Joint Circular No. 10/2013/TTLT-BTTTT-BQP-BCA guiding the mechanism for cooperation in handling harmful interference among radio stations serving national defense, security, and socio-economic purposes.

JOINT CIRCULAR

Guidelines for the mechanism of coordination in handling harmful interference among radio stations serving defense, security purposes, and economic and social purposesPursuant to 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; 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;

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

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Information and Communications, the Minister of National Defense, and the Minister of Public Security issue this Joint Circular guiding the mechanism of coordination in handling harmful interference among radio stations serving defense, security purposes, and economic and social purposes.

This Joint Circular guides the mechanism of coordination between the Ministry of Information and Communications, the Ministry of National Defense, and the Ministry of Public Security in handling harmful interference among radio stations serving defense, security purposes, and economic and social purposes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular applies to agencies, units, organizations, and individuals related to handling harmful interference among radio stations serving defense, security purposes, and economic and social purposes under the Ministries of Information and Communications, National Defense, and Public Security.

Article 2. Applicability

Source of interference

Article 3. Explanation of Terms

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

1. is any source of emission, radiation, or induction that causes safety hazards or impedes, interrupts the operation of legally operating radio equipment and systems. Handling harmful interference

2. involves controlling and identifying the source of interference, determining the cause of harmful interference, and implementing measures to mitigate harmful interference. Shared frequency band

3. is the frequency band designated by the Prime Minister for shared use for economic and social purposes, national defense, and security, managed jointly by the Ministry of Information and Communications, the Ministry of National Defense, and the Ministry of Public Security. Civil station

4. is a radio station serving economic and social purposes licensed by the Ministry of Information and Communications. Military station

5. is a radio station serving national defense purposes permitted by the Ministry of National Defense. Security station

6. is a radio station serving national security and public order purposes permitted by the Ministry of Public Security. Coordination agency

7. is the competent authority representing each ministry responsible for coordinating the handling of harmful interference among radio stations serving defense, security purposes, and economic and social purposes. Article 4. Principles for Handling Harmful Interference

1. Coordination work in handling harmful interference must be carried out uniformly, promptly, effectively, and in compliance with Vietnamese laws and international treaties to which Vietnam is a party.

2. Units, organizations, and individuals using radio stations that do not meet technical standards and regulations on radio emissions, electromagnetic compatibility, and frequency usage as prescribed by current laws shall take measures to stop harmful interference.

3. The coordination agency shall organize the handling of harmful interference among radio stations according to the principles set forth in Article 38 of the Radio Frequency Law, and require units, organizations, and individuals using radio stations causing harmful interference to implement measures prescribed in Article 37 of the Radio Frequency Law to limit harmful interference.

4. In the shared frequency band, where no allocation has been made for defense and security purposes, the coordination agency shall prioritize protection of the following radio stations in order:

a) Radio stations serving safety, search and rescue, and disaster relief purposes licensed by the Ministry of Information and Communications for frequency and radio equipment use;

b) Military stations assigned frequencies by the Ministry of Information and Communications for stable and long-term use;

c) Security stations assigned frequencies by the Ministry of Information and Communications for stable and long-term use;

d) Civil stations licensed by the Ministry of Information and Communications for frequency and radio equipment use.

RESPONSIBILITIES FOR HANDLING HARMFUL INTERFERENCE

Chapter II

RESPONSIBILITY FOR HANDLING HARMFUL NOISE

Article 5. Competent authority for handling harmful interference

1. The Radio Frequency Management Department is the competent authority of the Ministry of Information and Communications.

2. The Telecommunications and Signal Corps is the competent authority of the Ministry of National Defense.

3. The Technical Operations Bureau I of the First Security General Department is the competent authority of the Ministry of Public Security.

Article 6. Responsibilities of the competent authority for handling harmful interference

1. Receiving and resolving reports of harmful interference:

a) The Radio Frequency Management Department receives and resolves reports of harmful interference from organizations and individuals using civilian stations.

b) The Telecommunications and Signal Corps receives and resolves reports of harmful interference from military units using military stations.

c) The Technical Operations Bureau I receives and resolves reports of harmful interference from public security units using security stations.

2. Providing relevant information about harmful interference to related competent authorities and sending requests for cooperation in handling.

3. Receiving requests for cooperation in handling harmful interference; taking the lead or coordinating with competent authorities under other ministries to organize the handling of harmful interference.

4. Directing units, organizations, and individuals using frequencies in areas affected by harmful interference to cooperate and facilitate the rapid and accurate identification of the source of harmful interference and effective handling of harmful interference.

5. Requesting units, organizations, and individuals operating radio stations within their management area causing harmful interference to repair, improve performance, cease operation of the radio station causing harmful interference, and implement measures to mitigate harmful interference.

Article 7. Leading competent authority for handling harmful interference

1. The Radio Frequency Management Department leads the organization of handling harmful interference in the following cases:

a) Harmful interference caused by civilian stations;

b) Harmful interference between military stations and security stations operating in shared frequency bands for defense and security purposes when the Telecommunications and Signal Corps or the Technical Operations Bureau I request to lead the organization of handling harmful interference;

c) Harmful interference between radio stations operating on Vietnamese territory and radio stations of another country;

d) Military stations and security stations being subjected to harmful interference but the Telecommunications and Signal Corps and the Technical Operations Bureau I have not identified the radio station causing harmful interference and request the Radio Frequency Management Department to organize the handling of harmful interference.

