Circular No. 62/TC-TCĐN guides the amendment and supplementation of the regime for collecting radio frequency fees. This Circular applies to all organizations and individuals both within and outside Vietnam using transmitters and radio frequencies in Vietnam, with specific collection rates and penalty regulations.
适用范围
All organizations and individuals both within and outside Vietnam that use transmitters and radio frequencies in Vietnam, including economic units of the Ministry of National Defense, the Ministry of Public Security, and communication units of the Ministry of Foreign Affairs.
要点
- Organizations and individuals using transmitters and radio frequencies must pay a license fee (20% of the initial issuance rate) and an annual frequency usage fee, with collection rates specified in Appendix 1.
- Entities exempted from radio frequency usage fees include broadcasting stations serving security, defense, natural disasters, humanitarian aid, and special systems serving central Party and Government directives.
- Violations in managing radio frequencies will be subject to administrative penalties as stipulated in Appendix 2, including recovery of unpaid amounts and cessation of operations until new licenses are obtained.
- The Radio Frequency Management Agency is responsible for directly collecting fees, with a deduction rate of 5% to 10% of total collections allocated to local postal authorities.
- This Circular takes effect from August 1, 1995, replacing the collection provisions in Circular No. 104 TC/GTBĐ issued in 1993.
🌐 本文件的社会影响
- Positive impact: Strengthening management of radio frequencies, ensuring national security and defense, and humanitarian activities.
- Negative impact: Increased costs for organizations and individuals using transmitters and radio frequencies.
❓ 常见问题
Which entities are exempt from paying radio frequency usage fees?
Broadcasting stations serving security, defense, natural disasters, humanitarian aid, and special systems serving central Party and Government directives are exempt from paying radio frequency usage fees.
What is the license fee collection rate?
Each renewal of a license without changes: Collection at 20% of the initial issuance rate; if there are changes: Collection at the initial issuance rate.
What penalties will be imposed for violations in managing radio frequencies?
Violations will be subject to administrative penalties as stipulated in Appendix 2, including recovery of unpaid amounts and cessation of operations until new licenses are obtained.
What actions must organizations and individuals using radio frequencies take?
They must pay a license fee (20% of the initial issuance rate) and an annual frequency usage fee, with collection rates specified in Appendix 1.
Which agency is responsible for directly collecting these fees?
The Radio Frequency Management Agency is responsible for directly collecting these fees.
全文
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIETNAM |
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NUMBER: 62TC/TCĐN |
HA NOI, July 31, 1995 |
CIRCULAR
MINISTRY OF FINANCE DECREE NO. 62 TC/TCDN OF JULY 31, 1995 GUIDING
AMENDMENTS AND SUPPLEMENTS TO THE REGIME OF COLLECTION OF FREQUENCY FEES FOR WIRELESS TELECOMMUNICATIONS
Implementing Decision No. 158/CT dated May 18, 1991 of the Chairman of the Council of Ministers (now Prime Minister) on the collection of fees for the issuance and protection of wireless telecommunications frequencies and Circular No. 104 TC/GTBĐ dated December 22, 1993 of the Ministry of Finance guiding the collection of frequency fees has contributed to bringing the management of wireless telecommunications frequencies into a regular system.
To be consistent with new telecommunication services and to strengthen management, after reaching consensus with the General Post Office Administration, the Ministry of Finance guides the supplementation and amendment of the implementation of the collection of frequency fees as follows:
1. Collection Objectives: All domestic and foreign organizations and individuals operating in Vietnam that use radio transmitters and frequencies must pay the wireless telecommunications frequency fees stipulated in this circular, including economic units of the Ministry of Defense, the Ministry of Public Security, and communication units of the Ministry of Foreign Affairs.
Notwithstanding, embassies, consulates, and representative offices of international organizations in Vietnam, which enjoy diplomatic privileges, are temporarily exempt from paying these fees.
2. Exempted Collection Objectives: The following entities are exempt from wireless telecommunications frequency usage fees:
- Radio stations serving direct security and defense needs.
- Radio stations serving emergency situations such as floods, typhoons, and other natural disasters.
- Radio stations serving humanitarian activities of charitable organizations.
- Special radio stations serving direct central party and government directives.
3. Fees Collected: The Wireless Telecommunications Frequency Management Bureau collects the following frequency issuance and usage fees:
a. Revenue Fees with Service Nature:
- License fee: Collected once when issuing licenses to all entities.
+ Each time a license is renewed (when the previous license has expired) without any changes in its content: Collected at 20% of the initial license fee.
+ If there are changes in the license content affecting frequency assignment and management, a new license must be applied for and issued, and the initial license fee will be collected again.
- Annual frequency usage fee (based on a 12-month period) starting from the date of license issuance.
- Technical inspection fee for importing radio transmission equipment: Collected once upon inspection.
- Installation inspection fee: Collected once upon inspection.
b. Revenue Fees with State Nature:
- Radio Operator Certificate Issuance Fee: Collected once when issuing (or changing) the certificate.
- Fine Collection
4. Collection Rates: The above fees are implemented according to the rates specified in Appendix 1 attached to this circular.
When there are changes in service type, nature, or when the price index fluctuates by more than 20%, the Wireless Telecommunications Frequency Management Bureau shall report to the General Post Office Administration and the Ministry of Finance to supplement and adjust the collection rates accordingly.
5. Penalties:
a. Organizations and individuals violating regulations on wireless telecommunications frequency management shall be subject to administrative penalties. Violations and fines are defined in Appendix 2 attached to this circular.
In addition to the fine amount, violators must also make up for unpaid fees for the radio transmitters and frequencies used and cease operations until a new license is obtained.
The Wireless Telecommunications Frequency Management Bureau is responsible for inspecting, identifying, handling, and imposing penalties on violations according to current regulations.
b. In cases where organizations and individuals using radio transmitters and frequencies fail to pay the required fees as stipulated, they will be required to make up for the unpaid fees and be penalized for late payment at a rate of 0.2% per day on the overdue amount.
c. If an organization or individual repeatedly violates the rules on the use of radio transmitters and frequencies or resists the collection of wireless telecommunications frequency fees, the offender may be prosecuted under the law.
6. Collection Organization and Accounting:
a. The Wireless Telecommunications Frequency Management Bureau is directly responsible for collecting wireless telecommunications frequency fees and is accountable to the state budget for this revenue.
In areas where there is no local office of the Wireless Telecommunications Frequency Management Bureau, the Bureau can enter into agency agreements with local post offices to collect frequency fees locally. However, the Wireless Telecommunications Frequency Management Bureau remains responsible to the state for the collected amounts. Agencies authorized to collect frequency fees may retain between 5% and 10% of the collected amount for expenses, with specific retention rates determined in the responsibility agreement with the Wireless Telecommunications Frequency Management Bureau based on the number of assigned transmitters and frequencies.
b. Organizations and administrative agencies funded by the state budget account for frequency payment fees as budget expenditures. Production and business units account for these fees as part of production costs or circulation fees.
c. Local post offices collecting frequency fees on behalf of others record them in the "receivables and payables" account; retained funds according to the collection ratio are recorded in the income account, and management-related expenses are recorded in other expense accounts.
7. These provisions apply from August 1, 1995, replacing Point A (collection section) of Item II (specific regulations) in Circular No. 104 TC/GTBĐ dated December 22, 1993 of the Ministry of Finance. Other provisions continue to be implemented according to Circular No. 104 TC/GTBĐ dated December 22, 1993 of the Ministry of Finance.
Any difficulties encountered during implementation should be promptly reported to the Ministry of Finance for study and resolution.
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Pham Van Trong (Signed) |
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