Decree No. 88/2021/ND-CP stipulates on collecting fees for granting the right to use radio frequency bands, auctioning, licensing, and transferring the right to use radio frequencies for specific bands.

 

 

DECREE

activities of calibration, verification, testing collecting fees for granting the right to use radio frequency spectrum,

auctioning, licensing, transferring the right to use

radio frequency spectrum for the band

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On the basis of the Law on Government Organization dated June 19, 2015; the Law amending and supplementing certain articles of the Law on Government Organization and the Law on Local Administration dated 22 the 11 year 2019;

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to the Auction Law dated November 17, 2016;

At the proposal of the Minister of Information and Communications;

The Government promulgates The Decree stipulates on collecting fees for granting the right to use radio frequency spectrum, auctioning, licensing, transferring the right to use radio frequency spectrum for the band.

 

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The amount of collection and method of collecting fees for granting the right to use radio frequency spectrum for the band with high commercial value, demand exceeding the allocation capacity determined in the radio frequency spectrum planning and has been decided by the Prime Minister to be auctioned.

The amount of fees for granting the right to use radio frequency spectrum prescribed in this Decree applies in cases of auctioning, extending the license for using the band and does not include the usage fee for radio frequency spectrum and the fee for issuing the license for using radio frequency spectrum.

2. Auctioning, licensing, and transferring the right to use radio frequency spectrum shall only apply to the band with high commercial value, demand exceeding the allocation capacity determined in the radio frequency spectrum planning and has been decided by the Prime Minister to be auctioned.

Article 2. Applicability

This Decree applies to state agencies, organizations, and individuals related to determining the amount of collection, collecting, and paying fees for granting the right to use radio frequency spectrum, auctioning, licensing, transferring the right to use radio frequency spectrum for the band.

                                                          

Chapter II
AMOUNT OF COLLECTION, METHOD OF COLLECTION FOR FEES GRANTING THE RIGHT TO USE

RADIO FREQUENCY SPECTRUM RADIO FREQUENCY

Article 3. Determining the base rate when using information about fees for granting the right to use radio frequency spectrum in Vietnam

1. In case Vietnam has determined the fees for granting the right to use radio frequency spectrum of the same type of band as the band requiring determination of the base rate prescribed in Clause 2 of this Article within five years prior to the effective date of the Decision of the Minister of Information and Communications on organizing the determination of the base rate, then the base rate will be determined according to the provisions of Clause 3 of this Article.

2. The same type of band as the band requiring determination of the base rate (hereinafter referred to as the same type of band) is the band within the same band planning standardization of the Third Generation Partnership Project (same operating band code) as the band requiring determination of the base rate or partially overlapping and having the same dual transmission mode as the band requiring determination of the base rate.

3. The base rate is determined as follows:

 

Where:

MTCS_MHz is the base rate for one MegaHertz (MHz) for one year (12 months) permitted to be used, measured in Vietnamese Dong/MHz/year;

n is the number of samples that have collected fees for granting the right to use radio frequency spectrum of the same type of band within five years prior to the effective date of the Decision of the Minister of Information and Communications on organizing the determination of the base rate;

MT_i is the total amount of fees for granting the right to use radio frequency spectrum of the corresponding block of the same type of band for sample i (excluding fees and charges), measured in Vietnamese Dong;

BT_i is the total bandwidth of the corresponding block of the same type of band for sample i, measured in MegaHertz (MHz);

GP_i is the duration of the license granted for the corresponding block of the same type of band for sample i, measured in years;

C_i is the consumer price index for the postal and telecommunications sector at the time closest to the effective date of the Decision of the Minister of Information and Communications on organizing the determination of the base rate (hereinafter referred to as the base rate determination date) compared to the same index at the time the Ministry of Information and Communications announces in writing the amount of money enterprises must pay corresponding to sample i, measured in percentage (%). The consumer price index for the postal and telecommunications sector at each time point is taken from the announcement of the General Statistics Office.

