Circular No. 12/2012/TT-BTTTT stipulates on the examination and recruitment for the right to use radio frequency spectrum, applicable to enterprises participating in such examinations.

CIRCULAR

Article 24Regulations on the competitive bidding for the right to use radio frequency spectrum

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Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality, and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP of the Government detailing certain provisions of the Law on Product Quality; Pursuant to Decision No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain articles of Decision No.

Pursuant to the Law on Telecommunications dated November 23, 2009;

Decree No. 187/2007/Decree No. 249/2007/ND-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers of the Ministry of Information and Communications and Decree No. 50/2011/ND-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/ND-CP;The Minister of Information and Communications promulgates this Circular stipulating regulations on the competitive bidding for the right to use radio frequency spectrum,of ministries and ministerial-level agencies This Circular stipulates regulations on the competitive bidding for the right to use radio frequency spectrum.2007/Decree No. 249/2007/ND-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers of the Ministry of Information and Communications and Decree No. 50/2011/ND-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/ND-CP;1. Competitive bidding

for the right to use radio frequencies

This Circular applies to:(hereinafter referred to as "competitive bidding") is the process of selecting enterprises that have the right to use blocks of frequency bands and channels through the evaluation of the bidding dossier of enterprises according to the conditions specified in the bidding invitation dossier.Bidding invitation dossieris the entire set of documents serving the bidding process issued by the bidding committee to serve as the basis for enterprises to prepare their bidding dossiers and participate in the bidding.

Section I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Bidding dossier

Article 2. Interpretation of Terms

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

is the set of documents prepared and submitted directly to the bidding committee by the participating enterprise in accordance with the requirements specified in the bidding invitation dossier. Declaration Wireless Telecommunications is the document within the bidding dossier signed and stamped by the legal representative of the enterprise to confirm the authenticity of the information and undertake responsibilities as prescribed in the bidding invitation dossier.

2. 5. Certificate of archival business inspection results Minimum requirements training are the requirements stipulated in the bidding invitation dossier for enterprises when participating in the bidding, including: legal capacity requirements, financial and investment capacity, business capacity, technical and operational capacity, and human resources capacity of the enterprise.

3. Article 3. Principles of competitive bidding, eligible participants, frequency bands and channels subject to competitive bidding 1. The competitive bidding shall be conducted based on the principles of transparency, objectivity, honesty, equality, and protection of the rights and legitimate interests of all parties involved.

4. Commitment Letter 2. Eligible participants are enterprises meeting the conditions for consideration of issuance of telecommunications network establishment licenses as prescribed by telecommunications laws.

5. 3. Each participating enterprise may register its preferences for one or more blocks of frequency bands and channels during the bidding round (the maximum number of preferences equals the total number of frequency bands and channels being bid), but will only be allocated one block of frequency band or one or several channels if successful in the bidding as specified in the bidding invitation dossier. 4. For each period, the Minister of Information and Communications shall submit to the Prime Minister for decision the specific list of frequency bands and channels to be bid in accordance with the radio frequency spectrum planning.

Article 4. Bidding CommitteeFor 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.

The Bidding Committee consists of representatives from units entrusted with the management function of radio frequency spectrum, telecommunications, finance, and other units under the Ministry of Information and Communications. In cases where necessary, the Minister of Information and Communications may invite additional relevant agencies and organizations to send representatives to join the Bidding Committee.

The Radio Frequency Spectrum Management Agency is the permanent unit of the Bidding Committee.

Article 5. Responsibilities of the Ministry of Information and Communications, Bidding Committee

a) Establishing the Bidding Committee, setting out the operating rules of the Bidding Committee, and specifying the specific tasks of the permanent office of the Bidding Committee;

b) Approving the bidding invitation dossier;

c) Approving the results of the bidding.

2. The Bidding Committee has the responsibility to assist the Minister of Information and Communications in preparing the bidding invitation dossier and organizing the bidding in accordance with this Circular.

Article 5. Responsibilities of the Ministry of Information and Communications, Examination Board

1. The Ministry of Information and Communications shall have the responsibility:

a) Establishing the Examination Board, stipulating the operational regulations of the Examination Board, and defining specific tasks for the permanent office of the Examination Board;

b) Approving the Examination Invitation File;

c) Approving the examination results.

2. The Examination Board is responsible for assisting the Minister of Information and Communications in developing the Examination Invitation File and organizing the examination in accordance with this Circular.

