content (not applicable for rebroadcasting central broadcasting programs);

b) Extension application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the Broadcasting and Television Operation License for channel program broadcasting content if the previous license has been changed (not applicable for rebroadcasting central broadcasting programs).

c) Amendment and supplementation application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

2. For organizations and enterprises providing broadcasting and television transmission services:

a) New application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the Telecommunications Network Establishment License (network type: fixed terrestrial telecommunications network);

- A certified copy of the Registration Certificate for the List of Permitted Broadcast Channels;

b) Extension application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the Telecommunications Network Establishment License (network type: fixed terrestrial telecommunications network) if the previous license has been changed;

- A certified copy of the Registration Certificate for the List of Permitted Broadcast Channels (if the previous Registration Certificate has been changed).

c) Amendment and supplementation application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

3. For organizations that are not press agencies broadcasting radio programs and rebroadcasting promotional television programs:

a) New application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- An agreement from the Provincial Department of Information and Communications for broadcasting radio programs (specifying the name of the program being broadcast) and rebroadcasting local television programs (specifying the name of the program being rebroadcast); or

An agreement from the Radio, Television, and Electronic Information Administration - Ministry of Information and Communications for rebroadcasting programs from other provinces (not applicable for rebroadcasting central broadcasting programs).

b) Extension application documents include:

A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular.

c) Amendment and supplementation application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

Article 14. Documents for Application for Issuance, Extension, Amendment, and Supplementation of Content of the License for Frequency and Radio Equipment Use for Wireless Public Address Systems

1. New application documents include:

a) A completed application form for the License for Frequency and Radio Equipment Use according to Model 1đ in Appendix 2 of this Circular;

b) An agreement from the Provincial Department of Information and Communications for transmitting information via wireless public address systems.

            2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 15. Documents for application to issue, extend, amend, or supplement the contents of the Radio Frequency and Radio Equipment Usage Permit for microwave transmission lines

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1e in Appendix 2 of this Circular;

b) A copy of the Telecommunications Network Establishment Permit related to the application.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the Telecommunications Network Establishment Permit related to the application (if the previous permit has been changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 16. Documents for application to issue, extend, amend, or supplement the contents of the Radio Frequency and Radio Equipment Usage Permit for internal radio communication networks, private telecommunications networks using frequencies for mobile services

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1g in Appendix 2 of this Circular;

b) A copy of the Private Telecommunications Network Establishment Permit (not applicable to internal radio communication networks);

c) A certified copy of the Identity Card or Passport still valid for individual applicants. In case of direct submission, a copy can be submitted along with the original for verification; or

A certified copy of the Business Household Registration Certificate for business households applying for the license. In case of direct submission, a copy and the original for verification may be submitted.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the Private Telecommunications Network Establishment Permit (if the previous permit has been changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 17. Documents for application to issue, extend, amend, or supplement the contents of the Radio Frequency and Radio Equipment Usage Permit for ship radio stations (not applicable to earth satellites not part of the GMDSS system)

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1h in Appendix 2 of this Circular;

b) A certified copy of the Identity Card or Passport still valid for individual applicants. In case of direct submission, a copy can be submitted along with the original for verification; or

A certified copy of the Business Household Registration Certificate for business households applying for the license. In case of direct submission, a copy and the original for verification may be submitted.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 18. Documents for application to issue, extend, amend, or supplement the contents of the Radio Frequency and Radio Equipment Usage Permit for radio communication stations for fishing vessels

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1i in Appendix 2 of this Circular;

b) A certified copy of the Identity Card or Passport still valid for individual applicants. In case of direct submission, a copy can be submitted along with the original for verification; or

A certified copy of the Business Household Registration Certificate for business households applying for the license. In case of direct submission, a copy and the original for verification may be submitted.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 19. Documents for application to issue, extend, amend, or supplement the contents of the Radio Frequency and Radio Equipment Usage Permit for radio equipment used for technology demonstration at exhibitions and trade fairs

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular;

b) A copy of the document permitting temporary import and re-export of radio equipment issued by the Ministry of Information and Communications.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 20. Documents for application to issue, extend, amend, or supplement the contents of the Radio Frequency and Radio Equipment Usage Permit for radio stations of foreign representative offices, high-level foreign delegations enjoying diplomatic privileges and immunities, and foreign journalists accompanying the delegation

