DECREE NO. 24/2004/NĐ-CP PROVIDING DETAILS ON THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE POST AND TELECOMMUNICATIONS ORDINANCE REGARDING RADIO FREQUENCY

DECREE

Regulations detailing implementation of certain provisions of the Ordinance on Posts and Telecommunications

concerning radio frequency spectrum

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Posts and Telecommunications Ordinance dated May 25, 2002;
At the proposal of the Minister of Posts and Telecommunications,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates detailed implementation of certain provisions of the Posts and Telecommunications Ordinance regarding management and use of radio frequency spectrum, radio equipment, and satellite orbits under Vietnam's sovereignty.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam; foreign organizations and individuals using radio frequencies and radio equipment in Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations on radio frequency spectrum than those set forth in this Decree, such treaties shall be applied.

Article 3. State Management of Radio Frequency Spectrum

1. The Government shall uniformly manage state affairs concerning radio frequency spectrum throughout the country.

2. The Ministry of Posts and Telecommunications shall be responsible before the Government for implementing state management of radio frequency spectrum.

3. Contents of specialized state management concerning radio frequency spectrum include:

a) Developing and organizing the implementation of radio frequency spectrum planning; issuing or submitting to the Government or the Prime Minister for issuance legal normative documents on management and use of radio frequency spectrum, radio equipment, and satellite orbits;

b) International coordination and registration regarding radio frequency spectrum and satellite orbits; allocation and assignment of frequencies; issuing frequency band licenses, frequency usage licenses, and radio wave emission equipment licenses (hereinafter referred to as radio frequency spectrum licenses); collecting and managing fees and charges for radio frequency spectrum usage according to the law;

c) Inspecting, supervising radio frequency spectrum, handling harmful interference and electromagnetic compatibility management; inspecting, administratively penalizing violations in the field of radio frequency spectrum.

Article 4. Definitions

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

1. "Fixed service" refers to radio services between predetermined fixed points.

2. "Mobile service" refers to radio services between mobile stations and ground stations, or between mobile stations.

3. "Maritime mobile service" refers to mobile services between shore stations and ship stations, or between ship stations, or between ship communication stations.

4. "Aeronautical mobile service" refers to mobile services between aviation stations and aircraft stations, or between aircraft stations.

5. "Broadcasting service" refers to radio services wherein broadcasting is intended for direct reception by the general public. This service includes broadcasting of sound and images and other types of broadcasting.

6. "Amateur radio service" refers to radio services aimed at self-training and technical research conducted by amateur radio operators who are licensed enthusiasts of radio technology, solely for personal purposes unrelated to profit.

7. "Radio station" refers to one or more radio equipment units including accompanying auxiliary equipment located at a site to perform a radio service. Each radio station is classified according to the service it regularly or temporarily operates.

8. "Satellite communication station" refers to a radio station placed within the atmosphere or on the Earth's surface used for communication with one or more space stations or communication with one or more similar stations through a reflecting satellite.

9. "Mobile station" refers to a radio station belonging to the mobile service, used during movement or temporary stops at unspecified points.

10. "Shore station" refers to a radio station belonging to the maritime mobile service placed on land or islands for communication with ships and boats.

11. "Ship station" refers to a mobile radio station belonging to the maritime mobile service placed on ships and boats and not frequently anchored.

12. "Radio station on fishing vessels" refers to a radio station placed on ships, boats, and other mobile or non-mobile vessels on the sea used for fishing, processing, breeding, gathering aquatic products, providing logistical services, surveying, and protecting aquatic resources.

13. "Aircraft station" refers to a mobile radio station belonging to the aeronautical mobile service placed on aircraft.

14. "Amateur radio station" refers to a radio station belonging to the amateur radio service.

15. "Wireless telephone" (extension type) refers to a transmit-receive device consisting of two parts communicating with each other via radio waves:

"Part 1, base unit" refers to the part placed fixedly, connected to a telephone network;

"Part 2, extension unit" refers to the part that can be placed fixedly or carried around, having the same phone number as the base unit.

16. "Out-of-band emission" refers to emission at one or more frequencies immediately outside the necessary bandwidth as a result of modulation but does not include spurious emissions.

17. "Spurious emission" refers to emission at one or more frequencies outside the necessary bandwidth and can be reduced without affecting the transmission of information.

18. "Unwanted emission" refers to emission including both spurious emissions and out-of-band emissions.

19. "Harmful interference" refers to interference that endangers the operations of legitimate radio services or impedes, interrupts a permitted radio service operation.