Article 6. Examination Costs

1. Examination costs include:

a) Costs related to the preparation of the Invitation for Examination file;

b) Costs for the activities of the Examination Board and the working group assisting the Examination Board (if any);

c) Costs for hiring experts or inviting consultants (if any).

2. Examination costs shall be taken from the regular operating budget of the Radio Frequency Wavelengths Administration according to the approved estimate by the Minister of Information and Communications and shall be paid in accordance with current regulations.

3. Costs related to preparing the examination file are the responsibility of the participating enterprises.

Section II

INVITATION FOR EXAMINATION FILE AND EXAMINATION FILE

Article 7. Invitation for Examination File

The Invitation for Examination File includes:

1. Documents introducing the frequency band and channel being examined and the conditions for using the frequency band and channel;

2. Documents guiding necessary contents for developing the exploitation and utilization plan for the frequency band and channel;

3. Minimum requirements;

4. Scoring criteria and principles; scoring scale;

5. A sample commitment letter including commitments on the total investment amount into the network by stages, commitments to comply with forms and levels of penalties (including license revocation) when failing to fulfill commitments after obtaining telecommunications licenses or radio frequency usage licenses;

6. Other necessary documents serving the examination process.

Article 8. Examination File

The Examination File includes the following documents:

1. An application for examination in the prescribed form attached to this Circular;

2. Certified copy of the Business Registration Certificate or Enterprise Registration Certificate or Investment License;

3. The enterprise's charter and operational regulations;

4. Plan for exploiting and utilizing the frequency band and channel;

5. Commitment letter;

6. Documents proving compliance with minimum requirements;

7. Other documents as required by the Invitation for Examination File.

Section III

PROCEDURE FOR IMPLEMENTING THE EXAMINATION

Article 9. Announcement of Invitation for Examination

1. At least 30 days before issuing the Invitation for Examination file, the Examination Board announces the invitation for examination on the Ministry of Information and Communications' electronic information website, the Radio Frequency Wavelengths Administration's website, and other mass media.

2. The announcement of the invitation for examination includes the following main contents:

a) The frequency band and channel being examined;

b) Time and place for issuing the Invitation for Examination file;

c) Time and place, and method for submitting the Examination file;

d) Time and place for opening the Examination file.

Article 10. Submission of Examination File

1. Participating enterprises submit their Examination files to the Examination Board according to the announcement of the invitation for examination.

2. The Examination file of an enterprise shall be prepared in six copies, including one original copy, four duplicate copies, and one soft copy on a CD-ROM, packaged and sealed in accordance with the Invitation for Examination file.

3. After submitting the Examination file, the enterprise is not permitted to withdraw the file to supplement or amend it.

4. Before the time for opening the Examination file, the enterprise has the right to submit a request to withdraw its name from the list of participants but will not be able to retrieve the Examination file.

5. For Examination files that meet the conditions set out in Clauses 1 and 2 of this Article, the Examination Board shall confirm in writing to the enterprise that the Examination file has been received, clearly stating the date and time of receipt of the Examination file and confirming the sealing.

Article 11. Opening of Bidding Documents

1. The bidding committee shall organize the opening of bidding documents at the time and place specified in the bidding invitation notice.

2. Enterprises participating in the bidding shall send representatives to attend the opening of bidding documents. The opening of bidding documents shall be conducted strictly according to the prescribed time, regardless of whether the enterprise representatives are present or absent.

3. The procedure for opening bidding documents shall be carried out as follows:

a) Announce the participants;

b) Announce the number of bidding documents and the names of enterprises participating in the bidding;

c) Check the sealing of the bidding documents;

d) Open each set of documents sequentially and record in the minutes of the opening of bidding documents information on: name of enterprise; number of original sets, copies, and CD-ROMs;

đ) Approve the minutes of the opening of bidding documents;

e) Representatives of each enterprise and the bidding committee shall sign to confirm in the minutes of the opening of bidding documents. A copy of the minutes of the opening of bidding documents shall be sent to all enterprises that submitted bidding documents;

g) After the opening of bidding documents, the bidding committee shall sign to confirm on the original of all bidding documents and reseal the original. On the sealing paper, there must be signatures of one member of the bidding committee and the representative of the enterprise. Preliminary screening and examination of bidding documents will be based on the copies. The original of the bidding documents will be kept and stored at the Ministry of Information and Communications after the bidding results are announced.

Article 12. Clarification of Content of Bidding Invitation Documents and Bidding Documents

1. During the preparation of bidding documents, enterprises have the right to request the bidding committee to clarify the contents of the bidding invitation documents. The clarification of the bidding invitation documents must be answered in writing by the bidding committee.

