Circular No. 24/2010/TT-BTTTT detailing and guiding procedures for issuing frequency use permits; leasing, lending radio equipment; sharing radio frequencies

CIRCULAR

Regulations detailing and guiding procedures for issuing frequency usage permits for radio waves; leasing, lending

radio equipment; sharing radio frequency

__________________________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Radio Frequency Law dated November 23, 2009;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

Article 1. Scope of Regulation

This Circular guides the procedures for issuing, amending, supplementing, extending, revoking frequency usage permits for radio waves; leasing, lending radio equipment that has been issued frequency usage permits for radio waves; sharing radio frequency.

This Circular does not apply to the use of radio frequencies for defense and security purposes and cases exempted from frequency usage permits as provided for in Article 27 of the Radio Frequency Law.

Article 2. Interpretation of Terms

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

1. A terrestrial satellite station is a radio station located on the Earth's surface or within the atmospheric layer for communication with space satellites.

A space satellite station is a radio station placed on an artificial Earth satellite with either a geostationary or non-geostationary orbit.

2. An amateur radio station is a radio station belonging to amateur radio services.

Amateur radio service is a radio communication service aimed at self-training, technical research conducted by amateur radio operators for personal interest without profit motive and approved by the competent authority.

3. A fixed station is a radio station belonging to the fixed service.

The fixed service is a radio communication service between predetermined fixed points.

4. A mobile station is a radio station belonging to the mobile service, used while in motion or temporarily stopped at unspecified points.

The mobile service is a radio communication service between mobile stations and land stations or between mobile stations.

A land station is a station belonging to the mobile service but not used during movement.

5. A ship station is a mobile station using frequencies allocated to the maritime mobile service installed on ships, boats, and other floating objects.

The maritime mobile service is a mobile service between shore stations and ship stations or between ship stations, including distress and safety traffic and radio beacons for emergency position indicating.

6. A radio station installed on fishing vessels is a mobile station installed on fishing vessels, using frequencies reserved for fishing vessels and frequencies for ensuring safety at sea.

7. A radio station communicating with fishing vessels is a radio station located on land, using frequencies reserved for fishing vessels to communicate with fishing vessels, not providing telecommunications services.

8. A shore station is a radio station located on land, using frequencies allocated to the maritime mobile service and frequencies reserved for fishing vessels to communicate with ships, boats, and other floating objects.

9. A wireless broadcasting station is a radio station transmitting one-way audio signals from the transmitter to wireless loudspeaker clusters.

10. A private telecommunication network using frequencies allocated to the mobile service is a network consisting of mobile radio stations or a combination of fixed and mobile radio stations established by organizations or individuals to serve internal communications among members of the network without the direct aim of generating profit from the network's operations.

11. An internal radio communication network is a network consisting of mobile radio stations established by organizations or individuals at a specific location with a defined address and scope, which the network owner may use for internal communications without the direct aim of generating profit from the network's operations.

12. Foreign representative offices include diplomatic missions, consular offices, and international organization representative offices in Vietnam enjoying diplomatic privileges and immunities.

Article 3. Authority Issuing Frequency Usage Licenses

The Radio Frequency Management Department shall issue, extend, amend, supplement the contents of frequency usage licenses, and revoke frequency usage licenses.

Article 4. Issuance of Radio Frequency Usage Licenses

1. Radio equipment declared in the application dossier for issuance, extension, modification, or supplementation of the content of radio frequency usage licenses must be equipment that has been certified as compliant with regulations.

2. In cases where direct issuance of licenses is concerned, organizations and individuals submitting complete and valid license application forms first shall be considered for issuance of licenses prior to others.

3. When organizations and individuals apply for the initial issuance of frequency usage licenses or when there are changes to frequencies specified in the license, the duration of the issued license shall be determined according to the request of the organization or individual, but shall not exceed the maximum term corresponding to each type of license and must ensure compatibility with radio frequency planning.

4. The limits on radio emission stipulated in the Band Usage License shall be defined in technical standards. In cases where technical standards have not been established, international standards and practical technological capabilities shall be applied to minimize harmful interference.

5. Organizations and enterprises holding Band Usage Licenses are responsible for reporting periodically and promptly to the Radio Frequency Management Department a list of radio transmission equipment used in radio communication networks (in accordance with the form prescribed in Appendix 3).

