Law on Radio Frequency No. 42/2009/QH12

LAW

Radio Frequency

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly enacts the Law on Radio Frequency.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the management and use of radio frequency, radio equipment, satellite orbits, and the management of radio frequency radiation safety and electromagnetic compatibility (hereinafter collectively referred to as the management and use of radio frequency), the rights and obligations of organizations and individuals participating in the management and use of radio frequency.

Article 2. Applicability

This Law applies to organizations and individuals participating in the management and use of radio frequency in Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Radio frequency is the frequency of radio waves. Radio waves are electromagnetic waves with frequencies lower than 3000 gigahertz (GHz) that propagate freely in space without artificial waveguides.

2. Radio frequency spectrum is the entire range of radio frequencies.

3. Radio frequency band (hereinafter referred to as band) is a range of radio frequencies limited by two specific frequencies.

4. Radio frequency channel (hereinafter referred to as channel) is a range of radio frequencies defined by the width and central frequency of the channel or other characteristic parameters.

5. Radio communication information is the transmission, emission, or reception of symbols, signals, data, writing, images, sound, or other forms of information using radio waves.

6. Radio service is the transmission, emission, or reception of radio waves for a specific purpose of radio communication information, including fixed, mobile, broadcasting, television, aviation, maritime, navigation, satellite, standard, amateur, and other radio services. Radio services are classified into primary and secondary services. Primary service is a radio service specified for priority use in the National Radio Frequency Spectrum Plan. Secondary service is a radio service not specified for priority use in the National Radio Frequency Spectrum Plan.

7. Radio station is one or a combination of radio equipment, including auxiliary equipment deployed to perform radio services. Radio stations are classified according to the service they operate regularly or temporarily.

8. Radio frequency radiation is energy generated in the form of radio waves from any source.

9. Radio emission is the radiation of a radio transmitter.

10. Radio equipment is equipment for receiving, transmitting, or both receiving and transmitting symbols, signals, data, writing, images, sound, or other forms of information using radio waves.

11. Radio wave application equipment is equipment generating and utilizing local radio wave energy for industrial, scientific, medical, household, or similar applications, except for radio equipment.

12. Satellite orbit is the path of movement of a satellite in space.

13. Harmful interference is the harmful effect of electromagnetic energy due to radio emission or induction causing loss of safety or hindrance, interrupting the operation of legally operating radio equipment or systems.

14. Electromagnetic compatibility is the ability of radio, electrical, and electronic equipment systems to operate normally in an electromagnetic environment without causing interference to other equipment or systems.

15. Allocation of radio frequency is the assignment of a specific band or channel to one or more organizations or individuals for use under certain conditions for a particular type of radio service.

16. Assignment of radio frequency is the determination to allow organizations or individuals to use radio frequency or channel under certain conditions for a specific radio station.

17. Inspection of radio frequency is the examination of the actual situation of the use of radio frequency, radio equipment, radio frequency usage permits, Radio Operator Certificates, measurement of technical parameters of radio stations, identification of causes of harmful interference to assess and comment on compliance with legal regulations on radio frequency.

18. Monitoring of radio frequency is the tracking and supervision of radio wave transmission activities through technical means.

Article 4. State policy on radio frequency spectrum

1. Prioritize the development of human resources and material-technical infrastructure to ensure effective management and utilization of radio frequency spectrum.

2. Strengthen international cooperation on radio frequency spectrum to protect the state's interests, national sovereignty over radio frequency spectrum and satellite orbits.

3. Prioritize the use of radio frequency spectrum in remote areas, border regions, islands, areas with particularly difficult socio-economic conditions, and for defense, security, disaster prevention and control, and disease prevention and control.

4. Prioritize and encourage research, development, and application of technology to effectively utilize the radio frequency spectrum.

5. Encourage and support organizations participating in registering satellite orbit positions.

Article 5. Responsibilities for state management of radio frequency spectrum

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

2. The Ministry of Information and Communications shall be responsible before the Government for uniformly managing state affairs concerning radio frequency spectrum, performing the following tasks and powers:

a) Issuing or submitting to competent state agencies for issuance and implementation of regulatory legal documents on radio frequency spectrum; issuing national technical standards for radio equipment, radio emission, electromagnetic compatibility, and radio frequency radiation safety;

b) Approving or submitting to competent state agencies for approval and implementation of radio frequency spectrum planning; allocating frequency bands for defense and security purposes; stipulating conditions for allocation, assignment, and use of radio frequency spectrum;

d) Organizing coordination of radio frequency spectrum and satellite orbits with other countries, territories, and international organizations; registering radio frequency spectrum and satellite orbits with international organizations;

đ) Inspecting, supervising radio frequency spectrum, and handling harmful interference;

g) International cooperation on radio frequency spectrum;

i) Promoting and disseminating laws on radio frequency spectrum.