2. The Telecommunications and Signal Corps leads the handling of harmful interference caused by military stations.

3. The Technical Operations Bureau I leads the handling of harmful interference caused by security stations.

Chapter III

PROCEDURE FOR COOPERATION

Article 8. Procedure for cooperation in handling harmful interference among radio stations under the management of the Ministry of Information and Communications, the Ministry of National Defense, and the Ministry of Public Security

1. Receiving and resolving reports of harmful interference

a) The competent authority receives reports of harmful interference as prescribed in Clause 1, Article 6 of this Circular and organizes monitoring and identifying the radio station causing harmful interference.

b) The competent authority independently organizes the handling of harmful interference in cases where the harmful interference does not involve radio stations under the management of another ministry.

2. Requesting cooperation in handling harmful interference

a) The competent authority sends a document requesting cooperation in handling harmful interference (as prescribed in Appendix 1 of this Circular) to the related competent authority for handling harmful interference when it determines that the radio station causing harmful interference falls under the management of another ministry.

b) The Telecommunications and Signal Corps and the Technical Operations Bureau I send a document requesting cooperation in handling harmful interference to the Radio Frequency Management Department to organize the handling of harmful interference when military stations and security stations are subjected to harmful interference and the source of harmful interference has not been identified.

c) The Radio Frequency Management Department sends a document requesting cooperation in handling harmful interference to the Telecommunications and Signal Corps and the Technical Operations Bureau I to coordinate in organizing monitoring and identifying the source of harmful interference when civilian stations are subjected to harmful interference and the source of harmful interference has not been identified.

3. Cooperating in handling harmful interference

a) The competent authority receiving a document requesting cooperation in handling harmful interference handles harmful interference according to the responsibility allocation provisions in Article 7 of this Circular.

b) In cases where the competent authority identifies the radio station causing harmful interference under the management of another ministry, the competent authority implements as prescribed in point a, Clause 2 of this Article, while informing the requesting competent authority of the monitoring results (as prescribed in Appendix 2 of this Circular) and cooperating in handling harmful interference.

4. Notifying the results of handling harmful interference

After the harmful interference has been resolved, the leading competent authority for handling harmful interference must notify in writing the results of handling harmful interference to the requesting competent authority and the Interference Control Coordination Sub-committee of the Radio Frequency Management Committee within no more than three working days.

Article 9. Procedures for Coordinating the Handling of Harmful Interference Between Radio Stations Operating on the Territory of Vietnam and Those of Other Countries

1. In cases where military stations or security stations suffer harmful interference from radio stations of another country broadcasting to Vietnam:

a) The Telecommunications and Information Command, and the Technical Operations Bureau I shall send to the Radio Frequency Management Department a request for coordination in handling harmful interference according to the model attached as Appendix 1 of this Circular.

b) The Radio Frequency Management Department shall be responsible for leading and coordinating with the Telecommunications and Information Command, and the Technical Operations Bureau I to inspect and verify the radio station causing harmful interference, compare with the regulations of the International Telecommunication Union, and carry out the following contents:

- Completing the file and proceeding with international interference complaint procedures to the competent foreign management agencies and organizations;

- Organizing the monitoring of the results of handling harmful interference, providing and supplementing information to foreign management agencies and organizations currently handling harmful interference upon request;

- Notifying in writing to the Telecommunications and Information Command, and the Technical Operations Bureau I the reply document from the foreign management agency or organization regarding the results of handling harmful interference.

2. In cases where a competent foreign management agency or organization lodges a complaint about a Vietnamese radio station causing harmful interference:

a) The Radio Frequency Management Department shall accept the complaint of harmful interference from the competent foreign management agency or organization, inspect and verify the information about the radio station complained of, lead and organize the handling of harmful interference.

b) In cases where technical conditions are not sufficient or necessary information is lacking for verifying the source of interference, the Radio Frequency Management Department shall issue a document requesting the Telecommunications and Information Command, and the Technical Operations Bureau I to cooperate in organizing control, determining the location and area of the source of interference, and verifying information about the source of interference.

c) In cases where the source of interference is a military station or a security station, the Radio Frequency Management Department shall lead and coordinate with the Telecommunications and Information Command, and the Technical Operations Bureau I to organize the handling of harmful interference.

d) After completing the handling of harmful interference, the Radio Frequency Management Department shall be responsible for completing the file and proceeding with the notification procedures of the results of handling harmful interference to the foreign management agency or organization that lodged the complaint according to the regulations of the International Telecommunication Union.

Article 10. Time Limit for Handling Harmful Interference

1. The maximum time for the lead agency to implement the handling of harmful interference is 20 days from the date of receipt of the coordination request for handling harmful interference.

2. In cases where more than 20 days have passed since the date of receipt of the coordination request for handling harmful interference but the harmful interference has not been completed, the lead agency implementing the handling of harmful interference must notify in writing to the agency requesting coordination for handling harmful interference, clearly stating the reasons for the delay and the expected time to resolve the harmful interference.

3. In cases where more than 40 days have passed since the lead agency requested the entity, organization, or individual using the radio station causing harmful interference to take measures as stipulated in Clause 5, Article 6 of this Circular but the harmful interference has not been resolved, the lead agency implementing the handling of harmful interference shall compile the file and propose it to the Joint Sub-committee for Coordination - Interference Control for reporting to the Radio Frequency Management Committee to organize the coordination for handling harmful interference.

Chapter IV

IMPLEMENTATION

Article 11. Effective Date

This Circular takes effect from June 28, 2013.

Article 12. Responsibility for Implementation

1. Lead agencies, functional agencies of the Ministry of Information and Communications, the Ministry of National Defense, and the Ministry of Public Security shall be responsible for organizing the implementation and guiding and supervising the implementation of this Circular; at the same time, regularly informing each other about the situation and results of implementation.

2. During the implementation of this Circular, if there are difficulties, agencies and units shall report to the Ministry of Information and Communications, the Ministry of National Defense, and the Ministry of Public Security for timely guidance and resolution.