6. For cases requiring registration and international coordination on radio frequencies as stipulated in Article 41 of the Radio Frequency Law, during the implementation period of registration and coordination according to the International Telecommunication Union's regulations, the Radio Frequency Management Department shall only consider issuing temporary licenses. Organizations and individuals must cease operations if registration and coordination are unsuccessful. Formal licensing will be carried out based on the results of international registration and coordination on radio frequencies with the International Telecommunication Union.‎International cooperation on radio frequencies pursuant to Article 41 of the Radio Frequency Law, during the implementation period of registration and cooperation as prescribed by the International Telecommunication Union, the Radio Frequency Management Department will only consider issuing temporary licenses if organizations and individuals commit in writing to cease operations if registration and cooperation efforts fail. Official licensing will be carried out based on the results of international registration and cooperation on radio frequencies with the International Telecommunication Union.

Article 5. Extension, Modification, and Supplemental Content of Radio Frequency Usage Licenses

Article 5. Extension of Frequency Usage Licenses

1. At least 30 days before the expiration date for Frequency and Radio Equipment Usage Licenses, 60 days for Band Usage Licenses, and 90 days for Frequency and Satellite Orbit Usage Licenses, organizations and individuals must submit an extension application to continue using the license according to regulations. An extended license only extends the usage period, other parameters of the license remain unchanged.

2. In cases where the time limit set forth in Clause 1 of this Article is not adhered to, organizations and individuals wishing to continue using the frequency must follow new issuance procedures and must use a new frequency if the previously used frequency has already been assigned to another organization or individual.

Article 6. Amendment and Supplement of Frequency Usage License Contents

When the license remains valid, organizations and individuals who need to amend or supplement certain contents within the license (excluding the usage period) must prepare an application for amendment or supplementation of the license contents.

Article 7. Suspension of Frequency and Radio Equipment Usage

1. Within the validity period of the license, if organizations and individuals no longer require the use of frequencies or radio equipment, they must notify the Radio Frequency Management Department in writing.

2. The notification content includes information about the license number being suspended, the expiration date, and the cessation date of use.

Article 8. Declaration and cancellation of application files for issuance, extension, amendment, and supplementation of frequency usage permits

1. Organizations and individuals applying for issuance, extension, amendment, and supplementation of frequency usage permits shall be responsible under the law for the accuracy and legality of the documents and contents declared in the application file.

Documents in the application file for issuance, extension, amendment, and supplementation of frequency usage permits that this Circular does not require to be notarized or certified must be confirmed by the organization or individual applying for the permit as being submitted by them through stamping (for organizations) or signing confirmation (for individuals) on each document.

2. The application file for issuance, extension, amendment, and supplementation of frequency usage permits shall be canceled in the following cases:

a) Thirty days from the date of notification about supplementing and completing the file, if the Radio Frequency Management Department does not receive the supplemented and completed file from the organization or individual.

b) Thirty days from the date of notification about payment of fees and charges for frequency usage, if the organization or individual fails to fulfill their obligations regarding fees and charges as prescribed to obtain the permit.

Article 9. Receiving application files and issuing permits via electronic means

The process of receiving application files and issuing, extending, amending, and supplementing frequency usage permits via electronic means shall be carried out in accordance with the laws on electronic transactions and must comply with the requirements of the application file and procedures stipulated in this Circular.

Article 10. Payment of Fees and Frequency Usage Charges and Receipt of License

Organizations and individuals shall only be entitled to receive a license upon payment of all fees for issuance, extension, amendment, and supplementation of the corresponding content of the license, and payment of frequency usage charges in accordance with the regulations.

Chapter II

PROCEDURES FOR ISSUANCE, EXTENSION, AMENDMENT, SUPPLEMENTATION, AND REVOCATION OF FREQUENCY USAGE PERMITS

PART 1. ISSUANCE, EXTENSION, AMENDMENT, SUPPLEMENTATION OF FREQUENCY USAGE PERMIT CONTENTS AND RADIO EQUIPMENT

Article 11. Documents for Application for Issuance, Extension, Amendment, and Supplementation of Content of the License for Frequency and Radio Equipment Use for Amateur Radio Stations

