Joint Circular No. 224/TTLB guiding the implementation of Decision No. 158/CT dated May 18, 1991 of the Chairman of the Council of Ministers on collecting fees for "granting and protecting radio frequency VT frequencies"

CIRCULAR

OF THE MINISTRY OF FINANCE - MINISTRY OF TRANSPORT AND POST AND TELECOMMUNICATIONS
JOINT CIRCULAR NO. 224/TT-LB DATED NOVEMBER 25, 1991 GUIDING THE IMPLEMENTATION OF THE DECISION NO. 158/CT DATED MAY 18, 1991 OF THE CHAIRMAN OF THE STATE COUNCIL OF MINISTERS ON THE COLLECTION OF FEES FOR "ISSUANCE AND PROTECTION OF VT RADIO FREQUENCIES"

Implementing Decision No. 158/CT dated May 18, 1991 of the Chairman of the State Council of Ministers on the collection of fees for "Issuance and Protection of VT Radio Frequencies," the Ministry of Finance - Ministry of Transport and Post and Telecommunications guides the implementation as follows:

I - PURPOSE OF COLLECTING FEES FOR "ISSUANCE AND PROTECTION OF VT RADIO FREQUENCIES"

VT radio frequencies are a national resource, occupying an increasingly important position in serving economic and social development, ensuring security, and reinforcing national defense in our country. However, as a limited resource, they must be exploited, utilized rationally and effectively, and strictly managed and monitored.

AT In our country, the management and control of radio frequencies have existed for a long time, but due to the prolonged planned economy system, the state has not yet had specific regulations on collecting fees for using frequencies as other countries have done. This has greatly affected the exploitation and utilization of frequencies in our country.

The collection of fees for "Issuance and Protection of VT Radio Frequencies" according to Decision No. 158/CT of the Chairman of the State Council of Ministers aims to strengthen research, exploitation, and management of frequencies to ensure their rational and effective use. Collecting these fees is a source of revenue for the state budget, mainly used to fund research, management, and monitoring of VT radio frequencies.

II - OBJECTS OF COLLECTION AND EXEMPTION FROM OR REDUCTION IN FEES
"ISSUANCE AND PROTECTION OF VT RADIO FREQUENCIES"

The objects of collecting fees for "Issuance and Protection of VT Radio Frequencies" have been defined in point b, Article 1 of Decision 158/CT - Joint Circular of the Ministry of Finance - Ministry of Transport and Post and Telecommunications guiding specifically as follows:

1- Objects of Collection: All organizations and individuals both within and outside the country operating in Vietnam who use radio transmitters and frequencies must pay the fees for "Issuance and Protection of VT Radio Frequencies" stipulated in this Circular, including economic units of the Ministry of National Defense, Ministry of Interior, and communication units of the Ministry of Foreign Affairs, except as provided in point 3 below:

Diplomatic missions, consulates, and representative offices of international organizations in Vietnam currently enjoy diplomatic status and are temporarily exempt from paying the aforementioned fees.

2- Objects of 50% Reduction: The following objects are entitled to a 50% reduction in the fees for "Issuance and Protection of VT Radio Frequencies":

- Radio stations operating seasonally at points along river banks to report water levels and forecast floods.

- Broadcasting and television stations.

- Radio stations of the Post and Telecommunications sector serving communication in border provinces in the North and Southwest, including Son La, Yen Bai, Tuyen Quang, Bac Thai, Gia Lai, Kon Tum, Dak Lak, Lam Dong.

- Amateur radio stations in schools for teaching and learning purposes.

3- Objects Exempted from Payment: The following objects are exempted from paying the fees for "Issuance and Protection of VT Radio Frequencies":

- Radio stations serving security and defense.

- Radio stations serving emergency flood and storm response and other natural disasters.

- Radio stations serving charitable activities.

- Special-purpose radio stations serving central and government directives.

III - AMOUNTS OF COLLECTION, RATES OF COLLECTION, AND ORGANIZATION OF COLLECTION OF FEES FOR "ISSUANCE AND PROTECTION OF VT RADIO FREQUENCIES"

1- Principles for Determining Rates of Collection:

a) Only two rates of collection are specified: One rate for domestic organizations and individuals and another rate for foreign organizations and individuals based on the power of the transmitter and the duration of use.

For foreign organizations and individuals, the collection is made in foreign currency (US dollars) at a level equivalent to the average of Southeast Asian countries. AFor domestic organizations and individuals, the rate is lower, and will be adjusted gradually when conditions permit.

b) The rates will increase or decrease when the price index announced by the state increases or decreases by 20% or more, as prescribed by the Ministry of Finance - Ministry of Transport and Post and Telecommunications.

2- Amounts of Collection:

There are the following amounts of fees for "Issuance and Protection of VT Radio Frequencies":

a) Fee for issuing a license to use a radio transmitter and frequency (for network organization survey, equipment inspection, frequency research, assignment, and other matters for each registration): collected once upon issuance of the license.

Each time the license is renewed (when the previous license has expired):

If there is no change in the content of the license: collected at 20% of the initial license issuance fee.