1. For radio stations (excluding earth satellites) of foreign representative offices:

a) New issuance documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to the corresponding model specified in Appendix 2 of this Circular;

- A copy of the Telecommunications Network Establishment Permit related to the application;

- A request letter from the Ministry of Foreign Affairs (for radio stations of diplomatic missions, consular posts).

b) Extension application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to the corresponding model specified in Appendix 2 of this Circular;

- A copy of the Telecommunications Network Establishment Permit related to the application (if the previous permit has been changed).

c) Amendment and supplementation application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to the corresponding model specified in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

2. For radio stations (excluding earth satellites) of high-level foreign delegations enjoying diplomatic privileges and immunities, and foreign journalists accompanying the delegation, the foreign representative office with the delegation or the host agency handling the application for the permit:

a) New application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular;

- A request letter from the host agency.

b) Extension application documents include:

The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular.

c) Amendment and supplementation application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

Article 21. Documents for Application for Issuance, Extension, Amendment, and Supplement to the Content of the Frequency Usage and Radio Equipment Permit for Earth Satellites (excluding earth satellites belonging to the GMDSS system installed on ships)

1. New application documents include:

a) A completed application form for the issuance of the Frequency Usage and Radio Equipment Permit according to Model 1m in Appendix 2 of this Circular;

b) A copy of the Telecommunications Network Establishment Permit related thereto (applicable to earth satellites belonging to a telecommunications network that has already been granted a permit); or

A notarized or certified copy (or a copy accompanied by the original for comparison in case of direct submission) of the Satellite Information Service Usage Contract (applicable to independent earth satellite operations of organizations, individuals, or households using satellite information services provided by telecommunications enterprises that have been granted permits by the Ministry of Information and Communications); or

A copy of the Permit for Satellite-based Radio and Television Transmission Services (applicable to press agencies and enterprises providing radio and television transmission services); or

A copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate (applicable to organizations, businesses operating outside the sea, multinational companies, government agencies, software development zones, and high-tech zones when using regional or international satellites); or

A certified copy (or a copy accompanied by the original for comparison in case of direct submission) of the document issued by the competent authority (applicable to organizations and enterprises permitted to participate in air safety and maritime safety activities according to the regulations of the International Civil Aviation Organization - ICAO and the International Maritime Organization - IMO when using regional or international satellites).

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of one of the corresponding documents stipulated in point b, Clause 1 of this Article (if the corresponding documents previously required have changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 22. Documents for Application for Issuance, Extension, Amendment, and Supplement to the Content of the Frequency Usage and Radio Equipment Permit for Fixed Stations, Shore Stations (not communicating with satellites), Individual Equipment, and Cases Not Specified in Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and Article 21 of this Circular

1. New application documents include:

a) A completed application form for the issuance of the Frequency Usage and Radio Equipment Permit according to Model 1a in Appendix 2 of this Circular;

b) A copy of the Telecommunications Network Establishment Permit related thereto;

c) A certified copy of the Identity Card or Passport still valid for individual applicants. In case of direct submission, a copy can be submitted along with the original for verification; or

A certified copy of the Business Household Registration Certificate for business households applying for the license. In case of direct submission, a copy and the original for verification may be submitted.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the Telecommunications Network Establishment Permit related to the application (if the previous permit has been changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 23. Time Limit for Processing Applications for Issuance of the Frequency Usage and Radio Equipment Permit

1. For applications for permits for amateur radio stations, ship radio stations, radio stations placed on fishing vessels, the Radio Frequency Management Department shall process the issuance, extension, amendment, and supplement to the content of the permit within ten working days from the date of receipt of complete and compliant documents.

For other cases, the Radio Frequency Management Department shall process the issuance, extension, amendment, and supplement to the content of the permit within twenty working days from the date of receipt of complete and compliant documents.

2. In special cases, if an organization or individual submits applications for issuance, amendment, and supplement to the content of the frequency usage permit within twenty working days, and the number of frequencies requiring allocation exceeds one hundred, then within five working days from the date of receipt of complete and compliant documents, the Radio Frequency Management Department shall notify in writing the reasons and the estimated processing time (maximum six months) to the organization or individual applying for the permit.‎‎reasons and estimated time for resolution (maximum six months) for organizations or individuals requesting a permit.