1. New application documents include:

a) A completed application form for the License for Frequency and Radio Equipment Use according to Model 1b in Appendix 2 of this Circular;

b) A certified copy of the Amateur Radio Operator License issued or recognized pursuant to Decision No. 18/2008/QĐ-BTTTT dated April 4, 2008, of the Minister of Information and Communications on regulations governing amateur radio activities;

c) A certified copy of the Identity Card or Passport still valid for the individual applying for the permit.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 12. Documents for Application for Issuance, Extension, Amendment, and Supplementation of Content of the License for Frequency and Radio Equipment Use for Radio Stations Installed on Fishing Vessels

1. New application documents include:

a) A completed application form for the License for Frequency and Radio Equipment Use according to Model 1c in Appendix 2 of this Circular;

b) A certified copy of the Identity Card or Passport still valid for the individual applying for the permit.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 13. Application File for Issuance, Extension, Amendment, and Supplementation of Frequency Usage Permit and Radio Equipment for Marine Communication Radio Stations

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1i in Appendix 2 of this Circular;

b) A certified copy of the Identity Card or Passport still valid for the individual applying for the permit.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 14. Application File for Issuance, Extension, Amendment, and Supplementation of Frequency Usage Permit and Radio Equipment for Broadcasting and Television Transmitter Equipment

1. For organizations that are press agencies

a) New application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the broadcasting license for the program channel content.

b) Extension application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the broadcasting license for the program channel content (if there has been a change since the previous issuance).

c) Amendment and supplementation application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

2. For enterprises providing transmission and broadcasting services for radio and television

a) New application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the relevant service transmission and broadcasting license according to the regulations.

b) Extension application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- A certified copy of the relevant service transmission and broadcasting license according to the regulations (if there has been a change since the previous issuance).

c) Amendment and supplementation application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

3. For non-press organizations rebroadcasting radio and television programs

a) New application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- An agreement from the local Department of Information and Communications for rebroadcasting local radio and television programs (specifying the name of the rebroadcasted program).

For rebroadcasting central or other local radio and television programs, the Radio Frequency Management Department will issue the permit based on the agreement of the Radio and Television Administration and Electronic Information Management Department - Ministry of Information and Communications.

b) Extension application documents include:

A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular.

c) Amendment and supplementation application documents include:

- A completed application form for the License for Frequency and Radio Equipment Use according to Model 1d in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

Article 15. Documents for application to issue, extend, amend, or supplement the contents of the Frequency and Radio Equipment Usage Permit for wireless radio stations

1. New application documents include:

a) The application form for issuing the Frequency and Radio Equipment Usage Permit according to Model 1đ in Appendix 2 of this Circular.

b) An agreement from the Provincial Department of Information and Communications for transmitting information via wireless public address systems.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 16. Documents for application to issue, extend, amend, or supplement the contents of the Frequency and Radio Equipment Usage Permit for microwave transmission lines

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1e in Appendix 2 of this Circular;

b) A copy of the telecommunications network establishment permit related to the regulations.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the telecommunications network establishment permit related to the regulations (if the previously issued permit has been changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 17. Documents for application to issue, extend, amend, or supplement the contents of the Frequency and Radio Equipment Usage Permit for earth satellites (except for cases stipulated in Article 18 of this Circular and earth satellites belonging to the GMDSS system on ships)

1. New application documents include:

a) The application form for issuing the Frequency and Radio Equipment Usage Permit according to Model 1f in Appendix 2 of this Circular;

b) A copy of the telecommunications network establishment permit related to the regulations (applicable to earth satellites belonging to the telecommunications network that have already been granted a permit); or

A notarized or certified copy of the Contract for satellite information service usage according to the regulations (applicable to independent earth satellites operated by organizations or enterprises using satellite information services from telecommunications enterprises that have been granted permits by the Ministry of Information and Communications); or

A copy of the permit for providing satellite broadcasting and television transmission services according to the regulations (applicable to news agencies and enterprises providing broadcasting and television transmission services); or

A copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate (applicable to organizations or enterprises operating outside the sea, multinational companies, government agencies, software development zones, and high-tech zones when using regional or international satellites); or

A certified copy of the document issued by the competent authority according to the regulations (applicable to organizations or enterprises permitted to participate in activities ensuring aviation safety and maritime safety according to the regulations of the International Civil Aviation Organization - ICAO and the International Maritime Organization - IMO when using regional or international satellites).