20. "Band allocation" refers to the designation of a specific frequency band for one or more organizations or enterprises to use under specific conditions in a particular radio service or radio communication system.

21. "Frequency assignment" refers to the authority granted by the regulatory body allowing a radio station to use a frequency or radio frequency channel under specific conditions.

22. "Primary service" refers to the service whose name is printed in capital letters (for example: Fixed) in the frequency spectrum allocation table for services.

23. "Secondary service" refers to the service whose name is printed in lowercase letters (for example: Mobile) in the frequency spectrum allocation table for services.

Chapter II

RADIO FREQUENCY SPECTRUM PLANNING AND ALLOCATION

Article 5. Radio Frequency Spectrum Band Planning

1. National radio frequency spectrum band planning is a plan dividing the radio frequency spectrum into bands allocated to various services for each period and setting conditions for establishing an optimal order of exploitation and utilization of the radio frequency spectrum nationwide.

The Posts and Telecommunications Ministry shall construct and submit to the Prime Minister for approval the National Radio Frequency Spectrum Plan.

2. Based on the National Radio Frequency Spectrum Plan, the Posts and Telecommunications Ministry shall issue band planning, channel planning, and frequency planning for radio services according to regions.

a) Band planning specifies in detail the conditions and purposes for using certain bands of frequencies for specific types of radio services or radio communication systems. Band planning is developed based on the technology used, the necessary quantity of frequency bands, service development needs, and reserve bands for new technologies and new requirements.

b) Channel planning divides each band into groups of frequency channels for specific types of radio services according to a set technical standard system. Channel planning is developed based on channel allocation recommendations and technical standards of the International Telecommunication Union to establish an order for the use of radio frequency channels and limit harmful interference between radio devices.

c) Regional frequency planning establishes areas for reusing frequencies for specific types of radio services within certain frequency bands from thirty Megahertz (30 MHz) to three thousand Megahertz (3000 MHz). Regional frequency planning is developed based on recommendations and technical standards of the International Telecommunication Union to improve the efficiency of radio frequency spectrum usage and limit harmful interference between radio devices.

Article 6. Implementation of Planning

1. Strictly prohibit the production, importation, or use of radio equipment or radio wave application equipment in Vietnam contrary to the planning (except for equipment temporarily imported for re-export; equipment produced for export; equipment for introducing technology at exhibitions or trade fairs).

2. Any plans for electronic, telecommunications, broadcasting, television development, and other economic and social development plans related to the use of radio frequencies before submission to the Prime Minister for approval must be reviewed by the Posts and Telecommunications Ministry regarding the radio frequency portion.

3. For radio equipment and telecommunications networks using radio frequencies prior to the effective date of the Planning that are not in compliance with the Planning, the Posts and Telecommunications Ministry shall specify measures and deadlines for transitioning equipment and frequencies to comply with the Planning and actual usage conditions in Vietnam according to the principle:

a) In cases where the equipment has the capability to operate at frequencies according to the Planning without requiring conversion costs, organizations and individuals must complete the transition procedures within the deadline specified in the Planning.

b) In cases where the equipment does not have the capability to operate at frequencies according to the Planning or the equipment has the capability to adjust frequencies but requires conversion costs:

In bands and areas with low demand for frequency usage, organizations and individuals may continue exploitation until the end of the equipment depreciation period, but not exceeding seven years from the effective date of the Planning, or until the Posts and Telecommunications Ministry requests cessation due to interference.

Replacing equipment due to damage or expanding the network does not change the cessation deadline for the entire network.

In bands and areas with high demand for frequency usage, organizations and individuals must complete the transition procedures within the deadline specified in the Planning and bear the conversion costs.

c) Organizations and individuals whose bands are reclaimed before the deadline specified in the Planning will be compensated a portion of the costs, but not exceeding the residual value of the equipment at the time of band reclamation. Organizations and individuals granted permission to use reclaimed bands are responsible for paying the conversion costs to the organizations and individuals whose bands were reclaimed.

Article 7. Adjustment of Planning

1. Based on national telecommunication development policy, Vietnamese laws, and international treaties in the field of telecommunications and radio frequencies that Vietnam has signed or joined, the Posts and Telecommunications Ministry shall implement adjustments within its authority or submit to competent authorities for approval of adjustments to the National Radio Frequency Spectrum Plan periodically.

2. The content of amendments and adjustments to the National Radio Frequency Spectrum Plan after being issued by competent authorities is part of that Plan.