3. Ministries and equivalent agencies within their respective duties and powers shall cooperate with the Ministry of Information and Communications to implement state management of radio frequency spectrum.

4. People's Committees at all levels within their respective duties and powers shall implement state management of radio frequency spectrum locally.

Article 6. Specialized management agency for radio frequency spectrum

The specialized management agency for radio frequency spectrum is an agency under the Ministry of Information and Communications, responsible for assisting the Minister of Information and Communications in performing certain state management tasks concerning radio frequency spectrum according to the division of labor and delegation by competent state agencies.

Article 7. Specialized inspection of radio frequency spectrum

Specialized inspection of radio frequency spectrum and establishment of specialized inspection organizational structures shall be carried out by the Ministry of Information and Communications in accordance with laws on inspection.

Article 8. International Cooperation on Radio Frequencies

1. International cooperation on radio frequencies shall be carried out based on the principles of respecting independence, sovereignty, equality, and mutual benefit.

2. The contents of international cooperation on radio frequencies include:

a) Signing international treaties and agreements on radio frequencies;

b) Registering and coordinating internationally on radio frequencies and satellite orbits;

c) Exchanging information and experiences on radio frequencies to enhance the efficiency of managing and using radio frequencies in Vietnam in line with global development trends;

d) Establishing and developing cooperative relations on managing and using radio frequencies with countries and territories; training and developing human resources; building and implementing international programs and projects on radio frequencies.

Article 9. Prohibited Acts

1. Using frequencies and radio equipment to oppose the Socialist Republic of Vietnam; harming national defense, security, public order, and social safety; causing damage to the interests of the State, and the legitimate rights and interests of organizations and individuals.

2. Using radio frequencies reserved for emergency, safety, search and rescue, disaster relief, national defense, and security purposes for other purposes.

3. Obstructing agencies, organizations, and persons performing official duties in carrying out inspection, supervision, and control tasks related to radio frequencies and satellite orbits.

4. Intentionally causing harmful interference, illegally obstructing the operation of radio communication systems.

5. Damaging technical infrastructure for radio communications; illegally obstructing the construction of lawful technical infrastructure for radio communications.

6. Misusing positions and powers to violate laws on radio frequencies.

Chapter II

RADIO FREQUENCY PLANNING

Article 10. Principles for Developing and Approving Radio Frequency Planning

1. Comply with Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a member, and conform to international laws and practices.

2. Be consistent with the country's economic and social development strategies, plans at each period, ensuring harmony between the needs for using radio frequencies to serve economic and social development, national defense, and security.

3. Be consistent with the global trend in the development of radio services, while taking into account the current status of radio frequency usage in Vietnam.

4. Ensure reasonable, efficient, economical, and purposeful management and use of radio frequencies.

5. Apply new and advanced technologies to effectively utilize the radio frequency spectrum.

6. Be consistent with the convergence trend of technology and radio services.

1. Radio frequency planning includes:

a) National radio frequency spectrum planning is the division of the radio frequency spectrum into bands for various radio services and specifies the purposes and conditions of use for each band;

d) Frequency channel utilization planning arranges and specifies the conditions of use for frequency channels for a specific radio service system.

2. The authority to approve and implement radio frequency planning is stipulated as follows:

a) The Minister of Information and Communications shall develop and submit for approval;

b) The Minister of Information and Communications shall approve band planning, frequency channel planning, and frequency channel utilization planning based on the national radio frequency spectrum planning;

c) The Minister of Information and Communications shall organize the implementation of radio frequency planning;

d) The Minister of Information and Communications shall take the lead in coordinating with competent authorities to review the compatibility of development plans of sectors using radio frequencies with radio frequency planning.

Article 12. Recovery of the Right to Use Radio Frequency for Planning Purposes

1. Recovery of the right to use radio frequency for planning purposes refers to the act of a competent state agency deciding to reclaim part or all of the allocated frequency band or channel from organizations or individuals when the radio frequency usage permit is still valid, for the purpose of changing the use or user.

2. The recovery of the right to use radio frequency shall be carried out in the following cases:

a) Recovery for the use of radio frequency for national defense, security, and national interests.

b) The purpose or user of the radio frequency does not align with the radio frequency planning.

3. The Ministry of Information and Communications shall publicly announce the radio frequency planning, the time and plan for frequency transition, radio equipment for implementing the planning, and notify organizations and individuals whose rights to use radio frequencies are being reclaimed.

5. Organizations and individuals whose rights to use radio frequencies are being reclaimed as stipulated in Clause 2 of this Article shall be compensated in accordance with the provisions of the law.