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of one of the corresponding documents stipulated in point b, Clause 1 of this Article (if the corresponding documents previously required have changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 18. Documents for application to issue, extend, amend, or supplement the contents of the Frequency and Radio Equipment Usage Permit for foreign diplomatic representative offices' radio stations, senior foreign delegations enjoying preferential treatment and diplomatic immunity, and foreign press accompanying such delegations

1. Issuing the Frequency and Radio Equipment Usage Permit for earth satellites of foreign diplomatic representative offices, senior foreign delegations visiting Vietnam enjoying preferential treatment and diplomatic immunity, and foreign press accompanying such delegations shall be carried out according to the provisions of Circular No. 01/2006/TTLT-BBCVT-BNG-BCA dated March 3, 2006 guiding the issuance of permits for satellite communication stations (referred to as earth satellites in this Circular) for foreign diplomatic representative offices, foreign delegations, and foreign press accompanying foreign delegations.

2. For radio stations (excluding earth satellites) of foreign diplomatic representative offices

a) New application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to the corresponding model specified in Appendix 2 of this Circular;

- A copy of the telecommunications network establishment permit related to the regulations;

- A request letter from the Ministry of Foreign Affairs (for radio stations of diplomatic missions and consular posts).

b) Extension application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to the corresponding model specified in Appendix 2 of this Circular;

- A copy of the telecommunications network establishment permit related to the regulations (if the previously issued permit has been changed).

c) Amendment and supplementation application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to the corresponding model specified in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

3. For radio stations (excluding earth satellites) of senior foreign delegations enjoying preferential treatment and diplomatic immunity, and foreign press accompanying such delegations

a) New application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular;

- A request letter from the host agency.

b) Extension application documents include:

The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular.

c) Amendment and supplementation application documents include:

- The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular;

- Explanatory documents regarding the content to be amended or supplemented (if required).

Article 19. Documents for requesting issuance, extension, amendment, and supplementation of the Content of the Radio Frequency and Radio Equipment Usage Permit for internal radio communication networks, private telecommunications networks using frequencies for mobile services.

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1g in Appendix 2 of this Circular;

b) A copy of the permit to establish a related private telecommunications network according to regulations (not applicable for internal radio communication networks);

c) A certified copy of the Identity Card or Passport still valid for the individual applying for the permit.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the permit to establish a related private telecommunications network according to regulations (if there has been a change in the previously issued permit);

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 20. Documents for requesting issuance, extension, amendment, and supplementation of the Content of the Radio Frequency and Radio Equipment Usage Permit for ship stations (not applicable for earth satellites not part of the GMDSS system);

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1h in Appendix 2 of this Circular;

b) A certified copy of the Identity Card or Passport still valid for the individual applying for the permit.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 21. Documents for requesting issuance, extension, amendment, and supplementation of the Content of the Radio Frequency and Radio Equipment Usage Permit for radio equipment used for technology demonstration at exhibitions and trade fairs;

1. New application documents include:

a) The application form for issuing the Radio Frequency and Radio Equipment Usage Permit according to Model 1k in Appendix 2 of this Circular;

b) A copy of the document permitting temporary import and re-export of radio equipment issued by the Ministry of Information and Communications.

2. Extension application documents as stipulated in point a, Clause 1 of this Article.

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 22. Documents for requesting issuance, extension, amendment, and supplementation of the Content of the Radio Frequency and Radio Equipment Usage Permit for fixed stations, shore stations (not communicating with satellites), individual equipment, and cases not specified in Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and Article 21 of this Circular;

1. New application documents include:

a) A completed application form for the issuance of the Frequency Usage and Radio Equipment Permit according to Model 1a in Appendix 2 of this Circular;

b) A copy of the permit to establish a related telecommunications network according to regulations;

c) A certified copy of the Identity Card or Passport still valid for the individual applying for the permit.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the telecommunications network establishment permit related to the regulations (if the previously issued permit has been changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 23. Time Limit for Processing Applications for Issuance of the Frequency Usage and Radio Equipment Permit

1. For applications for permits for amateur radio stations, ship stations, radio stations installed on fishing vessels, the Radio Frequency Management Department shall handle the issuance, extension, amendment, and supplementation of the permit within ten working days from the date of receipt of complete and valid documents.