Article 4. Determining the basic revenue level when using information about auction proceeds for frequency bands in countries and territories

1. In cases where Vietnam has not determined the fee for granting the right to use radio frequencies of the same band within five years prior to the time of determining the basic revenue level, the basic revenue level shall be determined according to the provisions of Clause 2 of this Article.

2. The basic revenue level is determined as follows:

 

Where:

MTCS_MHz is the basic revenue level for one MegaHertz (MHz) for one year
(twelve months) permitted to be used, measured in Vietnamese Dong/MHz/year;

n is the number of samples selected, prioritizing countries or territories with per capita gross domestic product (GDP/capita) closest to Vietnam, n ≥3; each country only takes one sample.

DS_vn is the population of Vietnam published at the nearest time point before the time of determining the basic revenue level, measured in persons;

TG_vn is the central exchange rate of the Vietnamese Dong against the US Dollar published at the nearest time point before the time of determining the basic revenue level;

T_i is the total auction proceeds for the same band of the corresponding country or territory for the i-th sample, measured in the applicable currency of that country's or territory's auction;

BT_i is the total bandwidth of the same band for the corresponding country or territory for the i-th sample, measured in MegaHertz (MHz);

DS_i is the population of the corresponding country or territory for the i-th sample published at the nearest time point before the time the auction results were announced, measured in persons;

GP_i is the license term granted for the same band for the corresponding country or territory for the i-th sample, measured in years;

 is the consumer price index (CPI) of the corresponding country or territory for the i-th sample published at the nearest time point before the time of determining the basic revenue level;

is the consumer price index (CPI) of the corresponding country or territory for the i-th sample published at the nearest time point before the time the auction results were announced;

GDP_VN is the per capita gross domestic product (GDP/capita) of Vietnam published at the nearest time point before the time of determining the basic revenue level, measured in US Dollars;

GDP_i is the per capita gross domestic product (GDP/capita) of the corresponding country or territory for the i-th sample published at the nearest time point before the time the auction results were announced, measured in US Dollars;

TG_i is the exchange rate from the local currency of the corresponding country or territory for the i-th sample to the US Dollar published at the nearest time point before the time of determining the basic revenue level (TG_i =1 in case the currency used in the auction is the US Dollar).

3. The selection of countries or territories for comparison samples must meet the following criteria simultaneously:

a) The time of the auction for the same band in the country or territory must be within five years prior to the time of determining the basic revenue level; if there are not enough three samples for comparison within five years, it can be extended to seven years, and if still insufficient, further extended to ten years;

b) The term of use of the band after winning the auction must be ten years or more;

c) Auctions for the right to use the band must cover the entire country; samples from countries or territories that auction by geographic region shall not be used.

4. Requirements for data collection

a) Data on auction proceeds, bandwidth, and term of use of the band for countries or territories shall be taken from sources published by the national management agencies of those countries or territories;

b) Data on population and per capita gross domestic product (GDP/capita) in countries or territories and Vietnam shall be taken from the World Bank website. In cases where there is no data from the World Bank, data shall be taken from the management agencies of those countries or territories;

c) Data on exchange rates between local currencies of countries or territories shall be taken from the x-rates.com website. If there is no data on the x-rates.com website, data shall be taken from specialized websites providing exchange rates. Data on the central exchange rate of the Vietnamese Dong against the US Dollar shall be taken from the State Bank of Vietnam website;
d) Data on the consumer price index (CPI) in countries or territories shall be taken from the International Monetary Fund (IMF) website and shall take the CPI communication value. In cases where there is no CPI communication data, the CPI all items value shall be taken. In cases where there is no data from the IMF, data shall be taken from the management agencies of those countries or territories.

d) Consumer Price Index (CPI) data from the International Monetary Fund (IMF) website, using the CPI communication value where available; if CPI communication data is not available, the CPI all items value shall be used. In cases where there is no data from the IMF, the information shall be obtained from the relevant management authority of the country or territory.

