Decision No. 22/2005/QD-BTC promulgates the fee levels for frequency assignment licenses and the usage fees for radio frequencies.

DECISION OF THE MINISTER OF FINANCE

Issuing the fee for issuing radio frequency licenses and the charge for using radio frequencies

And the charge for using radio frequencies

THE MINISTER OF FINANCE

Pursuant to the Ordinance on Fees and Charges dated August 28, 2001;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to Decree No. 24/2004/NĐ-CP dated January 14, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding radio frequencies;

After reaching consensus with the Ministry of Posts and Telecommunications via Circular No. 220/BBCVT-KHTC dated February 23, 2005 and upon the proposal of the Director of the Enterprise Finance Department,

DECISION:

Article 1. This Decision annexes the Table of fees for issuing radio frequency licenses and charges for using radio frequencies (hereinafter referred to collectively as radio frequency fees and charges).

Radio frequency fees and charges shall be collected in Vietnamese Dong. In cases where organizations or individuals wish to pay the fees and charges in US dollars (USD), they must convert them into Vietnamese Dong at the average inter-bank exchange rate published by the State Bank of Vietnam at the time of payment.

Article 2. Subjects liable to pay radio frequency fees and charges

1. The subjects liable to pay radio frequency fees and charges according to the rates stipulated in Article 1 of this Decision are organizations and individuals who have been granted radio frequency licenses by competent state authorities in accordance with the law.

2. Temporarily not collecting usage charges from the following entities:

a) Radio broadcasting stations of diplomatic missions, consular offices of foreign countries, and representative offices of international organizations in Vietnam, and high-level delegations from foreign countries visiting Vietnam that are entitled to diplomatic privileges and immunities;

b) Radio broadcasting stations directly serving national security and defense;

c) Radio broadcasting stations using frequencies designated for disaster prevention and mitigation communication networks under the Central Steering Committee for Flood and Storm Control; local flood and storm control command posts; water resources, meteorology and hydrology, postal services, and other cases to serve disaster prevention and mitigation. The period exempt from usage charges for radio frequencies is calculated based on the duty roster established by the Central Steering Committee for Flood and Storm Control;

d) Radio broadcasting stations directly serving search and rescue operations as required by the National Committee for Search and Rescue;

đ) Radio broadcasting stations of charitable organizations serving humanitarian activities;

e) Special radio broadcasting stations directly serving central Party and Government directives;

f) Emergency and rescue frequencies used by radio broadcasting stations in accordance with current regulations.

Article 3. Some specific application scenarios are as follows:

For radio and television transmitters of county, commune, or equivalent administrative units' radio and television stations, the usage charge for radio frequencies shall be 30% of the prescribed rate.

For radio and television transmitters of provincial radio and television stations, the usage charge for radio frequencies shall be 50% of the prescribed rate (except for radio transmitters of Voice of Vietnam; television transmitters of Vietnam Television; radio and television transmitters of municipal stations directly under the central government which must pay the full prescribed fees and charges).

Article 4. The Radio Frequency Management Agency under the Ministry of Posts and Telecommunications shall organize the collection of radio frequency fees and charges (hereinafter referred to as the fee collection agency).

Annually, the fee collection agency shall remit 25% (Twenty-five percent) of the total amount of collected radio frequency fees and charges to the state budget. The fee collection agency may retain 75% (Seventy-five percent) of the total amount of collected radio frequency fees and charges to cover expenses related to the collection of fees and charges as regulated and management costs for radio frequencies.

The retained funds mentioned above shall be used in accordance with Circular No. 95/2003/TT-BTC dated October 10, 2003 of the Ministry of Finance guiding financial regulations for the Radio Frequency Management Agency.

For radio frequency licenses issued before the effective date of this Decision but still valid after its effective date, there will be no retroactive collection or refund of the difference in radio frequency fees and charges according to the Table of Collection Rates set forth in this Decision.

Article 5. Procedures for registration, declaration, collection, and payment of radio frequency fees and charges; receipts for fees and charges; accounting treatment of fees and charges shall be carried out in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of legal provisions on fees and charges.

Article 6. This Decision shall take effect 15 days after its publication in the Official Gazette. This Decision replaces Decision No. 69/2001/QĐ-BTC dated July 6, 2001 of the Minister of Finance on the collection rates for issuing radio frequency license fees and radio frequency usage charges; and replaces the retention ratio for the operation of the Radio Frequency Management Agency and the ratio for state budget contributions stipulated in Circular No. 95/2003/TT-BTC dated October 10, 2003 of the Ministry of Finance guiding financial regulations for the Radio Frequency Management Agency./.