Chapter III

RADIO FREQUENCY RADIATION QUALITY MANAGEMENT, RADIO FREQUENCY IRRADIATION SAFETY AND ELECTROMAGNETIC COMPATIBILITY

Article 13. Management of Radio Frequency Radiation Quality

1. Organizations and individuals producing or importing radio equipment listed in the Catalogue of Radio Equipment Capable of Causing Harmful Interference must conduct conformity certification, publicize conformity, and use conformity marks before placing such equipment on the market or putting it into use.

2. The Minister of Information and Communications shall issue the Catalogue of Radio Equipment Capable of Causing Harmful Interference that requires conformity certification, publicizing conformity, and using conformity marks.

3. The Ministry of Science and Technology shall review and publish national standards on radio frequency radiation after reaching consensus with the Ministry of Information and Communications.

4. Mutual recognition of conformity assessment results concerning radio frequency radiation standards and technical regulations between Vietnam and other countries or territories shall be implemented in accordance with international treaties to which the Socialist Republic of Vietnam is a member; mutual recognition between conformity assessment organizations in Vietnam and those in other countries or territories shall be conducted based on agreements between the parties.

Article 14. Management of Radio Frequency Irradiation Safety

1. Ensuring safety from radio frequency irradiation involves measures aimed at preventing, combating, or reducing the harmful effects of radio frequency irradiation from radio stations, radio equipment, and radio wave application devices on humans and the environment.

2. Organizations and individuals using radio stations, radio equipment, and radio wave application devices must comply with legal provisions regarding the assurance of safety from radio frequency irradiation.

3. Organizations and individuals producing or importing radio equipment and radio wave application devices listed in the Catalogue of Radio Equipment and Radio Wave Application Devices Capable of Causing Loss of Safety from Radio Frequency Irradiation must conduct conformity certification, publicize conformity, and use conformity marks before placing such equipment on the market or putting it into use.

4. Organizations and individuals must conduct inspections before putting radio stations listed in the Catalogue of Mandatory Inspections for Safety from Radio Frequency Irradiation into use.

5. The Minister of Information and Communications shall issue the Catalogue of Radio Equipment and Radio Wave Application Devices Capable of Causing Loss of Safety from Radio Frequency Irradiation that require conformity certification, publicizing conformity, and using conformity marks; the Catalogue of Radio Stations Subject to Mandatory Inspections for Safety from Radio Frequency Irradiation; procedures for inspections and publication of lists of organizations qualified to conduct inspections for safety from radio frequency irradiation for radio stations.

Article 15. Electromagnetic Compatibility Management

1. Organizations and individuals bringing electrical and electronic equipment with radio frequency radiation into use must comply with the legal provisions on electromagnetic compatibility management.

2. Organizations and individuals producing or importing electrical and electronic equipment with radio frequency radiation listed in the Catalogue of Equipment Capable of Causing Safety Hazards Due to Lack of Electromagnetic Compatibility as stipulated in Clause 3 and Clause 4 of this Article, before putting such equipment into circulation in the market or using them, must carry out conformity certification, declare conformity, and use the conformity mark.

3. The Minister of Information and Communications shall promulgate the Catalogue of Radio Frequency Equipment, Telecommunications Equipment, and Information Technology Equipment, and Radio Wave Application Equipment capable of causing safety hazards due to lack of electromagnetic compatibility.

4. The Minister of Science and Technology shall promulgate the Catalogue of Electrical and Electronic Equipment with Radio Frequency Radiation capable of causing safety hazards due to lack of electromagnetic compatibility, except for equipment listed in the Catalogue prescribed in Clause 3 of this Article; announce National Standards on Electromagnetic Compatibility for Electrical and Electronic Equipment with Radio Frequency Radiation after reaching consensus with the Ministry of Information and Communications.

5. Mutual recognition of assessment results regarding compliance with standards and technical regulations on electromagnetic compatibility between Vietnam and other countries or territories shall be carried out in accordance with international treaties to which the Socialist Republic of Vietnam is a member; mutual recognition among conformity assessment organizations of Vietnam and those of other countries or territories shall be conducted according to agreements between the parties.

Chapter IV

LICENSE ISSUANCE AND USE OF RADIO FREQUENCY

Article 16. License for Using Radio Frequency

1. Organizations and individuals using radio frequencies, radio equipment must have corresponding licenses for using radio frequencies, except as provided for in Article 27 of this Law. Licenses for using radio frequencies include: License for Using Radio Frequencies and Radio Equipment, License for Using Frequency Bands, and License for Using Radio Frequencies and Satellite Orbits.

2. The validity period of the license for using radio frequencies is defined as follows:

a) The License for Using Radio Frequencies and Radio Equipment has a maximum validity period of 10 years, issued to organizations and individuals to use radio frequencies and radio equipment along with specific conditions.

b) The License for Using Frequency Bands has a maximum validity period of 15 years, issued to organizations to use frequency bands or specific frequency channels along with specific conditions.

c) The License for Using Radio Frequencies and Satellite Orbits has a maximum validity period of 20 years, issued to organizations to operate radio stations placed on satellites at specific orbital positions using specific frequency bands along with specific conditions.