3. If the submitted documents are incomplete or non-compliant, within five working days from the date of receipt of the documents, the Radio Frequency Management Department shall be responsible for notifying and guiding in writing the organization or individual to supplement and perfect the documents.

4. In case of refusal to issue the permit, the Radio Frequency Management Department shall notify in writing the reasons for refusal to the organization or individual within the time limit specified in Clauses 1 and 2 of this Article.

5. In cases where frequency changes are necessary due to inability to resolve harmful interference, the processing time for issuing the permit shall not exceed ten working days from the date of the conclusion on the resolution of harmful interference.

Article 24. Authorities Receiving Applications and Issuing Licenses

Organizations and individuals requesting to be issued Frequency Usage Licenses and Radio Equipment Licenses shall submit applications and receive licenses at one of the following authorities (addresses are listed in Appendix 2 of the Circular or are specifically provided on the website of the Frequency Management Agency).www.cuctanso.vn and www.rfd.gov.vn)):

1. The Frequency Management Agency.

2. Regional Frequency Centers under the Frequency Management Agency.

3. Other coordinating authorities authorized by the Frequency Management Agency. The list of coordinating authorities is announced on the website of the Frequency Management Agency.

Section 2

ISSUANCE, EXTENSION, AMENDMENT, AND SUPPLEMENTATION OF CONTENT

FREQUENCY BAND LICENSE

 

Article 25. Application Documents for Issuance, Extension, Amendment, and Supplement of Content of Frequency Band Usage License

1. New application documents include:

a) For organizations and businesses that have won in auctions or been selected in competitive bidding for the right to use radio frequencies, they are not required to submit application documents for issuance of Frequency Band Usage Licenses and will be issued Frequency Band Usage Licenses after being granted relevant telecommunications licenses.

b) For organizations and businesses granted licenses through direct issuance, the application documents include:

- A declaration form for requesting issuance of Frequency Band Usage License according to Model 2 in Appendix 2 of this Circular;

- A copy of relevant telecommunications license.

2. Documents for extending the permit include:

a) A declaration form for requesting issuance of Frequency Band Usage License according to Model 2 in Appendix 2 of this Circular;

b) A copy of relevant telecommunications license (if there has been a change in the previously issued telecommunications license).

3. Amendment and supplementation application documents include:

a) A declaration form for requesting issuance of Frequency Band Usage License according to Model 2 in Appendix 2 of this Circular;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 26. Timeframe for Issuing Frequency Band Usage License

1. The Frequency Management Agency shall handle issuance, extension, amendment, and supplement of content of Frequency Band Usage Licenses as follows:

a) In cases of auction or competitive bidding for the right to use radio frequencies: issue new licenses within twenty working days from the date the organization or business wins the auction or is selected in the competitive bidding and receives a telecommunications license; extend, amend, or supplement the content of the license within sixty working days from the date of receiving complete and compliant application documents.

This provision does not apply if there are specific provisions in the Auction and Competitive Bidding Regulations.

b) In cases of direct issuance: issue new, extend, amend, or supplement the content of the license within sixty working days from the date of receiving complete and compliant application documents.

2. If the application documents are incomplete or non-compliant, within five working days from the date of receipt of the application documents, the Frequency Management Agency shall notify and guide in writing the organization or business to supplement and perfect the application documents.

3. In case of refusal to issue a license, the Frequency Management Agency shall notify in writing the reasons for refusal to the organization or business within the time limit specified in Clause 1 of this Article.

Article 27. Authorities Receiving Applications and Issuing Frequency Band Usage Licenses

The authority receiving applications and issuing Frequency Band Usage Licenses is the Frequency Management Agency (address: No. 115 Tran Duy Hung Street, Cau Giay District, Hanoi City).

Section 3

ISSUANCE, EXTENSION, AMENDMENT AND SUPPLEMENT OF CONTENT

FREQUENCY USAGE LICENSE AND SATELLITE ORBIT LICENSE

 

Article 28. Application Documents for Issuance, Extension, Amendment, and Supplement of Content of Frequency Usage and Satellite Orbit License

1. New application documents include:

a) A declaration form for requesting issuance of Frequency Usage and Satellite Orbit License according to Model 3 in Appendix 2 of this Circular;

b) A copy of relevant network establishment license.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of relevant network establishment license (if there has been a change in the previously issued license).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 29. Time for Processing Frequency License Issuance

1. The Radio Frequency Management Department shall examine and process the issuance, extension, amendment, and supplementation of the license content within a period not exceeding forty-five working days from the date of receipt of complete and compliant application files.