Article 5. Procedure for Determining the Basic Revenue Level

1. The Minister of Information and Communications shall issue a decision to organize the determination of the basic revenue level; the organization shall determine the basic revenue level in accordance with Articles 3 and 4 of this Decree and the results determined by an organization that meets the conditions for price appraisal activities; submit it to the Ministry of Finance for comments along with the explanatory dossier on how the basic revenue level is determined.

2. Within fifteen days from the date of receipt of the request document from the Ministry of Information and Communications, the Ministry of Finance shall provide comments in writing on the basic revenue level.

3. The Minister of Information and Communications shall decide on the basic revenue level after receiving the comments of the Ministry of Finance.

Article 6. Revenue Level for Granting the Right to Use Radio Frequency Spectrum

1. The revenue level for granting the right to use radio frequency spectrum (hereinafter referred to as the revenue level) for the case of extending the license to use the frequency band is determined as follows:

 

Where:

MT_ENVIRONMENT it is the revenue level for granting the right to use radio frequency spectrum for the extended period of the license to use the frequency band, measured in Vietnamese Dong;

MTCS_MHz it is the basic revenue level of the frequency band being extended, which is determined and decided according to Articles 3, 4, and 5 of this Decree;

Bw is the width of the frequency band being extended, measured in
MegaHertz (MHz);

T is the duration of the frequency band being extended, measured in months.

2. The revenue level for the case where the frequency band is granted through an auction of the right to use radio frequency spectrum is the amount won at the auction.

Article 7. Method of Collecting Revenue for Granting the Right to Use Radio Frequency Spectrumện

1. The Ministry of Information and Communications shall organize the collection of revenue for granting the right to use radio frequency spectrum and remit it to the state budget.

2. For the case of extending the license, at least six months before the license expires, the Ministry of Information and Communications shall notify in writing the amount of revenue for granting the right to use radio frequency spectrum to be paid, the payment deadline, and the payment method so that enterprises can know before proceeding with the extension license application procedures under the law on radio frequency spectrum. At least sixty days before the expiration of the license's validity period, the enterprise must pay the entire amount of revenue for granting the right to use radio frequency spectrum for the requested extension period of the frequency band in one lump sum.

3. For the case of granting the right to use radio frequency spectrum through an auction, the Ministry of Information and Communications shall notify in writing the amount of revenue for granting the right to use radio frequency spectrum to be paid, the payment deadline, and the payment method so that enterprises can pay the revenue for granting the right to use radio frequency spectrum. Within four months from the date of notification, the enterprise must pay the entire amount of revenue for granting the right to use radio frequency spectrum in one lump sum, except in cases provided for in Clause 4 of this Article.

4. In the case of auctioning the frequency band for developing and applying efficient radio frequency spectrum technology, enterprises are encouraged and prioritized according to the Prime Minister's decision based on the proposal of the Minister of Information and Communications, enterprises shall pay the revenue for granting the right to use radio frequency spectrum as follows:

a) Within three months from the date of notification, the enterprise must pay fifty percent of the revenue for granting the right to use radio frequency spectrum in one lump sum and deposit a guarantee commitment from a credit institution or foreign bank branch established under Vietnamese law for the unpaid amount to ensure compliance with points b and c of this clause;

b) Within eighteen months from the date of notification, the enterprise must pay twenty-five percent of the revenue for granting the right to use radio frequency spectrum in one lump sum;

c) Within thirty-six months from the date of notification, the enterprise must pay another twenty-five percent of the revenue for granting the right to use radio frequency spectrum in one lump sum.

5. If an enterprise fails to fully pay the revenue for granting the right to use radio frequency spectrum as stipulated in Clauses 2 and 3 and point a of Clause 4 of this Article within the prescribed time limit, it will not be granted a license to use the frequency band. For enterprises that win the auction, the Minister of Information and Communications shall revoke the Decision approving the auction results.