Article 17. Principles for Issuing Frequency Usage Licenses

1. Transparency, fairness, compliance with laws.

3. Meeting requirements for technological convergence and radio services.

4. Ensuring feasibility, rationality, efficiency, economy, and purposefulness; protecting the rights and legitimate interests of users of radio services.

5. Primary operations take precedence over secondary operations.

6. Meeting the needs for using radio frequencies to serve public benefits and state public duties.

7. The issuance of frequency usage licenses to diplomatic missions, foreign consular offices, international organizations' representative offices in Vietnam, and high-level foreign delegations visiting Vietnam, which enjoy diplomatic privileges and immunities, must comply with this Law, international treaties to which the Socialist Republic of Vietnam is a party, and international law.

1. The methods for issuing frequency usage licenses are stipulated as follows:

a) Direct issuance based on reviewing the application dossier.

b) Issuance through frequency usage bidding based on evaluating the bidding dossier according to basic criteria regarding financial capacity and investment, technical and operational capacity, business capacity, and human resources.

c) Issuance through frequency usage auction based on evaluating the auction dossier according to certain criteria and the bid price offered by enterprises.

2. The direct issuance method applies to radio frequencies serving state public duties or having low commercial value, or where the demand for use does not exceed the frequency allocation capacity determined in the frequency usage plan, following the principle that applicants who register first will be considered for issuance first.

3. The auction and bidding method for frequency usage is stipulated as follows:

a) Applied to frequency bands and channels with high commercial value and where the demand for use exceeds the allocation capacity determined in the frequency usage plan.

b) Organizations participating in auctions and bids for frequency bands and channels must meet the conditions to be considered for issuance of telecommunications network establishment licenses under telecommunications law.

c) The Prime Minister shall provide detailed regulations on frequency usage auctions; decide on frequency bands and channels to be auctioned and transferred for use during each period, consistent with the frequency usage plan. The Minister of Information and Communications shall provide detailed regulations on frequency usage bidding.

Article 19. Issuance of Frequency and Radio Equipment Usage Licenses

1. The subjects eligible for license issuance include:

a) Vietnamese organizations and citizens, and foreign organizations legally operating in Vietnam;

2. Conditions for eligibility for license issuance include:

a) Using frequencies and radio equipment for radio purposes and operations not prohibited by law.

đ) Having radio equipment meeting technical standards for radio emission, radio safety, and electromagnetic compatibility.

e) Committing to comply with legal provisions on ensuring information security, interference resolution, and radio safety.

g) Holding a Radio Operator Certificate for cases specified in Clause 1 of Article 32 of this Law.

1. The subject eligible for the permit issuance is an organization legally operating in Vietnam.

2. Conditions for obtaining the permit are stipulated as follows:

a) Meeting all conditions for permit issuance as specified in points a, b, d, đ, and e of Clause 2, Article 19 of this Law in cases of direct permit issuance;

b) Winning in auction or being selected through competitive bidding for the right to use radio frequency.

Article 21. Issuing Radio Frequency and Satellite Orbit Usage Permit

1. The subject eligible for the permit issuance is an organization legally operating in Vietnam.

2. Conditions for eligibility for license issuance include:

a) Having financial, technical capabilities, and human resources to manage and operate satellites;

b) Having an effective and feasible plan to utilize satellite orbits for radio services purposes not prohibited by law;

c) Committing to comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party regarding the use of radio frequencies, satellite orbits, and outer space.

1. Extension of the permit must be based on the principles of issuing radio frequency usage permits as stipulated in Article 17 of this Law and the following provisions:

a) Organizations and individuals holding the permit fully fulfill the obligations prescribed for each type of radio frequency usage permit;

b) The validity period of the permit remaining at least 30 days for radio frequency and equipment usage permits, 60 days for band usage permits, and 90 days for radio frequency and satellite orbit usage permits;

c) The total duration of initial issuance and subsequent extensions of the permit does not exceed the maximum duration prescribed for each type of radio frequency usage permit; in cases where the initial issuance is for the maximum duration prescribed for the permit type, extension can only be considered up to one year.

2. Amendment and supplementation of the radio frequency usage permit must be based on the principles of issuing radio frequency usage permits as stipulated in Article 17 of this Law and the following provisions:

a) The radio frequency usage permit remains valid;

b) Organizations and individuals holding the permit fully fulfill the obligations prescribed for each type of radio frequency usage permit;

c) Amendments and supplements must comply with the provisions of Articles 19, 20, and 21 of this Law.