For other cases, the Radio Frequency Management Department shall handle the issuance, extension, amendment, and supplementation of the permit within twenty working days from the date of receipt of complete and valid documents.

2. In special cases, when an organization or individual submits applications for issuance, amendment, and supplementation of the Radio Frequency Usage Permit within twenty working days, and the number of radio frequencies required exceeds one hundred, the Radio Frequency Management Department shall notify in writing the reasons and the expected resolution time (maximum six months) within five working days from the date of receipt of complete and valid documents.‎‎purpose and anticipated time for resolution (maximum not exceeding six months) for organizations and individuals requesting a permit.

3. If the documents are incomplete or invalid, within five working days from the date of receipt of the documents, the Radio Frequency Management Department shall notify and guide in writing the organization or individual to supplement and perfect the documents.

4. In case of refusal to issue the permit, the Radio Frequency Management Department shall notify in writing the reasons for refusal to the organization or individual within the time limit specified in Clauses 1 and 2 of this Article.

5. In cases where frequency changes are necessary due to harmful interference that cannot be resolved, the processing time for issuing the permit shall not exceed ten working days from the date of the conclusion on harmful interference resolution.

Article 24. Authorities Receiving Applications and Issuing Licenses

Organizations and individuals requesting the issuance of the Radio Frequency and Radio Equipment Usage Permit shall submit the application and receive the permit at one of the following agencies:

1. The Radio Frequency Management Department;

2. Regional Radio Frequency Centers under the Radio Frequency Management Department;

3. Other coordinating agencies authorized by the Radio Frequency Management Department.

SECTION 2. ISSUANCE, EXTENSION, AMENDMENT, AND SUPPLEMENTATION OF THE CONTENT OF THE BAND USAGE PERMIT

Article 25. Application Documents for Issuance, Extension, Amendment, and Supplement of Content of Frequency Band Usage License

1. New application documents include:

a) For organizations and businesses that have won the auction or been selected in the tender for the right to use radio frequencies, they are not required to submit an application for the Band Usage Permit and will be issued the Band Usage Permit after obtaining the relevant telecommunications permit.

b) For organizations and businesses granted licenses through direct issuance, the application documents include:

- A declaration form for requesting issuance of Frequency Band Usage License according to Model 2 in Appendix 2 of this Circular;

- A copy of the relevant telecommunications permit according to regulations.

2. Documents for extending the permit include:

a) A declaration form for requesting issuance of Frequency Band Usage License according to Model 2 in Appendix 2 of this Circular;

b) A copy of the relevant telecommunications permit according to regulations (if there has been a change in the previously issued telecommunications permit).

3. Amendment and supplementation application documents include:

a) A declaration form for requesting issuance of Frequency Band Usage License according to Model 2 in Appendix 2 of this Circular;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 26. Timeframe for Issuing Frequency Band Usage License

1. The Frequency Management Agency shall handle issuance, extension, amendment, and supplement of content of Frequency Band Usage Licenses as follows:

a) For auction and tender cases: issue a new permit within twenty working days from the date the business wins the auction or is selected in the tender and obtains the telecommunications permit; extend, amend, and supplement the permit content within sixty working days from the date of receipt of complete and valid documents.

This provision does not apply if there are specific provisions in the Auction and Competitive Bidding Regulations.

b) For direct permit issuance cases: issue a new permit, extend, amend, and supplement the permit content within sixty working days from the date of receipt of complete and valid documents.

2. If the documents are incomplete or invalid, within five working days from the date of receipt of the documents, the Radio Frequency Management Department shall notify and guide in writing the organization or individual to supplement and perfect the documents.

3. In case of refusal to issue the permit, the Radio Frequency Management Department shall notify in writing the reasons for refusal to the organization or individual within the time limit stipulated in Clause 1 of this Article.

Article 27. Authorities Receiving Applications and Issuing Frequency Band Usage Licenses

Agency receiving applications and delivering the Band Usage Permit: The Radio Frequency Management Department.

PART 3. ISSUANCE, EXTENSION, AMENDMENT AND SUPPLEMENTATION OF CONTENT OF LICENSE FOR FREQUENCY USE AND SATELLITE ORBIT

Article 28. Application Documents for Issuance, Extension, Amendment, and Supplement of Content of Frequency Usage and Satellite Orbit License

1. New application documents include:

a) A declaration form for requesting issuance of Frequency Usage and Satellite Orbit License according to Model 3 in Appendix 2 of this Circular;

b) A copy of the telecommunications network establishment permit related to the regulations.