Article 8. Allocation of Bands for National Defense and Security

1. The allocation of bands for national defense and security purposes shall be carried out according to the following principles:

a) Long-term used bands are allocated in proportion to requirements and tasks, and attention is paid to international practices;

b) Time-limited used bands only apply to existing radio equipment that is not further equipped;

c) Short-term infrequent used bands require notification to the Posts and Telecommunications Ministry when in use, except for those classified as state secrets;

d) When there is a need to use bands designated for economic and social purposes for national defense and security purposes, it must be approved in writing by the Posts and Telecommunications Ministry and must not cause harmful interference to economic and social information networks.

2. Periodically, the Posts and Telecommunications Ministry shall take the lead and coordinate with the Ministry of Defense and the Ministry of Public Security to propose band allocations for national defense and security purposes, submitting to the Prime Minister for approval after obtaining opinions from the Radio Frequency Committee. The Ministry of Defense and the Ministry of Public Security are responsible for organizing the management and efficient use of the allocated frequency bands for their intended purposes.

3. In cases of urgent national security, the Ministry of Defense and the Ministry of Public Security may use some bands not covered under point a, Clause 1 of this Article to ensure information for national defense and security based on a unified plan coordinated between the Posts and Telecommunications Ministry and the Ministry of Defense and the Ministry of Public Security.

Chapter III

RADIO FREQUENCY LICENSE ISSUANCE

SECTION I

GENERAL PROVISIONS ON LICENSE ISSUANCE

Article 9. Principles for issuing construction permits

The issuance of radio frequency licenses shall be carried out according to the following principles:

1. In accordance with the strategy and plan for telecommunications development; the national radio frequency spectrum planning as stipulated in Article 5 of this Decree and other frequency planning provisions.

2. Ensuring efficient, reasonable, and economical use of the radio frequency spectrum.

3. Adhering to national and international standards on frequency usage and technical specifications for radio frequencies.

4. Meeting the reasonable needs of organizations and individuals for using radio frequencies.

5. Ensuring fairness among users and between similar radio services.

6. Prioritizing reasonable demands for frequency use to serve new technologies and ensuring efficient use of the radio frequency spectrum.

Article 10. Radio Frequency Usage Fee

1. The radio frequency usage fee is a revenue prescribed by the State to cover both direct and indirect costs associated with managing, inspecting, and controlling radio frequencies, handling harmful interference; and ensuring the implementation of State policies during each period and in line with actual conditions.

2. The level of the radio frequency usage fee is determined based on the value of the spectrum used, the degree of spectrum occupancy, coverage range, and frequency density within the allocated band and area.

3. Vietnamese organizations and individuals; foreign organizations and individuals in Vietnam shall only be granted radio frequency usage licenses after paying the license issuance fee and the radio frequency usage fee. Management and utilization of the license issuance fee and the radio frequency usage fee shall comply with laws on fees and charges.

Article 11. Situations for Revoking Licenses

1. Radio frequency usage licenses will be revoked in the following situations:

a) Within one year from the date of receiving the band allocation license or six months from the date of receiving the frequency and radio transmitter usage license, if the organization or individual holding the license does not implement the contents specified in the license in practice.

b) If the organization or individual uses the frequency for purposes other than those intended, inefficiently, or wastefully, causing unnecessary consumption of the allocated radio frequency spectrum.

c) When there is an adjustment to the national radio frequency spectrum planning.

2. The Ministry of Posts and Telecommunications issues a decision to revoke the license and clearly states the reasons for revocation.

SECTION II

ISSUANCE OF BAND ALLOCATION LICENSES

Article 12. Band Allocation License

A band allocation license is issued to organizations and enterprises granting them the right to use a specific band of frequencies along with conditions regarding upper and lower frequency limits (including guard bands), coverage range, maximum permissible emissions outside the band and coverage range, and other conditions.

Article 13. Conditions for Issuing Band Allocation Licenses

In cases where band allocation is feasible, the Ministry of Posts and Telecommunications bases its decision on the following specific conditions to issue band allocation licenses to organizations and enterprises:

1. Having a plan for developing wireless communication networks and a business plan for telecommunications services that ensure economic and social efficiency and effective use of the band.

2. For public mobile telecommunications networks, there must be a need to deploy the band nationwide; for private telecommunications networks and internal networks, there must be a high demand for frequency use in a specific area.

3. Equipment must meet technical standards as prescribed by the Ministry of Posts and Telecommunications.

Article 14. Procedures for Issuing Band Allocation Licenses

1. Application documents for band allocation licenses include:

a) An application form specifying the band to be used and the coverage range;

b) A certified copy of the establishment decision for organizations or business registration certificate for domestic enterprises or investment permit for foreign-invested enterprises or foreign party in a joint venture contract;

c) A certified copy of the network establishment and service provision license (or trial network and service license, or private telecommunications network establishment license) for equipment requiring network establishment licensing;

d) A project for establishing a wireless communication network detailing the purpose, scope of operation, network configuration, and technology used;

đ) A list of registered radio transmitters (according to a model prescribed by the Ministry of Posts and Telecommunications).