Article 23. Revocation of Radio Frequency Usage Permit

1. Organizations and individuals will have their radio frequency usage permit revoked in the following cases:

a) Using radio frequencies against the Socialist Republic of Vietnam, damaging national defense, security, public order, and social safety;

b) Using radio frequencies contrary to the permit's regulations, causing significant damage to state interests, rights, and legitimate benefits of organizations and individuals;

c) Intentionally causing illegal harmful interference to other radio equipment systems or using radio frequencies designated for national defense, security, emergency rescue, safety, search and rescue purposes for other purposes, resulting in serious consequences;

d) Intentionally providing false information or deceit to obtain the permit;

1. The transfer of radio frequency usage rights shall be regulated as follows:

a) An organization that has been granted a license to use bandwidth and channel frequencies through auction may transfer the radio frequency usage rights to another organization;

b) The organization transferring the radio frequency usage rights must have a valid radio frequency usage license;

c) The organization receiving the radio frequency usage rights must meet the requirements for participants in the auction and selection of radio frequency usage rights as stipulated in point b, Clause 3, Article 18 and the conditions for issuing licenses as stipulated in points a, b, d, đ, and e, Clause 2, Article 19 of this Law;

d) With the written consent of the Ministry of Information and Communications;

đ) The parties involved in the transfer of radio frequency usage rights are responsible for fulfilling their tax obligations according to the laws on taxes;

e) Ensuring the rights and legitimate interests of related organizations and individuals.

2. The Prime Minister shall provide detailed regulations on the transfer of radio frequency usage rights.

Article 25. Leasing and Lending of Radio Equipment

1. Organizations and individuals who are owners of transportation means equipped with radio equipment, and owners of amateur radio stations may agree in writing to lease or lend radio equipment that has been licensed to other organizations or individuals for exploitation and must notify the specialized frequency management agency.

2. The lessee or borrower of radio equipment must comply with the provisions regarding eligible recipients of licenses as stipulated in Clause 1, Article 19 of this Law. Both the lessor/lender and the lessee/borrower of radio equipment must abide by the laws on radio frequencies and other relevant laws.

Article 26. Joint Use of Radio Frequencies

1. Organizations and individuals using radio frequencies with low usage volume or moving over a wide range must jointly use radio frequencies with other organizations and individuals and accept the impact caused by joint use of radio frequencies.

2. Organizations and individuals granted licenses to use shared radio frequencies must use the specified radio frequencies as stated in the license and are encouraged to use encryption or other technical measures to ensure confidentiality of information.

Article 27. Exemption from Radio Frequency Usage Licenses

1. Types of radio equipment exempted from radio frequency usage licenses include:

b) Radio equipment installed on foreign ships and aircraft passing through the territory of Vietnam, which are exempted from licenses under international agreements and treaties to which the Socialist Republic of Vietnam is a party.

2. The Minister of Information and Communications shall publish the list of radio equipment exempted from radio frequency usage licenses, along with technical and operational conditions.

3. Organizations and individuals producing or importing radio equipment listed in Clause 2 of this Article are responsible for announcing and ensuring that the equipment complies with technical and operational conditions for radio equipment exempted from radio frequency usage licenses before placing the equipment on the market.

4. Organizations and individuals using radio equipment exempted from radio frequency usage licenses must comply with the technical and operational conditions for such radio equipment.

Article 28. Rights and Obligations of Organizations and Individuals Granted Frequency Usage Licenses and Radio Equipment

1. Use frequencies and radio equipment in accordance with the provisions of the license.

2. Request competent authorities to resolve harmful interference.

3. File complaints and denunciations against violations of laws on radio frequency.

4. Comply with legal regulations in the installation and use of frequencies and radio equipment.

5. Design and install radio stations and antenna towers in compliance with electromagnetic compatibility, radio frequency radiation safety, construction safety, aviation safety, and other relevant legal provisions.

6. Be subject to inspection, examination, and control over radio frequencies by state agencies with authority.

7. Fulfill financial obligations related to the use of radio frequencies as prescribed by law.

8. Participate in registration and international coordination regarding radio frequencies as specified in Article 41 of this Law.

9. Adhere to international agreements on radio frequency coordination and international treaties to which the Socialist Republic of Vietnam is a party.

Article 29. Rights and Obligations of Organizations Granted Bandwidth Usage Licenses

1. Decide the quantity and types of radio equipment operating within the radio information network.

2. Not required to apply for individual licenses for each radio equipment used within the radio information network.

3. File complaints against violations of laws on radio frequencies.

4. Comply with the provisions of the license; promptly report and update technical changes and lists of radio transmitting equipment in the radio information network.

5. Comply with legal regulations on radio frequencies.

6. Design and install radio stations and antenna towers in compliance with radio frequency radiation safety, electromagnetic compatibility, construction safety, aviation safety, and other relevant legal provisions.