- If there is a change in the content of the license: must re-register for a new license and collect as if it were the first issuance.

b) Frequency protection fee (for monitoring and protecting assigned frequencies operating normally, preventing interference): collected annually (over a period of 12 months) for each transmitter and frequency in use, starting from the date of license issuance.

c) Technical inspection fee for importing radio transmission and reception equipment: collected once upon inspection.

d) Fee for issuing a marine or aviation radio operator's certificate: Collected once upon issuance (or renewal) of the certificate.

3- Rates of Collection

4- Organization of Collection:

The National Frequency Control Center is the agency directly responsible for collecting fees for the issuance and protection of radio frequencies and settling accounts with the state budget for this type of collection.

In cases where the Post Office at provincial and municipal levels is delegated with the authority to "Issue licenses and manage frequencies" locally, the National Frequency Control Center shall enter into a mandate contract with the provincial and municipal Post Offices for them to collect fees for issuing and protecting frequencies locally. However, the National Frequency Control Center remains responsible to the state for the collected revenue. The provincial and municipal Post Offices may retain between 5% and 10% of the collected revenue for expenses if they are mandated to manage and collect frequency fees locally. The specific retention rate for each provincial and municipal Post Office will be determined in the responsibility contract with the National Frequency Control Center based on the number of transmitters and frequencies that must be managed.

IV- MANAGEMENT, AUDITING AND FINAL ACCOUNT REPORTING

1- The National Frequency Control Center shall prepare an annual budget for income and expenditure related to the collection of fees for issuing and protecting radio frequencies. The revenue budget shall be based on the number of transmitters, the number of permitted radio frequencies, and the prescribed rates; the expenditure budget shall comply with current state regulations and guidelines from the Ministry of Transport and Posts, after obtaining the agreement of the Ministry of Finance. The annual budget for income and expenditure related to the collection of fees for issuing and protecting radio frequencies must be approved by the Ministry of Transport and Posts and the Ministry of Finance.

2- All revenues from fees for issuing and protecting radio frequencies (including direct collections and those collected by provincial Post Offices and transferred back) must be deposited into a bank or state treasury by the National Frequency Control Center. All expenditures for frequency protection, control, and management activities must be withdrawn from the bank or state treasury and must comply with cash handling and payment regulations of the bank or state treasury.

3- Receipts used for collecting fees for issuing and protecting radio frequencies shall be implemented according to the regulations of the Ministry of Finance. In cases where provincial Post Offices are entrusted with collecting these fees, the National Frequency Control Center must provide uniform receipts.

4- a) Administrative organizations and public service agencies that pay the fee for "Issuing and protecting radio frequencies" shall record this expense under the budgetary expenditure account. Enterprises that pay this fee shall record it under production costs or circulation fees.

b) Provincial and municipal Post Offices that collect these fees on behalf of others shall record them under the "receivables and payables" account; retained earnings and expenditures shall be recorded under other income and expenses.

c) The National Radio Frequency Control Center shall record and report the final accounts of income and expenditure related to fees for issuing and protecting radio frequencies according to the regulations applicable to public service units with income.

V- REWARDS AND PENALTIES

1- Rewards:

Organizations and individuals who have outstanding achievements in implementing state laws on radio frequency management and who contribute to detecting violations in the use of transmitters and radio frequencies shall be rewarded according to the general state system and the provisions of this Circular.

2- Penalties:

Organizations and individuals violating regulations on radio frequency management shall be penalized as follows:

a) Administrative penalties:

Upon the approval of the Chairman of the Council of Ministers, the Joint Ministry of Finance and Posts shall stipulate administrative penalties for the unauthorized use of transmitters and radio frequencies as follows:

- Using transmitters and radio frequencies without a license issued by the Ministry of Transport and Posts (or a legally authorized entity): A fine of 1,000,000 VND per transmitter (for foreign organizations and individuals, a fine of 1,000 USD) and back charges for fees calculated based on the time and number of transmitters and frequencies used. Seize the equipment and require registration procedures.

- Using transmitters and radio frequencies not in accordance with the license: A fine of 500,000 VND (for foreign organizations and individuals, a fine of 500 USD) and back charges for fees for the transmitters and frequencies used (if there is a violation).

- Failure to pay as prescribed by this Circular: Depending on the severity of the violation, a fine not exceeding three times the amount of the required fee.

The National Frequency Control Center has the responsibility to cooperate with provincial and municipal Post Offices, security agencies, and other relevant agencies to inspect, detect, and handle violations according to current regulations.

The fines mentioned above shall be deposited into the state budget after deducting 15% for rewards to units and individuals who detect violations.

b) In cases of delay and late payment of frequency fees, additional penalties for delayed payment shall be imposed according to the regulations of the Ministry of Finance.

c) If criminal offenses are committed, they shall be prosecuted according to the laws of the Socialist Republic of Vietnam.

d) Staff members assigned the task of managing and controlling radio frequencies, if they violate the law due to lack of responsibility or abuse of their position, causing hindrance or damage to the work of managing and controlling radio frequencies and interference handling, shall be subject to administrative penalties according to the level of violation or prosecution under the law.

VI- IMPLEMENTATION PROVISIONS

This Circular shall take effect from November 1, 1991. Previous regulations contrary to Decision 158/CT and this Circular shall be abolished.

During implementation, if any difficulties arise, they should be promptly reported to the Ministry of Finance and the Ministry of Transport and Posts for guidance and resolution.