 

Chapter III
AUCTIONING AND GRANTING LICENSES FOR THE RIGHT TO USE RADIO FREQUENCY SPECTRUM

Article 8. Auctioned frequency bands and license renewal frequency band usage permitFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

1. The Minister of Information and Communications shall submit to the Prime Minister for consideration and issuance of a decision on auctioning the right to use radio frequencies for high-value frequency bands with demand exceeding the determined allocation capacity in the radio frequency planning, including:

a) Frequency bands that are granted a frequency band usage permit for the first time;

b) Frequency bands that have already been granted a frequency band usage permit.

2. Frequency bands under point b, Clause 1 of this Article may only be issued a frequency band usage permit through auction when the frequency band usage permit expires, including any extension period (if applicable) as stipulated in Clause 1 of Article 22 of the Radio Frequency Law.

3. For frequency bands under point b, Clause 1 of this Article, enterprises may be considered for license renewal after submitting the full amount of the frequency usage rights fee on time. The amount collected is determined according to Clause 1 of Article 6 of this Decree. The collection method is specified in Clause 2 of Article 7 of this Decree.

Article 9. Auction Organization

1. The auction shall be conducted in accordance with the law on asset auctions and this Decree.

2. The Minister of Information and Communications shall approve the Auction Plan and the auction organization. The Auction Plan includes the following contents:

a) Conditions for participating in the auction;

b) Information about the auctioned frequency band and frequency blocks;

c) Starting price, bid increment, and deposit;

d) Form and method of organizing the auction.

d) Handling of auction situations (if any);

e) Other related contents.

The Auction Plan must be publicly announced on the Ministry of Information and Communications' website no later than five working days from the date of approval.

3. In cases where multiple frequency blocks are won in the auction, enterprises will be granted adjacent frequency blocks according to the Auction Regulations.

4. Handling auction situations when there is only one enterprise registering to participate in the auction, one enterprise participating in the auction, one enterprise bidding

a) In the case of re-auctioning frequency blocks after an unsuccessful auction, at the re-auction, if after the registration deadline for participation in the auction, there is only one enterprise registered to participate in the auction or there are multiple enterprises registered to participate but only one enterprise participates in the auction or there are multiple enterprises participating but only one enterprise bids or there are multiple enterprises bidding but only one enterprise bids the highest and at least equal to the starting price, then the frequency block will be sold to that enterprise. The sale of the frequency block to the enterprise as stipulated in this clause must be provided for in the Auction Plan approved by the Minister of Information and Communications;

b) The auction of assets in the case stipulated in point a of this clause can only be carried out after fully completing the procedures and formalities for asset auctions as prescribed by the Auction Law, detailed regulations of the Auction Law, and this Decree, and without any complaints related to the procedures and formalities until the day of the auction;

c) Within three working days from the end of the auction as stipulated in point a of this clause, the asset auction organization or the Auction Council shall send a report on the auction process and the auction minutes to the Ministry of Information and Communications. In this case, the auction minutes, in addition to the contents prescribed by the law on auctions, must reflect the auction process where only one enterprise registered to participate in the auction or there were multiple enterprises registered to participate but only one enterprise participated in the auction or there were multiple enterprises participating but only one enterprise bid or there were multiple enterprises bidding but only one enterprise bid the highest and at least equal to the starting price;

d) Approval and announcement of the auction results shall be carried out in accordance with Article 15 of this Decree.

Article 10Starting Price

1. The starting price of a frequency block is determined as follows:

 

Where:

GKĐ is the starting price, measured in Vietnamese Dong;

MTCS_MHz is the basic revenue level determined and decided according to Articles 3, 4, and 5 of this Decree;

Bw is the width of the frequency block to be determined, measured in MegaHertz (MHz). If determining the starting price of one MegaHertz (MHz), Bw = 01 MHz.

