Decree No. 102/ND-LB on the issuance of the Regulation on the management of radio receiving and transmitting equipment, spare parts for radio transmitters, high-power lamps, and production, repair, and sale activities of radio receiving and transmitting equipment and their spare parts.

DECREE

JOINT MINISTRY OF TRANSPORT AND POSTS - PUBLIC SECURITY DECREE NO. 102/NĐ-LB
ISSUED ON NOVEMBER 6, 1959 REGARDING THE REGULATIONS ON MANAGEMENT OF RECEIVERS, TRANSMITTERS, PARTS FOR TRANSMITTERS, HIGH-POWER LIGHTS, AND PRODUCTION, REPAIR, PURCHASE, AND SALE FACILITIES FOR RECEIVERS, TRANSMITTERS, AND PARTS FOR RECEIVER AND TRANSMITTERS WITHOUT WIRES
MINISTER OF TRANSPORT AND POSTS

BASED ON THE DECREE NO. 344/TTg OF SEPTEMBER 25, 1959 OF THE PRIME MINISTER ON THE MANAGEMENT OF RECEIVERS, TRANSMITTERS, PARTS FOR TRANSMITTERS WITHOUT WIRES, HIGH-POWER LIGHTS, AND PRODUCTION, REPAIR, PURCHASE, AND SALE FACILITIES FOR RECEIVERS, TRANSMITTERS, AND PARTS FOR RECEIVER AND TRANSMITTERS WITHOUT WIRES;

THE MINISTER OF PUBLIC SECURITY

TO ENSURE GOOD WIRELESS COMMUNICATION AND TO PROTECT THE ECONOMIC CONSTRUCTION EFFORT FROM BAD ELEMENTS WHO MIGHT ABUSE WIRELESS COMMUNICATION DEVICES FOR ILLEGAL PURPOSES;

NOW ISSUE THE REGULATIONS ON MANAGEMENT OF RECEIVERS, TRANSMITTERS, PARTS FOR TRANSMITTERS WITHOUT WIRES, HIGH-POWER LIGHTS, AND PRODUCTION, REPAIR, PURCHASE, AND SALE FACILITIES FOR RECEIVERS, TRANSMITTERS, AND PARTS FOR RECEIVER AND TRANSMITTERS WITHOUT WIRES ACCOMPANYING THIS DECREE.

DECREE

Article 1: THE SECRETARY OF THE OFFICE, THE DIRECTOR OF THE POSTS GENERAL DEPARTMENT OF THE MINISTRY OF TRANSPORT AND POSTS, THE SECRETARY OF THE OFFICE, THE DIRECTOR OF THE PUBLIC ORDER DEPARTMENT OF THE MINISTRY OF PUBLIC SECURITY, AND THE COMMITTEE OF ADMINISTRATION OF THE PROVINCES AND CITIES ARE RESPONSIBLE FOR ENFORCING THIS DECREE.

Article 2: REGARDING THE ISSUE OF ISSUING THE REGULATIONS ON MANAGEMENT OF RECEIVERS, TRANSMITTERS, PARTS FOR TRANSMITTERS WITHOUT WIRES, HIGH-POWER LIGHTS, AND PRODUCTION, REPAIR, PURCHASE, AND SALE FACILITIES FOR RECEIVERS, TRANSMITTERS, AND PARTS FOR RECEIVER AND TRANSMITTERS WITHOUT WIRES

 NGUYEN VAN TRAN

CHARTER

THESE REGULATIONS PROVIDE DETAILS FOR IMPLEMENTATION OF THE DECREE NO. 344/TTg OF SEPTEMBER 25, 1959 OF THE PRIME MINISTER ON THE MANAGEMENT OF RECEIVERS, TRANSMITTERS, PARTS FOR TRANSMITTERS WITHOUT WIRES, HIGH-POWER LIGHTS, AND PRODUCTION, REPAIR, PURCHASE, AND SALE FACILITIES FOR RECEIVERS, TRANSMITTERS, AND PARTS FOR RECEIVER AND TRANSMITTERS WITHOUT WIRES.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1: THESE REGULATIONS DO NOT APPLY TO RECEIVERS AND TRANSMITTERS WITHOUT WIRES USED IN THE BUSINESS OF MILITARY, POLICE, AND POSTAL AUTHORITIES.