2. During the preliminary screening and examination, the bidding committee has the right to request enterprises to clarify the contents in the bidding documents if necessary. The clarification of the bidding documents only serves to explain unclear contents and does not have the value to amend or supplement the contents of the bidding documents. The clarification of the bidding documents must be expressed in writing by the enterprise.

3. In case of necessity, the bidding committee has the right to organize an inspection team to verify the accuracy of the data in the bidding documents. The bidding enterprise has the responsibility to cooperate with the inspection team to verify the data if requested.

Article 13. Preliminary Screening of Bidding Documents

1. The bidding committee shall conduct preliminary screening of bidding documents of enterprises based on criteria: completeness and validity; meeting the minimum requirements stipulated in the bidding invitation documents.

2. The bidding documents of an enterprise shall be considered qualified for the preliminary screening round if they meet the requirements stipulated in Clause 1 of this Article.

3. In case no enterprise has bidding documents qualified for the preliminary screening round, the bidding committee shall declare that no enterprise meets the criteria to proceed with the examination round, and no enterprise is qualified.

Article 14. Examination of Bidding Documents

1. The bidding committee shall conduct the examination of bidding documents of enterprises qualified for the preliminary screening round according to the scoring criteria, point scale, and marking principles stipulated in the bidding invitation documents.

2. The bidding committee shall establish a score list of enterprises in descending order from highest to lowest points. If two or more enterprises have the same score, the bidding committee shall organize a draw among these enterprises to determine their ranking in the score list.

3. The bidding committee shall prepare a record of the examination results and report the examination results to the Ministry of Information and Communications.

4. After the Minister of Information and Communications approves the examination results, the bidding committee shall notify the examination results in writing to all enterprises participating in the bidding, publish the examination results on the electronic information website of the Ministry of Information and Communications and the Radio Frequency Management Department.

5. In case the winning enterprise's examination result is canceled according to Article 15 of this Circular, the enterprise ranked immediately below the winning enterprises in the score list shall be declared the winning enterprise.

Article 15. Annulment of Examination Results

The examination results of enterprises shall be annulled in the following cases:

1. There is collusion among the participating parties in the examination or among the participating enterprises.

2. The successful enterprise does not comply with the laws on telecommunications, radio frequency spectrum, and the provisions in the Examination Invitation Document to obtain a telecommunications license and a radio frequency spectrum usage license.

Article 16. Re-examination

1. If deemed necessary, the Ministry of Information and Communications may decide to re-examine all or some blocks of frequency bands and channels.

2. A full re-examination of frequency bands and channels shall be conducted in the following cases:

a) No enterprise submits an Examination Application Form or no enterprise passes the preliminary screening round;

b) All successful enterprises have their examination results annulled.

3. A partial re-examination of some blocks of frequency bands and channels shall be conducted if the successful enterprise has not been determined.

4. The procedures and formalities for the re-examination shall be carried out as in the initial examination.

Section IV

ISSUANCE OF LICENSES AND USE OF RADIO FREQUENCY SPECTRUM

Article 17. Issuance of Telecommunications Licenses and Radio Frequency Spectrum Usage Licenses

1. The successful enterprise shall comply with the laws on telecommunications, radio frequency spectrum, and the provisions in the Examination Invitation Document to obtain a telecommunications license and a radio frequency spectrum usage license.

2. Successful enterprises have the right to choose frequency band blocks and channels in accordance with the corresponding points from highest to lowest after obtaining a telecommunications license.

Article 18. Revocation of Radio Frequency Spectrum Usage Licenses

The successful enterprise shall have its radio frequency spectrum usage license revoked according to the provisions of Article 23 of the Radio Frequency Spectrum Law and in cases of serious violations of the commitments set forth in the Examination Invitation Document.

Article 19. Responsibilities of Enterprises Granted Radio Frequency Spectrum Usage Licenses Through Examinations

Enterprises granted radio frequency spectrum usage licenses through examinations shall bear the following responsibilities:

1. Fulfill the contents of the Commitment Letter;

2. Pay licensing fees and usage fees for radio frequency spectrum as stipulated by law;

3. Fulfill other obligations as prescribed by law.

Section V

IMPLEMENTATION

Article 20. Implementation

1. This Circular takes effect from December 1, 2012.

2. During the implementation process, if any issues arise or difficulties occur, organizations and individuals shall promptly report them to the Ministry of Information and Communications for review, supplementation, and amendment./.