2. Documents for amending and supplementing the content of the license:

During the validity period of the license, if organizations or enterprises have a need to amend or supplement the content of the license (excluding bandwidth specifications), they must submit an amendment and supplementation application. The documents include:

a) An application for amending and supplementing the content of the license;

b) A detailed report on the amendments and supplements and related documents.

3. Ninety days before the expiration of the band allocation license, if the organization or enterprise meets the conditions and requests continued use, they must resubmit the application documents as if applying for a new license.

4. Place to accept applications, guide declarations, and deliver licenses:

The Radio Frequency Management Department of the Ministry of Posts and Telecommunications.

5. During the operation period, organizations and enterprises are responsible for complying with the conditions stipulated in the license; promptly reporting and updating changes in technical parameters and lists of radio transmitters in the wireless communication network.

Article 15. Timeframe for Processing Band Allocation Licenses

1. The Ministry of Posts and Telecommunications reviews and completes the issuance, amendment, and supplementation of license contents within 45 days from the date of receipt of complete and valid documents.

2. If the documents are incomplete or invalid, within five days from the date of receipt, the Ministry of Posts and Telecommunications has the responsibility to notify and guide organizations and enterprises to supplement and perfect their documents.

3. In cases where new issuance, amendment, or supplementation of the license content is refused, the Ministry of Posts and Telecommunications will notify in writing, stating the reasons for refusal to the applicant.

SECTION III

ISSUANCE OF FREQUENCY USAGE AND RADIO TRANSMITTER LICENSES

WIRELESS TELECOMMUNICATIONS

Article 16. Frequency Usage and Radio Transmitter License

The radio frequency and radio transmitting equipment usage permit issued to organizations and individuals grants the right to exploit one or more radio frequencies and radio transmitting equipment at a specified location or area, along with conditions regarding receiving and transmitting frequencies, transmission parameters, communication protocols, and other conditions.

Article 17. Conditions for issuing permits to use radio frequencies and radio transmitting equipment

1. In cases where the allocation of radio frequencies is feasible, the Ministry of Posts and Telecommunications shall base its decision on the following specific conditions to issue permits to domestic and foreign organizations and individuals in Vietnam:

a) Clear purpose of use and communication objects that comply with legal regulations;

b) Equipment must meet technical standards set by the Ministry of Posts and Telecommunications (except in cases where the equipment is for exhibition or technical testing);

c) Operators of ship stations, amateur radio stations, and other cases must hold a radio operator certificate issued or recognized by the Ministry of Posts and Telecommunications;

d) Antenna installation locations and antenna heights must be in accordance with regulations set by the Ministry of Posts and Telecommunications and other laws concerning aviation safety;

đ) System design must ensure optimal use of the radio frequency spectrum and electromagnetic compatibility with the surrounding environment.

2. Specifically, for satellite communication stations implementing communications through foreign satellites or international organizations' satellite communication services, based on the specific conditions stipulated in Clause 1 of this Article, the Ministry of Posts and Telecommunications will only consider and issue permits under the following circumstances:

a) Satellite communication stations belonging to public telecommunications networks of telecommunication enterprises holding network establishment and service provision licenses issued by the Ministry of Posts and Telecommunications.

b) Satellite communication stations of organizations or enterprises using satellite communication services provided by telecommunication enterprises licensed by the Ministry of Posts and Telecommunications.

c) Satellite communication stations involved in mobile maritime and air broadcasting activities with permits for satellite broadcasting operations issued by the Ministry of Culture and Information.

d) Satellite communication stations involved in maritime and air safety assurance activities via satellite according to regulations of the International Maritime Organization (IMO) or the International Civil Aviation Organization (ICAO).

đ) Satellite communication stations of diplomatic missions, consular offices of foreign countries, representative offices of international organizations in Vietnam, and short-term foreign press correspondents accompanying high-level delegations visiting Vietnam who enjoy diplomatic privileges and immunities (hereinafter referred to as "Foreign Representative Offices").

The Ministry of Posts and Telecommunications shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security to detail the issuance of permits for satellite communication stations to Foreign Representative Offices.

e) As per international treaties between the Socialist Republic of Vietnam and foreign countries or international organizations concerning satellite communications.

g) Other cases as prescribed by the Ministry of Posts and Telecommunications.