7. Handle harmful interference between radio equipment within their own radio information network.

8. Coordinate with organizations granted adjacent bandwidth licenses in the use of radio frequencies and prevention of harmful interference.

9. Be subject to inspection, examination, and control over radio frequencies by state agencies with authority.

10. Fulfill financial obligations related to the use of radio frequencies as prescribed by law.

11. Participate in registration and international coordination regarding radio frequencies as specified in Article 41 of this Law.

12. Adhere to international agreements on radio frequency coordination and international treaties to which the Socialist Republic of Vietnam is a party.

Article 30. Rights and Obligations of Organizations Granted Licenses to Use Radio Frequencies and Satellite Orbits

1. Decide the quantity and types of radio equipment operating within the radio information network.

2. Joint venture and cooperate with other organizations in managing and exploiting satellites.

3. File complaints against violations of laws on radio frequencies.

4. Comply with the provisions of the license for using radio frequencies and satellite orbits.

5. Comply with Vietnamese laws and international treaties on outer space to which the Socialist Republic of Vietnam is a party.

6. Be subject to inspection, examination, and control over radio frequencies by state agencies with authority.

7. Fulfill financial obligations related to the use of radio frequencies and satellite orbits as prescribed by law.

9. Adhere to international agreements on radio frequency coordination, satellite orbits, and international treaties to which the Socialist Republic of Vietnam is a party.

1. Organizations and individuals using radio frequencies must pay the fee for using radio frequencies and the license fee for issuing radio frequency use permits.

2. The fee for using radio frequencies is determined based on the economic value of the used radio frequency spectrum; purpose of use; degree of occupation of the radio frequency spectrum; coverage range; demand and level of channel frequency usage within the frequency band and the area of radio frequency use; ensuring compensation for costs related to radio frequency management work and implementing state policies during each period.

3. The fee for using radio frequencies prescribed in Clause 2 of this Article does not include the amount of money obtained from auctioning the right to use radio frequencies.

4. The Ministry of Finance shall take the lead in coordinating with the Ministry of Information and Communications to prescribe or submit to the competent state agency for detailed regulations on the collection rate, payment procedures, management, and use of the fee for using radio frequencies and the license fee for issuing radio frequency use permits.

Article 32. Radio Operator Certificate

3. The Minister of National Defense and the Minister of Public Security shall prescribe in detail the conditions, procedures for issuing, revoking Radio Operator Certificates in the defense and security sectors after obtaining the agreement of the Minister of Information and Communications; training radio operators in the defense and security sectors.

Article 33. Use of Frequencies and Radio Equipment in Emergency Situations

1. In emergency situations posing danger to human lives and property, organizations and individuals may temporarily use frequencies and radio equipment without a permit for rescue purposes and must notify the specialized frequency management authority.

2. Organizations and individuals using radio stations transmitting emergency information and signals may broadcast such transmissions on radio frequencies not exclusively designated for rescue calls.

3. Organizations and individuals using radio stations receiving emergency information and signals must listen on the emergency call frequency, respond, and immediately provide necessary assistance, while simultaneously reporting to search and rescue authorities.

Chapter V

INSPECTION AND CONTROL OF RADIO FREQUENCIES AND HANDLING HARMFUL INTERFERENCE

Article 34. Subjects Subject to Inspection and Control of Radio Frequencies

1. Organizations and individuals using radio frequencies and equipment on the territory of the Socialist Republic of Vietnam must be subject to inspection and control of radio frequencies by the competent state authority.

2. Individuals directly operating radio equipment, radio equipment installed on Vietnamese and foreign ships and aircraft when entering the territory of the Socialist Republic of Vietnam must comply with Vietnamese laws, international agreements, and international treaties to which the Socialist Republic of Vietnam is a party and must be subject to inspection and control of radio frequencies by the competent state authority.

Article 35. Responsibilities for inspecting and supervising radio frequency

1. The Ministry of Information and Communications shall organize the inspection and supervision of radio frequencies nationwide; stipulate the establishment of inspection teams, inspection contents, inspection procedures, and responsibilities of inspected entities.

2. The Ministry of National Defense and the Ministry of Public Security shall organize the inspection and supervision of radio frequencies specifically for defense and security purposes.

3. The results of inspecting and supervising radio frequencies, measuring technical parameters of radio equipment by authorized agencies responsible for inspecting and supervising radio frequencies serve as evidence to determine and handle violations of laws on radio frequencies and harmful interference.

Article 36. Forms of Inspection

1. Regular inspections shall be carried out according to the inspection program and plan approved by the competent state agency as prescribed in Clause 1 and Clause 2 of Article 35 of this Law.

2. Spot inspections shall be conducted when addressing harmful interference or when there are signs of violation of laws on radio frequencies.