2. If the application documents are incomplete or non-compliant, within five working days from the date of receipt of the application documents, the Frequency Management Agency shall notify and guide in writing the organization or business to supplement and perfect the application documents.

3. In case of refusal to issue a license, the Frequency Management Agency shall notify in writing the reasons for refusal to the organization or business within the time limit specified in Clause 1 of this Article.

Article 30. Authority Receiving Application Files and Delivering Licenses

The authority receiving application files and delivering Frequency Usage and Satellite Orbit Licenses is the Radio Frequency Management Department (address: No. 115 Tran Duy Hung Street, Cau Giay District, Hanoi City).

Section 4

REVOCATION OF LICENSES FOR FREQUENCY USE

 

Article 31. Revocation of Radio Frequency Usage License

1. The revocation of the radio frequency usage license for organizations and individuals violating laws on radio frequencies as stipulated in Clause 1, Article 23 of the Radio Frequency Law is regulated as follows:

a) For cases prescribed in Points a and b of Clause 1, Article 23 of the Radio Frequency Law, the revocation of the radio frequency usage license shall be based on the decision of the Court or competent state agency.

b) For cases prescribed in Points c, d, and e of Clause 1, Article 23 of the Radio Frequency Law, the revocation of the radio frequency usage license shall be based on the conclusion of the Inspectorate or the result of the radio frequency inspection or the decision of the Court.

c) For the case prescribed in Point d of Clause 1, Article 23 of the Radio Frequency Law, the revocation of the radio frequency usage license shall be carried out if, sixty days from the date the competent authority sends a notice regarding fees, charges, or other financial obligations according to regulations, the organization or individual does not pay the full radio frequency fees or charges or does not fulfill the financial obligations.

d) For the case prescribed in Point g of Clause 1, Article 23 of the Radio Frequency Law, the revocation of the radio frequency usage license shall be carried out according to the decision to revoke the telecommunications license or broadcasting and television operation license.

2. Organizations and individuals must cease using the frequency and radio equipment according to the Decision to Revoke the Radio Frequency Usage License issued by the Radio Frequency Management Department.

3. The list of organizations and individuals whose radio frequency usage licenses have been revoked and‎reasons for revocation shall be publicly announced on the electronic information website of the Radio Frequency Management Department.

Chapter III

LEASING AND LOANING OF RADIO EQUIPMENT

 

Article 32. Regulations on Leasing and Lending of Radio Equipment

1. Organizations and individuals who are owners of ships, aircraft, river vessels, fishing vessels, amateur radio stations, and other means of transportation equipped with radio equipment (excluding earth satellites) may lease or lend their radio equipment that has been licensed to other organizations or individuals for exploitation.

2. The lessor, lender, and lessee, borrower of radio equipment must comply with the provisions in the Radio Frequency and Radio Equipment Usage License, the laws on radio frequencies, and other relevant laws. Violations of the laws on radio frequencies by the lessee, borrower, lessor, and lender of radio equipment shall be handled according to the regulations.

3. The lessor, lender of radio equipment shall be responsible for:

a) Ensuring that the lessee, borrower of radio equipment does not belong to the list of revoked radio frequency usage licenses publicly announced according to Clause 3, Article 31 of this Circular;

b) Checking and retaining during the leasing and lending period and one year after the termination of leasing and lending the following documents:

- A certified copy of the Identity Card or Passport still valid of the individual lessee, borrower; or

- A certified copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate of the organizational lessee, borrower;

- A certified copy of the Radio Operator Certificate of the lessee, borrower;

- The lease or loan contract for radio equipment.

Article 33. Conditions for renting or borrowing radio equipment

Organizations and individuals renting or borrowing radio equipment must meet the following conditions:

1. The subject renting or borrowing radio equipment shall be organizations, Vietnamese citizens; foreign organizations operating legally in Vietnam; foreigners using amateur radio stations.

2. The person directly operating the radio equipment belonging to maritime mobile, air mobile, and amateur radio services of the renter or borrower must have a radio operator certificate.

3. The subject renting or borrowing radio equipment shall not be on the list of entities whose radio frequency usage licenses have been revoked and publicly announced in accordance with Clause 3, Article 31 of this Circular.