Article 18. Application Documents for Issuing Permits to Use Radio Frequencies and Radio Transmitting Equipment

1. Except for the cases stipulated in Article 24 of this Decree, for standalone radio transmitting equipment and radio transmitting equipment in networks not requiring network establishment permits, the application documents include:

a) Application form for permit issuance;

b) Declaration form for applying for radio frequency and radio transmitting equipment usage permits (as prescribed by the Ministry of Posts and Telecommunications);

c) Certified copy or certified true copy in accordance with legal provisions of the Decision on Establishment for organizations, Business Registration Certificate for domestic enterprises, cooperatives, or Investment License for foreign-invested enterprises or the Overseas Party in Joint Ventures.

2. For ship stations and radio stations installed on ships operating solely on rivers or lakes, in addition to the documents specified in Clause 1 of this Article, there must also be:

a) Confirmation of total tonnage and operational range of the ship or vessel, or certification of passenger capacity (for passenger ships);

b) Certified copy or certified true copy in accordance with legal provisions of the radio operator license issued or recognized by the Ministry of Posts and Telecommunications (for ship stations).

3. For radio transmitting equipment installed on fishing vessels:

a) If the equipment belongs to organizations or enterprises, in addition to the documents specified in Clause 1 of this Article, there must also be a certified copy or certified true copy in accordance with legal provisions of the Fishing Vessel Registration Certificate or confirmation of total tonnage of the vessel.

b) If the equipment belongs to cooperatives or individuals, in addition to the documents specified in points a and b of Clause 1 of this Article, there must also be a certified copy or certified true copy in accordance with legal provisions of the Fishing Vessel Registration Certificate or confirmation of total tonnage of the vessel.

c) Radio transmitting equipment installed on fishing vessels operating in the frequency band from 26.96 MHz to 27.41 MHz falls under conditional-use radio equipment and does not require a radio frequency usage permit as stipulated in Articles 24 and 25 of this Decree.

4. For radio stations involved in broadcasting activities, in addition to the documents specified in points a and b of Clause 1 of this Article, there must also be:

a) Certified copy or certified true copy in accordance with legal provisions of the Press Operation Permit issued by the Ministry of Culture and Information (for press entities).

b) A request letter from the Ministry of Culture and Information or provincial people's committees (for entities not classified as press entities but tasked with rebroadcasting programs from central and provincial radio and television stations).

5. For amateur radio stations, in addition to the documents specified in points a and b of Clause 1 of this Article, there must also be:

a) Certified copy of the Amateur Radio Operator Certificate issued or recognized by the Ministry of Posts and Telecommunications;

b) Certified copy of Passport together with permanent residence card or temporary residence certificate or temporary residence card (for foreign operators).

6. For wireless telephones (extension type) not included in the list of radio equipment that must be conditionally used and licensed for frequency usage, the application dossier shall comply with the provisions set forth in points a and b of Clause 1 of this Article.

7. For foreign representative office radio stations, in addition to the application dossier stipulated in points a and b of Clause 1 of this Article, there must also be a request letter from the Ministry of Foreign Affairs.

8. For radio transmitters belonging to networks that require a network establishment license, in addition to the application dossier stipulated in Clause 1 of this Article, the following additional documents are required:

a) A project for establishing a radio information network, specifying the network configuration, operational scope, technology used, equipment, and requested frequencies;

b) A certified copy or authenticated copy according to the law of the Network Establishment License and Telecommunication Service Provision License (or Experimental Network and Service License, or Private Telecommunication Network Establishment License).

Article 19. Extension of permit

Thirty days before the expiration of the license, if organizations or individuals wish to continue using it without amending or supplementing its contents, they must apply for an extension of the license. The application dossier for extending the license includes:

1. An application for license extension;

2. A certified copy or authenticated copy according to the law of the Network Establishment License and Telecommunication Service Provision License (or Experimental Network and Service License, or Private Telecommunication Network Establishment License) still in effect for devices requiring a network establishment license.

Article 20. Amending and Supplementing the Content of the License

During the validity period of the license, if organizations or individuals need to amend or supplement the content of the license, they must prepare an application dossier for amendment and supplementation. The dossier includes:

1. An application for amending and supplementing the license content;

2. A supplementary declaration if there are changes;

3. Other relevant documents related to the amended and supplemented content.

Article 21. Timeframe for Processing Frequency Usage Licenses and Radio Transmitter Licenses

1. The Ministry of Posts and Telecommunications is responsible for processing new issuance; extension; amendment and supplementation of license content within twenty days from the date of receipt of complete and valid dossiers.