Article 2: II. REGISTRATION AND APPLICATION FOR CERTIFICATES FOR VARIOUS TYPES OF RECEIVERS

WIRELESS TELEVISION, RADIO, AND AMPLIFIER TRANSMITTERS, ETC.
ORGANIZATIONS OR INDIVIDUALS WITH WIRELESS TELEVISION, RADIO, AND AMPLIFIER TRANSMITTERS USING ELECTRONIC TUBES OR SEMICONDUCTORS, FIXED OR MOBILE (INCLUDING MACHINES INSTALLED ON TRAINS, AUTOMOBILES, SHIPS, ETC.) MUST REGISTER AND APPLY FOR A CERTIFICATE AT THE PROVINCE OR CITY POSTS DEPARTMENT.
THE PROCEDURE FOR REGISTRATION AND APPLICATION FOR A CERTIFICATE IS AS FOLLOWS:

Article 3: a- THE PERSON WITH THE MACHINE (OR THE AUTHORIZED REPRESENTATIVE IF THE MACHINE BELONGS TO AN ORGANIZATION) MUST PERSONALLY REGISTER (FOLLOWING THE PREPRINTED FORM OF THE POSTS DEPARTMENT) AT THE PROVINCE OR CITY POSTS DEPARTMENT TO APPLY FOR A CERTIFICATE;

Article 4: b- ORGANIZATIONS OR INDIVIDUALS WHO ARE FAR FROM THE PROVINCE OR CITY POSTS DEPARTMENT BUT HAVE MACHINES SHALL REGISTER AT NEARBY POSTS BRANCHES TO REQUEST TRANSFER TO THE PROVINCE OR CITY POSTS DEPARTMENT TO APPLY FOR A CERTIFICATE;

c- THE FEE FOR APPLYING FOR A CERTIFICATE IS ONE HO (0D10).

ORGANIZATIONS OR INDIVIDUALS WITH MACHINES PRIOR TO THE EFFECTIVE DATE OF THESE REGULATIONS MUST COMPLETE REGISTRATION AND APPLICATION FOR A CERTIFICATE WITHIN 15 DAYS FROM THE EFFECTIVE DATE OF THESE REGULATIONS. IF THEY HAVE MACHINES AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, THEY MUST COMPLETE REGISTRATION AND APPLICATION FOR A CERTIFICATE WITHIN 15 DAYS FROM THE DATE OF PURCHASE.

FIXED MACHINES THAT MOVE TO ANOTHER PROVINCE OR CITY MUST SUBMIT THE OLD CERTIFICATE TO THE NEW PROVINCE OR CITY POSTS DEPARTMENT TO APPLY FOR A NEW CERTIFICATE WITHIN 15 DAYS FROM THE DATE OF ARRIVAL AT THE NEW LOCATION.

Article 5: ORGANIZATIONS OR INDIVIDUALS WITH SIMPLE GALLEN BROADCAST RECEIVERS ARE EXEMPT FROM REGISTRATION AND APPLICATION FOR A CERTIFICATE.

Article 6: III. INSTALLATION AND USE OF WIRELESS TRANSMITTERS

Article 7: ORGANIZATIONS OR INDIVIDUALS WHO WANT TO INSTALL AND USE WIRELESS TRANSMITTERS OF ANY POWER AND FOR ANY PURPOSE ON THE TERRITORY OF THE DEMOCRATIC REPUBLIC OF VIETNAM MUST SUBMIT A PERMIT APPLICATION TO THE POSTS GENERAL DEPARTMENT OR THE PROVINCE OR CITY POSTS DEPARTMENT FOR TRANSFER TO THE MINISTRY OF TRANSPORT AND POSTS FOR CONSIDERATION AND ISSUANCE OF A PERMIT. INSTALLATION AND USE CAN ONLY BE DONE AFTER OBTAINING THE PERMIT. THIS PERMIT REPLACES THE PERMIT FOR PURCHASING A WIRELESS TRANSMITTER.