Article 37. Measures to Limit Harmful Interference

Organizations and individuals granted permits to use radio frequencies must comply with the provisions of such permits and implement the following measures to limit harmful interference:

1. Maintain the transmitted radio frequency within the allowable frequency deviation range as prescribed by the Ministry of Information and Communications;

2. Reduce unwanted radio emissions to the lowest possible level;

3. Use transmission methods with the smallest bandwidth occupancy corresponding to the applied technology;

4. Limit the transmission of radio waves in unnecessary directions.

5. Use the smallest power level sufficient to ensure communication quality.

Article 38. Principles for Handling Harmful Interference

1. Radio frequency management agencies shall handle harmful interference based on the following principles:

a) Prioritize radio emissions within the necessary bandwidth for radio stations, minimizing unwanted radio emissions;

b) Prioritize primary operations over secondary ones when changing radio frequencies or technical parameters for transmitting signals to address harmful interference;

c) Require organizations and individuals using radio stations causing harmful interference to apply measures such as changing radio frequencies, reducing transmission power, adjusting antenna height and polarization characteristics, reallocating working times, and other necessary measures to eliminate harmful interference caused by the radio station;

d) Require organizations and individuals using electrical and electronic devices, radio wave application devices causing harmful interference to take measures to eliminate interference;

e) Require organizations and individuals using electrical and electronic devices, radio wave application devices to cease using these devices if they cause harmful interference to radio navigation information, safety, search and rescue, disaster relief, national defense, and security until the harmful interference is resolved;

f) Organizations and individuals causing interference due to non-compliance with permit regulations must bear the costs for frequency conversion, equipment conversion, and harmful interference resolution; if damage occurs, they must compensate according to the law;

g) Organizations and individuals using radio equipment causing harmful interference and violating laws on radio frequencies must resolve harmful interference and be subject to legal penalties.

2. Organizations and individuals requesting radio frequency management agencies to address harmful interference must provide complete information about the harmful interference; if they provide false information or evidence, they will be subject to legal penalties.

Article 39. Procedures for Handling Harmful Interference

1. Organizations and individuals granted a license to use radio frequency shall implement the following procedures when encountering harmful interference:

a) Notify the specialized frequency management agency about the harmful interference;

b) Follow the guidance of the specialized frequency management agency to identify the source of interference, determine the cause of interference, and take measures to handle harmful interference.

2. While identifying the cause of harmful interference, the specialized frequency management agency has the right and responsibility to:

a) Directly measure the technical parameters of radio equipment or electrical/electronic devices that may be the cause of harmful interference;

b) Require the temporary cessation of operation of radio equipment or electrical/electronic devices using radio waves to accurately identify the source of harmful interference if necessary;

c) Limit the impact on the normal operation of radio equipment during direct measurement or temporary cessation of operation of the equipment to find the cause of harmful interference.

4. Organizations and individuals owning harmful interference-causing equipment must carry out repairs, improve performance, cease operation of harmful interference-causing equipment, and other measures as required by the specialized frequency management agency to ensure the cessation of harmful interference.

Article 40. Technical Safety Corridor of Radio Stations

1. The technical safety corridor of a radio station is the necessary airspace along the direction of reception and transmission to ensure the normal operational capability of the radio station.

Chapter VI

REGISTRATION AND INTERNATIONAL COOPERATION ON RADIO FREQUENCY, SATELLITE ORBITS

Article 41. Cases of Registration and International Cooperation on Radio Frequency, Satellite Orbits

Organizations using radio frequencies must participate in international registration and cooperation regarding radio frequencies and satellite orbits in the following cases:

1. Using frequencies and radio equipment capable of causing harmful interference to another country's radio services;

2. Using radio frequencies for international radio communication systems;

3. Using radio frequencies allocated by international organizations to countries;

4. Using radio frequencies in cases where international cooperation on radio frequencies must be carried out according to international agreements and treaties to which the Socialist Republic of Vietnam is a party;

5. Having a need for protection from harmful interference from radio communication systems of other countries.

Article 42. Registration and International Coordination for Satellite Frequency Bands and Orbits

1. The registration and international coordination for satellite frequency bands and orbits shall be carried out in accordance with the provisions of the International Telecommunication Union.