2. If the dossier is incomplete or invalid, within five days from the date of receipt of the dossier, the Ministry of Posts and Telecommunications has the responsibility to notify and guide organizations and individuals applying for licenses to supplement and perfect their dossiers.

3. In cases where new issuance; extension; amendment and supplementation of license content are refused, the Ministry of Posts and Telecommunications will notify in writing, clearly stating the reasons for refusal to the organizations and individuals applying for licenses.

Article 22. Place for Receiving Application Dossiers, Guidance on Declaration and Issuance of Licenses

1. The place for receiving application dossiers and issuing licenses for new applications for licenses for devices belonging to radio information networks that require a network establishment license, and cases requiring amendment and supplementation of network establishment licenses:

a) The Ministry of Posts and Telecommunications;

b) Regional Postal and Telecommunications and Information Technology Departments.

2. The place for receiving application dossiers and issuing licenses for new applications, extensions, amendments, and supplements of content for devices that do not require a network establishment license; cases for extensions, amendments, and supplements while the network establishment license is still valid:

a) The Radio Frequency Management Department;

b) Regional Radio Frequency Control Centers under the Radio Frequency Management Department.

Article 23. Using Frequencies and Radio Transmitters in Emergency Situations

1. In emergency situations posing danger to property and human life, organizations and individuals may temporarily use frequencies and radio transmitters without a license and must promptly report to the Radio Frequency Management Department under the Ministry of Posts and Telecommunications when conditions permit.

2. Radio stations when sending emergency information or signals are permitted to broadcast to attract attention on both international and national distress frequencies not exclusively reserved for distress calls.

3. When receiving emergency information or signals, radio stations must immediately cease broadcasting on frequencies that could interfere with emergency communications and continuously monitor the distress call frequency; respond and implement immediate necessary assistance, while simultaneously reporting to the Search and Rescue Authority.

PART IV

TYPES OF RADIO EQUIPMENT THAT REQUIRE CONDITIONAL USE WITHOUT A LICENSE

Article 24. Technical and operational conditions

1. Types of radio equipment subject to conditional use include short-range devices with limited power that have low potential for harmful interference and are not protected against such interference.

2. The technical and operational conditions for types of radio equipment subject to conditional use include frequency channel allocation, limited transmission power levels, designated emission modes, permitted operational areas, and other conditions.

3. At each period, the Ministry of Posts and Telecommunications shall stipulate and announce a list of radio equipment subject to conditional use. The notification must fully specify the technical and operational conditions for the type of equipment subject to conditional use.

Article 25. Responsibilities of Users

1. Organizations and individuals using radio equipment as prescribed in Article 24 must meet the specified technical and operational conditions and are not required to obtain a radio frequency license.

2. It is strictly prohibited to use radio equipment that does not meet the technical and operational conditions as prescribed by the Ministry of Posts and Telecommunications.

Chapter IV

FREQUENCY INTERFERENCE MONITORING AND CONTROL, NOISE MANAGEMENT, AND ELECTROMAGNETIC COMPATIBILITY MANAGEMENT

PART I

FREQUENCY INTERFERENCE MONITORING AND CONTROL, NOISE MANAGEMENT

Article 26. Objects of Monitoring and Control

Vietnamese organizations and individuals, and foreign organizations and individuals using frequencies and radio equipment on Vietnamese territory must be subject to frequency and radio equipment monitoring and control by the Ministry of Posts and Telecommunications.

Article 27. Responsibilities for Monitoring and Control 1. The Ministry of Posts and Telecommunications has the responsibility to organize frequency and radio equipment monitoring and control nationwide to measure technical parameters and usage, bandwidth occupancy rates of radio stations; identify noise sources; detect violations; and handle harmful interference according to Vietnamese laws and international treaties on radio communications that Vietnam has signed or joined.

2. The results of monitoring and control, technical parameter measurements, and location identification of radio equipment, signal spectrum forms, call signs, or identification signals, and other evidence serve as the basis for determining and handling violations of laws in the field of radio frequencies.

Forms of Inspection

Article 28. 1. Regular inspections are carried out according to inspection programs and plans approved by the Ministry of Posts and Telecommunications.

2. Spot inspections are conducted when addressing complaints; when the Ministry of Posts and Telecommunications deems there are indications of violations of laws on radio frequencies.

Article 29. Measures to Limit Harmful Interference

1. Organizations and individuals licensed to use frequencies and radio transmitters must comply with the provisions in their licenses and implement the following measures to limit the potential for harmful interference:

a) Maintain the transmitted frequency within the allowable frequency deviation range;

b) Reduce unwanted emissions to the lowest possible level;

c) Use transmission methods with the smallest occupied bandwidth (except in special cases such as spread spectrum);

d) Limit transmission in unnecessary directions;

đ) Use the minimum transmission power necessary to ensure information quality.