THE PERMIT APPLICATION FOR INSTALLATION AND USE OF WIRELESS TRANSMITTERS MUST INCLUDE THE FOLLOWING ITEMS:

Article 8: - PURPOSE OF INSTALLATION;

Article 9: - LOCATION AND HEADQUARTERS WHERE THE MACHINE WILL BE INSTALLED (WITH A DIAGRAM);

- SPECIFICATIONS OF THE TRANSMITTER;

- TRANSMISSION POWER;

- FREQUENCY BAND;

- TYPE OF SERVICE;

- SOURCE AND SUPPLY POWER CHARACTERISTICS;

- OPERATING PROGRAM AND RANGE.

ORGANIZATIONS OR INDIVIDUALS WITH WIRELESS TRANSMITTERS PRIOR TO THE EFFECTIVE DATE OF THESE REGULATIONS MUST SUBMIT A PERMIT APPLICATION AND REGISTER IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLES 8 AND 9 WITHIN 15 DAYS FROM THE EFFECTIVE DATE OF THESE REGULATIONS FOR CONSIDERATION OF PERMIT ISSUANCE. WHILE AWAITING PERMIT ISSUANCE, CONTINUOUS USE WILL BE DECIDED BY THE MINISTRY OF TRANSPORT AND POSTS.

ORGANIZATIONS OR INDIVIDUALS PERMITTED TO INSTALL AND USE WIRELESS TRANSMITTERS, WHEN DESIRING TO CHANGE ANY OF THE ITEMS LISTED IN ARTICLE 9 (MOVING HEADQUARTERS, CHANGING ANTENNA POSITION, CHANGING SERVICE TYPE, ETC.), MUST OBTAIN PERMISSION FROM THE MINISTRY OF TRANSPORT AND POSTS BEFORE MAKING ANY CHANGES.

Article 10: IV. PRODUCTION, REPAIR, PURCHASE, AND SALE OF RECEIVERS, TRANSMITTERS, AND PARTS

Article 11: ORGANIZATIONS OR INDIVIDUALS WHO WANT TO OPEN A BUSINESS FOR PRODUCTION, REPAIR, PURCHASE, AND SALE OF RECEIVERS, TRANSMITTERS, AND PARTS WITHOUT WIRES MUST APPLY FOR A LICENSE AT THE PROVINCE OR CITY PUBLIC SECURITY DEPARTMENT WHERE THE BUSINESS WILL BE LOCATED. ONLY AFTER OBTAINING THE LICENSE CAN THE BUSINESS BE OPENED.

THE APPLICATION PROCEDURE MUST BE COMPLETED AS FOLLOWS:
MINISTER OF TRANSPORT AND POSTS

Article 12: - A LICENSE APPLICATION FORM;

Article 13: - A RESUME OF THE PERSON RESPONSIBLE FOR THE BUSINESS WITH THREE RECENT PHOTOGRAPHS (SIZE 4X6 CM, WITHOUT HATS, SLIGHTLY SIDED TO THE LEFT);

- A LIST OF EMPLOYEES WORKING IN THE BUSINESS;

- A LIST OF EQUIPMENT AND TOOLS USED FOR PRODUCTION, REPAIR, AND SALE.

ORGANIZATIONS OR INDIVIDUALS PERMITTED TO OPEN A BUSINESS FOR PRODUCTION, REPAIR, PURCHASE, AND SALE OF RECEIVERS, TRANSMITTERS, AND PARTS WITHOUT WIRES MUST KEEP STATISTICAL RECORDS AND INVENTORY BOOKS ACCORDING TO THE GUIDELINES PROVIDED BY THE PROVINCE OR CITY PUBLIC SECURITY DEPARTMENT WHERE THE BUSINESS IS LOCATED.

IF THERE IS A NEED TO CHANGE THE SPECIFICATIONS OR PRODUCTS ALREADY REGISTERED IN PRODUCTION, THE BUSINESS OWNER MUST APPLY FOR PERMISSION FROM THE PROVINCE OR CITY POSTS DEPARTMENT. ONLY AFTER OBTAINING PERMISSION CAN THE CHANGES BE MADE.

Article 14: Organizations or individuals permitted to open establishments for the production, repair, purchase, and sale of radio transceiver machines and their spare parts must maintain statistical registers and goods import-export registers according to the models prescribed by the Provincial or Municipal Public Security Department where the establishment is located.

Article 15: If changes to the model or specifications of the products already declared are desired during production, the owner of the production establishment must apply for permission from the Provincial or Municipal Posts and Telecommunications Department. Such changes may only be made upon obtaining approval.