Article 34. Contract for renting or borrowing radio equipment

1. In addition to complying with relevant legal provisions, the contract for renting or borrowing radio equipment must include the following information:

a) Name, address, contact phone number of the renter or borrower;

b) Number of the Radio Frequency Usage License and Radio Equipment Usage License;

c) Frequency used, communication time;

d) Term of rental or borrowing of radio equipment;

e) Date of delivery of radio equipment.

2. In case there is a change in the content of the Radio Frequency Usage License and Radio Equipment Usage License or a change in the information specified in Clause 1 of this Article, the contract must be amended and supplemented accordingly.

3. Within seven working days from the date of amendment, supplementation, or cancellation of the contract for renting or borrowing radio equipment, the organization or individual renting or borrowing radio equipment must send a written notice to the local Radio Frequency Center detailing the content of the amendment, supplementation, or cancellation of the contract.

Article 35. Procedures for renting or borrowing radio equipment

1. Organizations and individuals renting or borrowing radio equipment shall prepare a rental or borrowing dossier. The dossier includes:

a) Notification document about the rental or borrowing according to the form prescribed in Appendix 4 of this Circular;

b) Rental or borrowing contract.

2. At least five working days before delivering the radio equipment to the renter or borrower, the organization or individual renting or borrowing radio equipment must submit the rental or borrowing dossier to the local Radio Frequency Center.

3. The procedures for renting or borrowing amateur radio equipment for communication at locations other than those specified in the license and the relocation of amateur radio stations to another locality for operation shall be carried out in accordance with Point d, Clause 7, Article 21 of Decision No. 18/2008/QĐ-BTTTT dated April 4, 2008 of the Minister of Information and Communications on "Regulations on Amateur Radio Activities."

 

Chapter IV

SHARING OF RADIO FREQUENCIES

 

Article 36. Cases requiring shared use of radio frequencies

In addition to cases requiring shared use of frequencies as stipulated by the International Telecommunication Union, organizations and individuals using radio frequencies and equipment under the following circumstances must share radio frequencies with other organizations or individuals in accordance with the provisions of the Radio Frequency Usage License and Radio Equipment Usage License:

1. Private telecommunications networks using radio frequencies in mobile services with transmission power up to 10 W (excluding wireless information networks where the use of radio frequencies and equipment is related to human safety; internal wireless information networks).

2. Radio stations for communication with fishing vessels.

3. Shore stations (without a telecommunications service provision license).

Article 37. Provisions on exploitation on shared frequency bands

1. Adhere to the principle that communication shall only serve work purposes, be directed at the intended recipient, and comply with the usage purpose specified in the license.

2. Establish a call only when the radio frequency channel is idle and not in use by anyone, except in cases involving emergency rescue operations or human safety.

3. Must use the call signs prescribed in the Radio Frequency and Radio Equipment Usage License.

4. Ensure that the duration of each communication session is as brief as possible, not exceeding five minutes for each conversation.

Article 38. Procedures for exploitation on shared frequency bands

1. Before transmission, listen on the intended frequency to ensure it is idle.

2. Transmit call signs at the beginning and end of each call.

3. Permission is granted to switch to a backup frequency (as stipulated in the Radio Frequency Usage License) in case the primary assigned frequency is interfered with or being used by another organization or individual.

Article 39. Responsibilities of organizations and individuals using shared frequencies

1. Use encryption or other technical measures to ensure the confidentiality of information according to the code provided by the Radio Frequency Management Agency (for organizations and individuals requiring encryption services).

2. Report to the Radio Frequency Management Agency upon discovering unauthorized exploitation on shared frequency bands.

3. Shall not intentionally intercept and use information obtained from other radio stations operating on shared frequency bands.

Chapter V

IMPLEMENTATION

 

Article 40. Effectiveness

1. This Circular takes effect from May 8, 2015, and replaces Circular No. 24/2010/TT-BTTTT dated October 28, 2010, issued by the Minister of Information and Communications detailing and guiding procedures for issuing licenses for the use of radio frequencies; leasing and lending radio equipment; and sharing radio frequencies.

2. Any issues or difficulties arising during implementation should be promptly reported to the Ministry of Information and Communications (Radio Frequency Management Agency) for review, supplementation, and amendment./.