Decision No. 125/2009/QD-TTg on the National Radio Frequency Spectrum Plan

Pursuant to …;

Regarding the National Radio Frequency Spectrum Plan

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Post and Telecommunications Ordinance dated May 25, 2002;

Based on Decree No. 24/2004/NĐ-CP dated January 14, 2004 of the Government detailing the implementation of certain provisions of the Post and Telecommunications Ordinance concerning radio frequencies;

Considering the proposal of the Minister of Information and Communications,

DECISION:

Article 1. This Decision promulgates the National Radio Frequency Spectrum Plan to specify the division of the radio frequency spectrum into bands for radio services and to stipulate the purposes and conditions for using each band.

Article 2. Applicability

The National Radio Frequency Spectrum Plan applies to organizations and individuals participating in managing and using radio frequencies; organizations and individuals producing, trading, and importing radio equipment and radio wave application devices for use in Vietnam.

Article 3. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Provincial People's Committees

1. The Ministry of Information and Communications, based on the National Radio Frequency Spectrum Plan, shall have the responsibility to:

a) Issuing radio frequency plans; specific regulations on the management, exploitation, and use of radio frequencies within their authority;

b) Taking the lead and coordinating with the Ministry of National Defense and the Ministry of Public Security to develop allocation schemes for bands serving defense and security purposes to be submitted for approval;

c) Organizing guidance on the implementation of the National Radio Frequency Spectrum Plan and radio frequency plans, and the regulations specified in point a of this clause.

2. The Ministry of National Defense and the Ministry of Public Security, within their respective duties and powers, shall be responsible for managing and using radio frequencies allocated for defense and security purposes in accordance with the principle of economy, appropriate purpose, and compliance with the National Radio Frequency Spectrum Plan.

3. Ministries and ministerial-level agencies, within their respective duties and powers, shall be responsible for coordinating with the Ministry of Information and Communications to ensure that relevant economic and social development plans, security, and defense regulations related to the use of radio frequencies comply with the National Radio Frequency Spectrum Plan and the radio frequency plans specified in point a of Clause 1 of this Article.

4. Provincial People's Committees and municipal people's committees directly under the central government, within their respective duties and powers, shall be responsible for coordinating with the Ministry of Information and Communications to guide and inspect the implementation of the National Radio Frequency Spectrum Plan and the radio frequency plans specified in point a of Clause 1 of this Article within their local jurisdictions according to the分级处理此文本以符合长度限制。继续翻译剩余部分：

Article 4. Responsibilities of Organizations and Individuals Using Radio Frequency Spectrum

Organizations and individuals using radio frequency spectrum shall have the responsibility to:

1. Use the spectrum for designated radio services and under the conditions specified for each band in the National Radio Frequency Spectrum Plan and other laws governing radio frequency spectrum.

2. Implement frequency conversion for radio equipment and radio wave application devices used before the effective date of the National Radio Frequency Spectrum Plan if they no longer comply with the Plan. The conversion shall be carried out in accordance with current laws and specific guidelines issued by the Ministry of Information and Communications.

Article 5. Responsibilities of Organizations and Individuals Producing, Trading, Importing Radio Equipment, and Wave Application Devices

Organizations and individuals producing, trading, and importing radio equipment and radio wave application devices for use in Vietnam (except for temporary importation and re-exportation devices; devices for technology introduction at exhibitions and trade fairs) shall ensure that the radio equipment and radio wave application devices have operating bands and technical features suitable for radio services and usage conditions stipulated in the National Radio Frequency Spectrum Plan and other legal regulations on radio frequencies.

Article 6. Implementation Provisions

2. This Decision takes effect from December 15, 2009 and replaces Decision No. 336/2005/QĐ-TTg dated December 16, 2005 of The Prime Minister.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision./.