2. The Ministry of Information and Communications shall be responsible for:

a) Verify the validity of the application for registering satellite frequency bands and orbits to be submitted to the International Telecommunication Union;

b) Organize the coordination of satellite frequency bands and orbits with the radio frequency management agencies of other countries in accordance with the provisions of the International Telecommunication Union;

3. Organizations using satellite frequency bands and orbits shall be responsible for:

a) Implementing the provisions on registration and international coordination of satellite frequency bands and orbits under this Law and international treaties to which the Socialist Republic of Vietnam is a party;

b) Directly coordinating satellite frequency bands with foreign organizations in accordance with Article 44 of this Law;

c) Participating in the coordination of satellite frequency bands and orbits with the radio frequency management agencies of other countries under the chairmanship of the Ministry of Information and Communications;

d) Paying the registration fees for satellite frequency bands and orbits in accordance with the provisions of the International Telecommunication Union;

Article 43. Registration and International Coordination for Ground-Based Radio Communication Systems' Frequency Bands

1. The Ministry of Information and Communications shall have the responsibility:

a) Organizing international coordination of ground-based radio communication systems' frequency bands with neighboring countries sharing borders with Vietnam;

b) Organizing international coordination of ground-based radio communication systems' frequency bands with other countries in accordance with the provisions of the International Telecommunication Union;

c) Verifying the validity of the application for registering ground-based radio communication systems' frequency bands and submitting the application to the International Telecommunication Union;

2. Organizations using ground-based radio communication systems' frequency bands shall be responsible for:

a) Implementing legal provisions on registration and international coordination of ground-based radio communication systems' frequency bands;

b) Directly coordinating satellite frequency bands with foreign organizations in accordance with Article 44 of this Law;

c) Participating in the coordination of ground-based radio communication systems' frequency bands with the radio frequency management agencies of other countries under the chairmanship of the Ministry of Information and Communications;

d) Paying the registration fees for ground-based radio communication systems' frequency bands in accordance with the provisions of the International Telecommunication Union;

đ) Taking necessary measures to address harmful interference with other countries' ground-based radio communication systems in accordance with the provisions of the International Telecommunication Union.

Article 44. Direct Coordination of Satellite Frequency Bands and Orbits with Foreign Organizations Using Satellite Frequency Bands and Orbits

1. Organizations using satellite frequency bands and orbits as stipulated in Article 41 of this Law shall directly coordinate with foreign organizations using satellite frequency bands and orbits upon permission from the Ministry of Information and Communications.

2. The coordination of satellite frequency bands and orbits with foreign organizations using satellite frequency bands and orbits must ensure national interests and comply with the provisions of the International Telecommunication Union.

3. The results of the coordination of satellite frequency bands and orbits shall take effect when approved by the Ministry of Information and Communications.

Chapter VII

MANAGEMENT AND USE OF RADIO FREQUENCY BANDS FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 45. Allocation of Radio Frequency Spectrum for National Defense and Security Purposes

1. The Ministry of Information and Communications shall take the lead in coordinating with the Ministry of National Defense and the Ministry of Public Security to propose the allocation of radio frequency spectrum for national defense and security purposes during each period based on the National Radio Frequency Spectrum Plan.

Article 46. Management and Use of Radio Frequency Spectrum for National Defense and Security Purposes

1. The Ministry of National Defense and the Ministry of Public Security shall be responsible for:

b) Establishing and applying standards for radio equipment, radio emissions, and electromagnetic compatibility in activities using radio frequency spectrum for national defense and security purposes, ensuring compliance with relevant national technical regulations;

c) Issuing, amending, supplementing, extending, and revoking permits for the use of radio frequency spectrum and Radio Operator Certificates in the field of national defense and security;

d) Inspecting and controlling radio frequency spectrum, handling harmful interference; conducting inspections, resolving complaints and reports, and dealing with violations of laws related to radio frequency spectrum in the field of national defense and security;

a) Managing and using shared bands for national defense and security, economic and social purposes;

b) Handling harmful interference between radio stations serving economic and social purposes and radio stations serving national defense and security purposes;

c) Using radio frequency spectrum outside those allocated in emergency situations involving national defense and security.

Article 47. Management and Use of Interference Equipment

1. The Ministry of National Defense and the Ministry of Public Security may use interference equipment to carry out tasks of protecting the country, preventing, stopping, and combating activities that infringe upon national security and public order and safety. Organizations and entities not under the Ministry of National Defense or the Ministry of Public Security, in special cases requiring the use of interference equipment, must be authorized.

2. Organizations and entities specified in Clause 1 of this Article, when using interference equipment, must comply with regulations on the management and use of interference equipment.

3. The Prime Minister shall specify detailed regulations on the management and use of interference equipment.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 48. Effective Date

1. This Law takes effect from July 1, 2010.

2. Provisions regarding radio frequency spectrum in the Ordinance on Posts and Telecommunications No. 43/2002/PL-UBTVQH10 cease to be effective from the date this Law takes effect.

Article 49. Detailed regulations and guidance on implementation

The Government and competent authorities shall issue detailed regulations and provide guidance on implementing the provisions assigned in this Law; provide guidance on other necessary contents of this Law to meet state management requirements.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the sixth session of the twelfth term, on November 23, 2009./.