2. Documents for extending the permit include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) A copy of the telecommunications network establishment permit related to the regulations (if the previously issued permit has been changed).

3. Amendment and supplementation application documents include:

a) A completed application form as stipulated in point a, Clause 1 of this Article;

b) Explanatory documents regarding the content to be amended or supplemented (if required).

Article 29. Time for Processing Frequency License Issuance

1. The Radio Frequency Management Department shall examine and resolve applications for issuance, extension, amendment and supplementation of license content within a period not exceeding 45 working days from the date of receipt of complete and valid application files.

2. If the documents are incomplete or invalid, within five working days from the date of receipt of the documents, the Radio Frequency Management Department shall notify and guide in writing the organization or individual to supplement and perfect the documents.

3. In case of refusal to issue the permit, the Radio Frequency Management Department shall notify in writing the reasons for refusal to the organization or individual within the time limit stipulated in Clause 1 of this Article.

Article 30. Authority Receiving Application Files and Delivering Licenses

The agency receiving application files and issuing the License for Frequency Use and Satellite Orbit is the Radio Frequency Management Department.

PART 4. REVOCATION OF LICENSE FOR RADIO FREQUENCY USE

Article 31. Revocation of Radio Frequency Usage License

1. The revocation of the radio frequency use license for organizations and individuals violating laws on radio frequencies as stipulated in Clause 1, Article 23 of the Law on Radio Frequencies is regulated as follows:

a) For cases prescribed in points a and b of Clause 1, Article 23 of the Law on Radio Frequencies, the revocation of the radio frequency use license shall be based on the decision of the Court or competent state agencies.

b) For cases prescribed in points c, d and e of Clause 1, Article 23 of the Law on Radio Frequencies, the revocation of the radio frequency use license shall be based on the conclusion of the Inspectorate or the results of radio frequency inspection or the decision of the Court.

c) For the case prescribed in point đ of Clause 1, Article 23 of the Law on Radio Frequencies, the revocation of the radio frequency use license shall be carried out if, within 60 days from the date the competent authority sends a notice regarding fees, charges or other financial obligations according to regulations, the organization or individual does not pay the full amount of fees and charges for radio frequencies or does not fulfill other financial obligations.

2. Organizations and individuals must cease using the frequency and radio equipment according to the Decision to Revoke the Radio Frequency Usage License issued by the Radio Frequency Management Department.

3. The list of organizations and individuals whose radio frequency usage licenses have been revoked and‎reasons for revocation shall be publicly announced on the electronic information website of the Radio Frequency Management Department.

Chapter III

LEASING AND LOANING OF RADIO EQUIPMENT

Article 32. Regulations on Leasing and Lending of Radio Equipment

1. Organizations and individuals who are owners of ships, aircraft, river vessels, fishing vessels, amateur radio stations, and owners of other means of transportation equipped with radio equipment (excluding earth satellites) may lease or lend their radio equipment, which has been licensed, to other organizations or individuals for exploitation.

2. The lessor, lender, lessee, and borrower of radio equipment must comply with the provisions in the License for Frequency Use and Radio Equipment, the regulations of the law on radio frequencies, and other relevant laws. Violations of the law on radio frequencies by the lessee, borrower, lessor, and lender of radio equipment shall be handled according to the regulations.

3. The lessor, lender of radio equipment shall be responsible for:

a) Ensuring that the lessee or borrower of radio equipment does not belong to the list of those whose radio frequency use licenses have been revoked and publicly announced according to Clause 3, Article 31 of this Circular.

b) Checking and retaining during the leasing and lending period and one year after the termination of leasing and lending the following documents:

- A certified copy of the Identity Card or Passport still valid of the individual leasing or borrowing; or

- A certified copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate of the organization leasing or borrowing;

- A certified copy of the Radio Operator Certificate of the lessee or borrower;

- The lease or loan contract for radio equipment.

Article 33. Conditions for renting or borrowing radio equipment

1. The lessee or borrower of radio equipment is an organization or Vietnamese citizen; foreign organizations legally operating in Vietnam; foreigners using amateur radio stations.