2. Radio stations belonging to secondary services may not cause harmful interference to radio stations belonging to primary services and may not complain about harmful interference from radio stations belonging to primary services whose frequencies have been assigned or may be assigned later.

Handling Complaints of Harmful Interference

Article 30. 1. When organizations and individuals file complaints about harmful interference, they must submit a "Harmful Interference Report" to the Ministry of Posts and Telecommunications according to the prescribed form and follow the Ministry's guidance to organize the identification of the source of interference and the resolution of harmful interference.

Organizations and individuals using frequencies and radio equipment in areas affected by harmful interference have the responsibility to cooperate with the Ministry of Posts and Telecommunications and facilitate the rapid and accurate detection of the source of interference and the effective resolution of harmful interference.

2. The Ministry of Posts and Telecommunications handles harmful interference according to the following principles:

a) Prioritize emissions within the band, unwanted emissions must be reduced to the lowest possible level;

b) Prioritize primary services, secondary services must change frequencies or transmission parameters;

c) Within the same radio service, the frequency authorized for use later must be changed, prioritizing the frequency authorized for use earlier;

d) Organizations and individuals using radio wave application equipment in science, industry, healthcare; electrical and electronic equipment, when causing harmful interference to radio stations, must take measures to eliminate interference (except in cases where radio wave application equipment operates within the prescribed band) and must cease using these devices when they cause harmful interference to radio navigation, safety, and rescue services;

đ) In cases where harmful interference has not been resolved, measures such as changing frequencies, limiting transmission power; changing antenna height, polarization, directional characteristics; reallocating working times, and other necessary measures can be applied to the interfering station;

e) The party causing interference due to non-compliance with the contents of the license shall bear the costs for frequency and equipment changes and harmful interference resolution.

Handling Harmful Interference Between Radio Stations Serving Economic-Social Purposes and Those Serving National Defense and Security

Article 31. 1. Except for bands allocated for long-term use by national defense and security as provided in point a, Clause 1, Article 8 of this Decree, when harmful interference occurs between radio stations serving economic-social purposes and those serving national defense and security, national defense and security radio stations shall proactively change frequencies and transmission parameters to avoid interference.

2. If necessary, the Ministry of Posts and Telecommunications shall lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, and other relevant ministries and sectors to establish a joint inspection team to resolve harmful interference.

ELECTROMAGNETIC COMPATIBILITY MANAGEMENT

PART II

MANAGEMENT OF ELECTROMAGNETIC RADIATION

Article 32. Objectives of Electromagnetic Compatibility Management

Equipment and systems of equipment that generate electromagnetic energy within the frequency range from ten kilohertz (10 kHz) to three thousand gigahertz (3,000 GHz) when put into use must ensure electromagnetic compatibility so that these devices and systems operate stably, without interference and do not cause harmful interference to other devices and systems.

Article 33. Contents of Electromagnetic Compatibility Management

1. The contents of state management on electromagnetic compatibility include:

a) Establishing, promulgating, and implementing electromagnetic compatibility standards;

b) Specifying requirements for electromagnetic compatibility certification for radio communication equipment, telecommunications equipment, and radio wave application equipment in science, industry, and healthcare;

c) Recognizing and designating testing laboratories and certification bodies that meet electromagnetic compatibility standards;

d) Inspecting, supervising, and handling violations of laws in the field of electromagnetic compatibility management.

2. The Posts and Telecommunications Ministry shall establish and promulgate regulations on electromagnetic compatibility management.

Article 34. Certification and Public Announcement of Compliance with Electromagnetic Compatibility Standards

1. Certification of compliance with electromagnetic compatibility standards.

According to each period, the Posts and Telecommunications Ministry shall specify a list of telecommunications equipment, radio communication equipment, and radio wave application equipment in science, industry, and healthcare that must undergo certification of compliance with electromagnetic compatibility standards.

Organizations and individuals producing or importing equipment listed above must complete the certification of compliance with standards and mark compliance with electromagnetic compatibility standards as prescribed before putting them into use or circulating them in the market.

2. Public announcement and assurance of equipment compliance with electromagnetic compatibility standards.

Organizations and individuals producing or importing household electrical and electronic equipment, equipment emitting unintended radio waves, and other equipment have the responsibility to publicly announce compliance with corresponding electromagnetic compatibility standards and mark compliance with electromagnetic compatibility standards as prescribed before putting them into use or circulating them in the market.