Article 16: Organizations or individuals who have opened establishments for production, repair, purchase, and sale of radio receiving and transmitting equipment and parts before the issuance of this regulation must submit applications for permission as stipulated in Articles 12 and 13 and declare the types of radio receiving and transmitting equipment and parts already available at the Provincial Public Security Department within fifteen days from the date of implementation of this regulation.

While awaiting the issuance of the permit, these establishments may continue their business operations.

Article 17: To purchase radio transmitting equipment, transmitting equipment parts, and high-power lamps, the following procedures must be followed:

a- Purchasing radio transmitting equipment requires a permit for installation and use as specified in Article 8;

b- Establishments that have been permitted to engage in the purchase, sale, repair of radio receiving and transmitting equipment and parts, whenever they wish to purchase radio transmitting equipment, transmitting equipment parts, and high-power lamps for sale or repair, must present their inventory records to the Postal Department for examination and certification before making such purchases.

c- Organizations or individuals permitted to use radio transmitting equipment when it is damaged must clearly report the faulty part and its condition to the Postal Department to apply for repair certification or a certificate for purchasing new parts.

d- Organizations or individuals possessing radio receiving equipment or equipment using high-power lamps, in cases where the high-power lamp is damaged and they wish to purchase a new one, must submit the damaged lamp to the selling or repairing establishment along with proof of certification and identification for the establishment to record in their logbook. Monthly, these establishments will submit the number of damaged lamps to the Postal Department.

Article 18: Organizations or individuals permitted to open establishments for production, repair, purchase, and sale of radio receiving and transmitting equipment and parts can only buy and sell and repair radio transmitting equipment, transmitting equipment parts, and high-power lamps for those persons holding permits as prescribed in Articles 8 and 17.

V-STORAGE AND TRANSPORTATION OF RADIO TRANSMITTING EQUIPMENT, TRANSMITTING EQUIPMENT PARTS, AND HIGH-POWER LAMPS
V-STORAGE AND TRANSPORTATION OF RADIO TRANSMITTING EQUIPMENT, TRANSMITTING EQUIPMENT PARTS, AND HIGH-POWER LAMPS

Article 19: Only establishments permitted to produce, repair, purchase, and sell radio receiving and transmitting equipment and parts may store radio transmitting equipment, transmitting equipment parts, and high-power lamps, with the quantity stored being consistent with the quantity of goods imported and exported and the relevant production, repair, and sales documentation.

Article 20: Organizations or individuals possessing radio transmitting equipment, transmitting equipment parts, and high-power lamps (including high-power lamps used in film projectors, nylon sealers, etc.) must declare them to the Postal Department of the province or city within fifteen days from the date of implementation of this regulation for review of usage.

Article 21: To transport radio transmitting equipment, transmitting equipment parts, and high-power lamps, organizations or individuals must apply for transportation permits from the Postal Department of the province or city. Only after obtaining the permit may transportation take place.

In the following cases, transportation permits from the Postal Department are not required:

a- Transporting from the selling or repairing establishment to the home may use the permit specified in Article 8 and point C of Article 17.

b- When relocating the office, the relocation permit specified in Article 11 may be used.

Military, police, and postal agencies when moving radio transmitting equipment and transmitting equipment parts may use the relocation certification issued by their agency.

VI- IMPLEMENTATION PROVISIONS

Article 22: The Postal Departments and Provincial Public Security Departments are responsible for supervising the enforcement of this regulation.

Regarding technical matters, the Postal Departments are tasked with regularly inspecting radio transmitting equipment that has been granted permits as specified in Article 8 to certify necessary actions.

Article 23: Postal and public security agencies responsible for supervision must prepare records and temporarily seize radio receiving and transmitting equipment, transmitting equipment parts, and high-power lamps due to illegal production, repair, purchase, sale, storage, and transportation.

Article 24: Actions violating the provisions of this regulation will be punished according to Article 5 of Decree No. 344/TTg dated September 25, 1959, of the Government Prime Minister.

Article 25: These Bylaws shall take effect from December 1, 1959, all provisions contrary to these Bylaws prior to this date shall be abolished.

Issued together with Decree No. 102/NĐLB dated November 6, 1959 of the Ministry of Transport and Posts and Telecommunications and the Ministry of Public Security.