2. The person directly operating the radio equipment belonging to maritime mobile, air mobile, and amateur radio services of the renter or borrower must have a radio operator certificate.

3. The subject renting or borrowing radio equipment shall not be on the list of entities whose radio frequency usage licenses have been revoked and publicly announced in accordance with Clause 3, Article 31 of this Circular.

Article 34. Contract for renting or borrowing radio equipment

1. In addition to complying with relevant legal provisions, the contract for renting or borrowing radio equipment must include the following information:

a) Name, address, contact phone number of the renter or borrower;

b) Number of the Radio Frequency Usage License and Radio Equipment Usage License;

c) Frequency used, communication time;

d) Term of rental or borrowing of radio equipment;

e) Date of delivery of radio equipment.

2. In case there is a change in the content of the Radio Frequency Usage License and Radio Equipment Usage License or a change in the information specified in Clause 1 of this Article, the contract must be amended and supplemented accordingly.

3. Within 7 working days after the Lease or Borrowing Contract for radio equipment is amended, supplemented, or terminated, the organization or individual leasing or lending radio equipment must notify in writing the Regional Frequency Management Center about the amendment, supplementation, or termination of the Contract.

Article 35. Procedures for renting or borrowing radio equipment

1. Organizations and individuals renting or borrowing radio equipment shall prepare a rental or borrowing dossier. The dossier includes:

a) Notification document regarding leasing or lending;

b) Rental or borrowing contract.

2. At least 5 working days before handing over radio equipment to the lessee or borrower of radio equipment, the organization or individual leasing or lending radio equipment must send the Lease or Lending File to the Regional Frequency Management Center.

3. Procedures for leasing or borrowing amateur radio equipment for communication at locations different from those specified in the license and the relocation of amateur radio stations to another locality for exploitation shall be implemented according to the provisions of point d, Clause 7, Decision No. 18/2008/QĐ-BTTTT dated April 4, 2008 of the Minister of Information and Communications on "Regulations on Amateur Radio Activities".

Chapter IV

SHARING OF RADIO FREQUENCIES

Article 36. Cases requiring shared use of radio frequencies

Organizations and individuals using frequencies and radio equipment in the following cases must share radio frequencies with other organizations and individuals in accordance with the provisions of the License for Frequency Use and Radio Equipment:

1. Private telecommunications networks using radio frequencies in mobile services with transmission power up to 5 watts (not applicable to wireless information networks where the use of frequencies and radio equipment is related to human life safety; internal wireless information networks).

2. Radio stations for communication with fishing vessels.

3. Shore stations (not providing telecommunications services or public services at sea).

Article 37. Provisions on exploitation on shared frequency bands

1. Adhere to the principle that communication shall only serve work purposes, be directed at the intended recipient, and comply with the usage purpose specified in the license.

2. A call can only be established when the radio frequency channel is idle and not being used by anyone, except in cases involving emergency situations and human life safety.

3. Must use the call signs prescribed in the Radio Frequency and Radio Equipment Usage License.

4. Communication time must be kept as short as possible, not exceeding 5 minutes for each conversation.

Article 38. Procedures for exploitation on shared frequency bands

1. Before transmission, listen on the intended frequency to ensure it is idle.

2. Transmit call signs at the beginning and end of each call.

3. Permission is granted to switch to a backup frequency (as stipulated in the Radio Frequency Usage License) in case the primary assigned frequency is interfered with or being used by another organization or individual.

Article 39. Responsibilities of organizations and individuals using shared frequencies

1. Use encryption or other technical measures to ensure the confidentiality of information according to the code provided by the Radio Frequency Management Agency (for organizations and individuals requiring encryption services).

2. Report to the Radio Frequency Management Agency upon discovering unauthorized exploitation on shared frequency bands.

3. Shall not intentionally intercept and use information obtained from other radio stations operating on shared frequency bands.

Chapter V

IMPLEMENTATION

Article 40. Effective Date

1. This Circular takes effect from December 15, 2010.

2. The Circular number 02/2008/TT-BTTTT dated April 4, 2008, issued by the Minister of Information and Communications guiding the issuance of frequency band licenses, is hereby abolished.

3. In the course of implementation, if any issues arise or difficulties occur, organizations and individuals shall promptly report to the Ministry of Information and Communications for consideration, supplementation, and amendment./.