T is the permitted usage period, measured in years.

2. In the case of re-auctioning a frequency block after an unsuccessful auction and having the highest winning bid price of similar frequency blocks before, the starting price is determined as follows:

 

Where:

GKĐ is the starting price, measured in Vietnamese Dong;

Bw is the width of the frequency block to be determined, measured in MegaHertz (MHz). If determining the starting price of one MegaHertz (MHz), Bw = 01 MHz;

T is the permitted usage period, measured in years;

GTCN is the highest previous winning bid price of similar frequency blocks calculated per 01 MHz for 01 year of use, measured in Vietnamese Dong/MHz/year.

Article 11. Conditions for Participation in Auctions

1. Enterprises participating in auctions must meet the following conditions:

a) Meeting the conditions to be considered for issuance of a telecommunications network establishment license;

b) Fulfilling the requirements of the auction.

2. The conditions to be considered for issuance of a telecommunications network establishment license include:

a) Meeting the conditions to be considered for issuance of a public telecommunications network establishment license using frequency bands allocated through auction as prescribed by telecommunications laws;

b) Complying with legal provisions regarding ownership in telecommunications service operations, forms, conditions, and foreign investor equity ratios in telecommunications laws.

3. The requirements of the auction include:

a) Settling previous financial obligations to the State concerning telecommunications and radio frequency spectrum (if any);

b) Deployment requirements for telecommunications networks including one or more of the following:

The number of radio wave transmission stations that must be deployed within a period of two years from the date of issuance of the license until the end of the license term;

The official service provision date;

Coverage requirements when developing telecommunications networks (commitments made annually until the end of the public telecommunications network establishment license term for population density or administrative boundaries down to commune level);

Minimum quality requirements for telecommunications services;

Commitment to roaming telecommunications mobile services between networks in remote, far-flung, poor communes, areas supplied with public telecommunications services, and provinces/cities according to criteria set forth by the Minister of Information and Communications.

4. The Minister of Information and Communications shall specify in detail the deployment requirements for telecommunications networks for each auction.

Article 12. Examination of Eligibility for Participation in Auctions

1. Not later than 55 days from the date the Ministry of Information and Communications publicly announces the Auction Organization Plan, enterprises must submit one set of application documents for examination of eligibility to participate in the auction to the Ministry of Information and Communications (Telecommunications Department) via one of the following methods: direct submission, postal submission, or online submission through the National Public Service Portal.

In cases where enterprises submit applications beyond the deadline, the Ministry of Information and Communications (Telecommunications Department) will issue a notice declining to accept and process the application.

2. For enterprises already holding a telecommunications service business license, the application includes:

a) Application documents for amending and supplementing the public telecommunications network establishment license and the telecommunications service provision license using frequency bands due to changes in the need for telecommunications resources already licensed, including:

An application for amendment and supplementation of the telecommunications service business license in accordance with telecommunications laws;

A report on the implementation of the license from the date of issuance to the date of submitting the application for amendment and supplementation in accordance with telecommunications laws;

A revised and supplemented business plan and technical plan consistent with changed telecommunications resources in accordance with telecommunications laws.

b) A commitment to deploy telecommunications networks after winning the auction as stipulated in point b, Clause 3, Article 11 of this Decree.

3. For enterprises not falling under the circumstances specified in Clause 2 of this Article, the application includes:

a) Application documents for issuance of a public telecommunications network establishment license and a telecommunications service provision license using frequency bands in accordance with telecommunications laws.

b) A commitment to deploy telecommunications networks after winning the auction as stipulated in point b, Clause 3, Article 11 of this Decree.

4. The business plan and technical plan in the application must be developed by the enterprise based on the starting price of the frequency bands being auctioned, taking into account the minimum economic and technical conditions of the enterprise, network deployment requirements, and ensuring compliance with investment commitments as prescribed by telecommunications laws to ensure feasibility upon actual implementation.

