Decision No. 336/2005/QD-TTg On Approving the National Radio Frequency Spectrum Plan

DECISION OF THE PRIME MINISTER

Regarding the approval of the National Radio Frequency Spectrum Plan

PRIME MINISTER

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

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

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

At the proposal of the Minister of Posts and Telecommunications,

DECISION:

Article 1. Approve the National Radio Frequency Spectrum Plan with the main contents as follows:

I. OBJECTIVES OF THE PLAN

The radio frequency spectrum is a precious national resource. The use, exploitation, and management of the radio frequency spectrum must be strictly ensured to be effective and highly economical; at the same time, it must ensure the normal operation of radio services, prevent harmful interference between stations, services, and radio communication systems, and protect national sovereignty and security.

The National Radio Frequency Spectrum Plan aims to develop modern, synchronized, and long-term stable radio communication networks, in line with international development trends, meeting information needs for economic and social development, national defense, and security, contributing to the industrialization and modernization of the country and integration into the international economy.

The National Radio Frequency Spectrum Plan serves as a basis for ministries, sectors, organizations, and individuals to guide their research and development, production, installation, and exploitation activities of radio equipment within the territory of Vietnam; it also serves as a basis for developing and promulgating detailed plans, including band planning, channel planning, and radio frequency spectrum planning by region.

II. PRINCIPLES OF PLANNING

1. In accordance with the Post and Telecommunications Ordinance, Decree No. 24/2004/NĐ-CP of the Government detailing the implementation of certain provisions of the Post and Telecommunications Ordinance concerning radio frequencies, and current Vietnamese legal regulations.

2. In accordance with the International Telecommunication Union's regulations on frequency allocation for radio services.

3. Efficient, rational, and economical management and exploitation of the radio frequency spectrum, ensuring national interests and sovereignty.

4. Ensuring information security and national security.

5. Considering the specific characteristics of the current use of the radio frequency spectrum in Vietnam, ensuring the transition from the existing status to the new plan with the least cost, without affecting the operations of important national communication networks.

6. Prioritizing reasonable support for new transmission technologies and meeting the demand for radio frequency bands for services in Vietnam in the coming years.

7. Allocating specific bands for national defense and security purposes according to appropriate ratios based on requirements and tasks at different periods.

III. CONTENT OF THE PLAN

The National Radio Frequency Spectrum Plan is a scheme dividing the radio frequency spectrum (frequency range from 0 kHz to 1000 GHz) into smaller bands for various services and specifying purposes and conditions to ensure orderly exploitation and optimal use of the radio frequency spectrum nationwide. The main content of the National Radio Frequency Spectrum Plan issued together with this Decision includes:

1. Table of frequency allocations for services.

2. Vietnamese annotations: specifying conditions for using certain specific bands in Vietnam.

3. Relevant International Telecommunication Union annotations, including: conditions of use for each specific frequency band/channel specified in the table of frequency allocations for services as defined by the International Telecommunication Union.

IV. IMPLEMENTATION OF THE PLAN

1. The Ministry of Posts and Telecommunications, based on the National Radio Frequency Spectrum Plan:

- Issuing band plans, channel plans, and regional radio frequency spectrum plans; developing policies and legal regulations on the use, exploitation, and management of the radio frequency spectrum.

- Taking the lead and coordinating with the Ministry of Defense and the Ministry of Public Security to develop band allocation schemes for national defense and security purposes, submitting them to the Prime Minister for approval after obtaining the opinion of the Radio Frequency Commission.

2. During the implementation of the plan, the Prime Minister assigns the Ministry of Posts and Telecommunications to adjust the plan to comply with International Telecommunication Union regulations, taking into account Vietnam's actual conditions, without affecting national defense and security. Adjustments that impact national defense and security must be approved by the Prime Minister.

3. Production, import, or use of radio equipment and radio wave application devices in Vietnam (excluding temporarily imported and re-exported equipment; equipment produced for export; equipment for technology introduction at exhibitions and trade fairs) must be carried out in accordance with the plan.

Article 2. The Ministry of Posts and Telecommunications is responsible for guiding, inspecting, auditing, and handling violations by organizations and individuals in implementing the plan.

Article 3. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 85/1998/QĐ-TTg dated April 16, 1998.

Article 4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees under the central government are responsible for implementing this Decision.