3. The certification and public announcement of compliance with electromagnetic compatibility standards shall be carried out according to specific provisions of the Posts and Telecommunications Ministry.

Article 35. Testing Laboratories and Certification Bodies for Electromagnetic Compatibility

The Posts and Telecommunications Ministry shall stipulate the requirements for the capacity and activities of testing laboratories and certification bodies for electromagnetic compatibility; and specify procedures for designating testing laboratories and certification bodies for electromagnetic compatibility.

Only measurement and certification results of electromagnetic compatibility from testing laboratories and certification bodies designated or recognized by the Posts and Telecommunications Ministry can be used in electromagnetic compatibility management activities.

Chapter V

COOPERATION AND INTERNATIONAL REGISTRATION FOR RADIO FREQUENCY AND SATELLITE ORBITS

Article 36. Objects of Cooperation and International Registration

Organizations and individuals using radio frequencies for international radio communications, satellite systems on geostationary or non-geostationary orbits, or those capable of causing harmful interference to radio services of other countries, or wishing to be internationally recognized must cooperate and register internationally for radio frequencies or satellite orbits.

Article 37. Responsibilities of the Posts and Telecommunications Ministry

The Posts and Telecommunications Ministry has the responsibility:

1. To organize cooperation with other countries and register with the International Telecommunication Union regarding radio frequencies and satellite orbits to protect national rights and sovereignty.

2. To specify detailed regulations on the management, use, and international registration of satellite orbits under Vietnam's sovereignty.

3. To lead and coordinate with the Ministry of Foreign Affairs, the Ministry of National Defense, and the Ministry of Public Security to organize coordination of radio frequencies with neighboring countries.

Article 38. Responsibilities of Organizations and Individuals

1. Vietnamese organizations and individuals, and foreign organizations and individuals in Vietnam, have the obligation to comply with the Posts and Telecommunications Ministry's regulations on international cooperation and registration for radio frequencies and satellite orbits.

2. Organizations and enterprises requiring the use of satellite orbit positions under Vietnam's sovereignty must obtain permission from the Posts and Telecommunications Ministry and comply with regulations on registration fees, orbit coordination, and other related legal provisions.

Article 39. International Registration for Radio Frequencies

1. Documents for international registration for radio frequencies include:

a) A letter requesting international registration for radio frequencies;

b) A copy of the permit for using radio frequencies and transmitting equipment;

c) An international registration form for radio frequencies (as prescribed).

2. Place to accept documents:

The Radio Frequency Management Department of the Ministry of Posts and Telecommunications.

3. Based on the application for international registration for radio frequencies, the Posts and Telecommunications Ministry (Radio Frequency Administration) will review and compare with international and national technical and operational standards to unify the content and proceed with international registration procedures.

4. The use and exploitation of radio frequencies recognized internationally must be carried out in accordance with the International Radio Regulations.

Article 40. International Registration for Satellite Orbits

Organizations and enterprises requiring international registration for satellite orbits must submit documents to the Posts and Telecommunications Ministry and follow the procedures specified by the International Telecommunication Union and the Posts and Telecommunications Ministry.

Chapter VI

COMPLAINTS, REPORTING, INSPECTION, AND VIOLATION HANDLING

Article 41. Inspection

All Vietnamese and foreign organizations and individuals in Vietnam using frequencies, producing, or using radio communication equipment, which require electromagnetic compatibility certification, are subject to inspection and supervision by specialized postal, telecommunications, and information technology inspectors and competent state agencies.

Article 42. Handling Violations

1. Organizations and individuals who violate legal provisions on radio frequencies shall be administratively punished or criminally prosecuted depending on the nature and degree of violation, and if damage is caused, they must compensate according to the law.

2. Any person who abuses their position or authority and commits acts in violation of the provisions of this Decree and other relevant laws in the field of radio communications shall be subject to disciplinary action or criminal prosecution, depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 43. Petitioning and Reporting

1. Organizations and individuals have the right to appeal administrative decisions and actions of state agencies, authorized officials and civil servants in the implementation of this Decree.

2. Individuals have the right to report violations of the provisions of this Decree to competent authorities, organizations, or individuals.

3. The jurisdiction, procedures, and processes for handling appeals and reports shall be carried out in accordance with the laws on appeals and reports.

PART VII

IMPLEMENTING PROVISIONS

Article 44. Effective date of implementation

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations that conflict with this Decree are abolished.

Article 45. Responsibility for Implementation

The Posts and Telecommunications Ministry, within its functions and powers, is responsible for guiding the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.