5. The issuance of a certificate confirming eligibility to participate in the auction is conducted concurrently with the issuance of a telecommunications service business license, carried out in accordance with Clause 2 and Clause 3 of Article 11 of this Decree and related licensing conditions concerning the application for a telecommunications service business license submitted by the enterprise.

6. Enterprises falling under the circumstances specified in Clause 2 of this Article, after winning the auction, will be issued an amended and supplemented license with effect as prescribed by telecommunications laws. New licenses for telecommunications service businesses will be issued after the expiration of the terms for establishing public telecommunications networks and providing corresponding telecommunications services for the frequency band won in the auction, ensuring the legality of operating telecommunications services using the frequency band won in the auction and fulfilling post-auction network deployment commitments. Procedures for issuing new telecommunications service business licenses are carried out in accordance with telecommunications laws with the application for a new telecommunications service business license attached to the approval document for the auction results.

7. Time limit and processing procedure for applications

a) Within one day from the date of receipt of the application, the Ministry of Information and Communications (Telecommunications Department) will issue a notice informing the enterprise about non-compliant applications. Within four days from the date of receiving the notice, the enterprise must complete and resubmit compliant applications in accordance with regulations;

b) Within fifteen days from the date of receipt of compliant applications, the Ministry of Information and Communications will examine and issue a certificate confirming the enterprise's eligibility to participate in the auction according to the Model attached to this Decree;

c) In cases where applications do not meet the conditions stipulated in Clause 2 and Clause 3 of Article 11 of this Decree, the Ministry of Information and Communications will issue a notice declining to issue the certificate, specifying the reasons.

Article 13. Documents for Participation in Auction

The documents for participation in auction shall include the following main contents:

1. Application for registration to participate in the auction.

2. Quantity of frequency blocks or bandwidth of frequency blocks registered for purchase.

3. Original or certified copy or copy accompanied by the original for verification of the certificate confirming eligibility to participate in the auction.

Article 14. Handling Deposit Moneymonetary processing deposit money

If a business entity fails to fulfill its obligation to pay the fee for the right to use radio frequencies as prescribed in Clause 3, Point a, Clause 4, Article 7 of this Decree, it will not be refunded the deposit money, which shall be paid into the State budget.

Article 15. Approval and Public Announcement of Auction Results

1. Within fifteen days from the date of receipt of the auction minutes, the Minister of Information and Communications shall issue a Decision approving the auction results and publicly announce them on the Ministry of Information and Communications' electronic information website.

2. The Decision approving the auction results shall include information about the winning business entity, the frequency block won, the permitted usage period, the winning bid amount, and the information requiring the business entity to submit the full and timely payment of the fee for the right to use radio frequencies to obtain the license to use the frequency band and the telecommunications service business license.

Article 16. Frequency Band Usage License, Telecommunications Service Business License

1. Within a maximum of three working days from the date the business entity pays the fee for the right to use radio frequencies as prescribed in Clause 3, Point a, Clause 4, Article 7 of this Decree and the guarantee for implementing the telecommunications service business license as prescribed by law, the business entity shall be issued the frequency band usage license and the telecommunications service business license.

2. The responsibilities of the business entity regarding the implementation of commitments to deploy public telecommunications networks are specifically stipulated in the telecommunications service business license and the frequency band usage license.

Article 17. Revocation of Frequency Band Usage License and Handling Violations of Commitmentsorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

1. A business entity shall have its frequency band usage license revoked in cases prescribed in the Radio Frequency Law.

2. A business entity that violates the commitment to deploy public telecommunications networks as stipulated in the telecommunications service business license and the frequency band usage license, in addition to being subject to administrative penalties under the law, shall also have its frequency band usage license revoked if, within two years from the date of issuance of the license, the business entity has not deployed the required number of radio transmitters as committed.

 

Chapter IV
TRANSFER OF RIGHT TO USE RADIO FREQUENCIES

Article 18Conditions for Transfer

1. A business entity that has obtained a frequency band usage license through an auction, including the case prescribed in Clause 4, Article 9 of this Decree, may transfer the right to use radio frequencies but not earlier than five years from the date of issuance of the license.

The business entity may only transfer after fulfilling the obligations stipulated in Article 20 of this Decree.

2. The transferee must meet the following conditions:

a) It must be a business entity meeting the requirements stipulated in Clause 2, Article 11 of this Decree;

b) It must comply with the legal provisions on the maximum amount of spectrum each business entity is allowed to use.

3. The transfer of the right to use radio frequencies must include all of the following:

a) All frequency blocks won in the auction;

b) Rights and obligations under the telecommunications service business license;

c) Obligations to implement investment commitments to establish telecommunications networks as prescribed;

d) Responsibilities and obligations to ensure the rights and legitimate interests of organizations and individuals using related services.

Article 19Procedures for Transfer

1. A business entity proposing to receive the transfer of the right to use radio frequencies must submit one set of transfer documents according to the form prescribed by the Ministry of Information and Communications to the Ministry of Information and Communications (Telecommunications Department) via one of the following methods: direct submission, submission through postal service, or online submission through the National Public Service Portal.

2. For a business entity already holding a telecommunications service business license using a frequency band and proposing to receive the transfer, the transfer documents shall include the following:

a) A request for transfer document bearing the seal and signature of the legal representative of the transferring business entity;

b) An agreement between the transferring business entity and the receiving business entity ensuring the rights and legitimate interests of organizations and individuals affected by the transfer;

c) Documentation proving that the receiving business entity meets the legal provisions on the maximum amount of spectrum each business entity is allowed to use after receiving the transferred frequency band;

d) Report on the implementation of the telecommunications service business license already granted and the implementation of commitments to deploy telecommunications networks after winning the auction by the transferring business entity;

đ) Documents requesting amendments or supplements to the telecommunications service business license using a frequency band of the receiving business entity;

e) Documents requesting amendments or supplements to the telecommunications service business license or a request for revocation of the telecommunications service business license of the transferring business entity;

g) Commitment of the receiving business entity to comply with the provisions at point b, c, d, Clause 3, Article 18 of this Decree.

3. For a business entity proposing to receive the transfer not falling under the circumstances prescribed in Clause 2 of this Article, the transfer documents shall include the following:

a) A request for transfer document bearing the seal and signature of the legal representative of the transferring business entity;

b) An agreement between the transferring business entity and the receiving business entity ensuring the rights and legitimate interests of organizations and individuals affected by the transfer;

c) Documents requesting issuance of a telecommunications service business license using a frequency band of the receiving business entity;

d) Report on the implementation of the telecommunications service business license already granted and the implementation of commitments to deploy telecommunications networks after winning the auction by the transferring business entity;

đ) Documents requesting amendments or supplements to the telecommunications service business license or a request for revocation of the telecommunications service business license of the transferring business entity;

e) Commitment of the receiving business entity to comply with the provisions at point b, c, d, Clause 3, Article 18 of this Decree.

4. Time Limit and Processing Procedure for Documents:

a) Within five days from the date of receiving the file, the Ministry of Information and Communications (Telecommunications Department) shall notify the enterprise about the non-compliant file;

b) Within forty-five days from the date of receiving the compliant file, the Ministry of Information and Communications shall consider and decide on granting permission for the transfer of radio frequency usage rights;

c) In case of refusal to grant permission for the transfer, the Ministry of Information and Communications shall issue a document notifying the reasons.

5. An enterprise permitted to transfer radio frequency usage rights shall be issued with a revised or supplemented telecommunications service business license or have its telecommunications service business license revoked; an enterprise receiving the transfer of radio frequency usage rights shall be issued with a telecommunications service business license or have its telecommunications service business license revised or supplemented in accordance with the laws on telecommunications.

The issuance of bandwidth usage permits to enterprises requesting to receive the transfer shall be carried out in accordance with the laws on radio frequencies.

6. The telecommunications service business license, bandwidth and radio frequency usage permit transferred to the enterprise requesting to receive the transfer shall be valid until the expiration date of the telecommunications service business license and the bandwidth usage permit already issued to the transferring enterprise.

Article 20Responsibilities of the enterprise requesting the transfer

The enterprise requesting the transfer of radio frequency usage rights shall bear the following responsibilities:

1. Ensuring the legitimate rights and interests of organizations and individuals affected by the transfer.

2. Fulfilling financial obligations related to the transfer of radio frequency usage rights as prescribed by law.

3. Completing financial obligations regarding the payment for radio frequency usage rights, licensing fees for radio frequency usage permits, and radio frequency usage fees.

Article 21Responsibilities of the enterprise requesting to receive the transferợng

The enterprise requesting to receive the transfer of radio frequency usage rights shall bear the following responsibilities:

1. Exercising the rights and responsibilities transferred and not being allowed to further transfer the received radio frequency usage rights to another enterprise.

2. Fulfilling financial obligations related to the transfer of radio frequency usage rights as prescribed by law.

3. Adhering to the laws on telecommunications and radio frequencies.

4. Paying all types of fees and licensing fees in full and on time as prescribed by the laws on telecommunications and radio frequencies.

 

Chapter V
IMPLEMENTING PROVISIONS

Article 22. Effective Date

1. This Decree takes effect from the date of signature.

2. Decision No. 16/2012/QĐ-TTg dated March 8, 2012, of the Government Chairman on auctioning and transferring radio frequency usage rights shall cease to be effective from the date this Decree takes effect.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally-run cities shall be responsible for implementing this Decree.

 

 

Appendix

FORM CERTIFICATE MEET THE CONDITIONS

TO PARTICIPATE IN AUCTION FOR BANDWIDTH RADIO FREQUENCY
(Attached to Decree No.

dated October 1, 88/2021/NĐ-CP

Number: … /GXN-BTTTT 2021 SECTOR MANAGING BODIES

^{_____________}

 

 

CERTIFICATE

FOR USAGE RIGHTS Pursuant to the Law on Telecommunications No. 41/2009/QH12 dated November 23, 2009; RADIO FREQUENCY (Attached to Decree No.

^{_________________}

 

MINISTER OF INFORMATION AND COMMUNICATIONS

 

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications amended and supplemented by Decrees No. 81/2016/NĐ-CP dated July 1, 2016 and No. 49/2017/NĐ-CP dated April 24, 2017 of the Government;

Pursuant to Decree No. …/2021/NĐ-CP dated … of the Government on the collection of fees for the grant of radio frequency usage rights, auctioning, licensing, and transferring radio frequency usage rights for bandwidth;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, issued by the Government, on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Considering the files according to the letters No... dated ... of ... and No... dated ... of ... (name of enterprise);

CONFIRMATION

At the proposal of the Director of the Telecommunications Administration,

 

Enterprise (in capital letters): ...

Article 1. Trading name:...

International trading name:...

Abbreviation:...

Main office address:...

Business registration certificate/Business license/Investment certificate number ... issued by ... on ... of ... (hereinafter referred to as the Enterprise) meets the conditions to participate in the auction for radio frequency usage rights for the bandwidth ..., scheduled on ..., organized at ..., by ... in accordance with Article 11 of Decree No. .../2021/NĐ-CP dated ... of the Government on the collection of fees for the grant of radio frequency usage rights, auctioning, licensing, and transferring radio frequency usage rights for bandwidth.

The enterprise will be issued a telecommunications service business license after winning the auction for radio frequency usage rights for the bandwidth in accordance with the law.

Article 2. This confirmation is effective from the date of signing.

Article 3. This confirmation certificate becomes effective from the date of signature.

THE MINISTER