Thông tư 04/1999/TT-TCBD

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER'S DECISION NO. 85/1998/QD-TTg ON THE APPROVAL OF THE PLANNING ON VIETNAM'S RADIO SPECTRUM FOR VARIOUS SERVICES

On April 16, 1998, the Prime Minister signed Decision No. 85/1998/QD-TTg approving the planning on Vietnam's radio spectrum for various services. The General Department of Post and Telecommunications hereby guides the above Decision as follows:

I. GENERAL PROVISIONS

1.1. All domestic and foreign organizations and individuals in Vietnam, when using, producing or importing equipment with radio radiation on the Vietnamese territory (hereafter referred collectively to as the "radio frequency users") must comply with the Planning on Vietnam's radio spectrum for various services.

Other plannings of ministries, branches and People’s Committees relating to the use of radio spectrum must comply with the Planning on Vietnam’s radio spectrum for various services and must be commented by the General Department of Post and Telecommunications before their submission to the Government.

1.2. The General Department of Post and Telecommunications shall promulgate technical criteria and norms for use of radio frequencies, and manage, guide as well as inspect the implementation of the Planning on Vietnam’s radio spectrum for various services by the civil radio frequency users.

The Ministry of Public Security and the Ministry of Defense shall manage, guide and inspect the implementation of the Planning by the radio frequency users for the security and defense purposes on the basis of the technical criteria and norms for use of radio frequencies, issued by the General Department of Post and Telecommunications.

1.3. Terms used in this Circular shall be construed as follows:

1.3.1. Radio frequencies are electromagnetic waves with frequencies lower than 3000 GHz spreading in space without conducting artificial waves.

1.3.2. Radio radiation is the flow of energy in form of radio waves from any sources.

1.3.3. Radio emission is the radio radiation of a radio transmitting station.

1.3.4. Unwanted emission is the unintentional emission on a frequency or frequencies outside the necessary bandwidth and the level of which may be reduced without affecting the corresponding transmission of information.

1.3.5. A radio frequency band is a series of frequencies of radio radiation.

1.3.6. The equipment with radio radiation (hereafter referred to as radio equipment) are the equipment which, when operating, generates radio waves, including:

- Radio communication equipment;

- Equipment for application of radio waves in industry, science and healthcare;

- Equipment with unwanted radio wave radiation, causing harmful interferences to radio communication.

II. SPECIFIC GUIDANCES

2.1. Using the Table of frequency allocations for various operations:

2.1.1. The radio frequency users, when elaborating plans for equipping, importing, producing and using radio equipment, and the radio frequency-managing bodies, when fixing frequencies, shall have to base themselves on Vietnam’s Table of frequency allocations for various operations.

2.1.2. The way of using the Table:

2.1.2.1. The specific guidance for using Vietnam’s Table of frequency allocations for various operations is presented in the Planning issued together with Decision No. 85/1998/QD-TTg.

- The footnotes in Vietnam’s Table of frequency allocations specify the use of each wave band.

- The footnotes related to a number of countries in column "Allocations of Vietnam" shall be used to consider the possibility of coordination of frequencies with such countries.

2.1.2.2. Vietnam’s Table of frequency allocations for services in form of diagram shall help assess the whole of planned wave bands.

The diagram includes 8 lines, each demonstrating a wave band, stretching from the VLF band to the EHF band.

The VLF band covers the frequency range of from over 3 to 30kHz (wave length of from 100km to 10km);

The LF band....30 ....300 kHz (...10km ...1km);

.... MF band.... 300 ...3000 kHz (...1km ...100m);

... HF.....3 ....30 MHz (....100m .....10m);

... VHF....30 .... 300 MHz (.... 10m .....1m);

... UHF....300 .... 3000 MHz (...10dm ....1dm);

... SHF ....3 .....30GHz (.....10cm ..... 1cm);

... EHF....30 .....300 GHz (....10mm .... 1mm);

Each wave band is divided into smaller bands to be allocated to various exploitable services demonstrated through color blocs therein. Each service is demonstrated by one color.

2.2. Regulations on the use of frequencies on wave bands:

2.2.1. It is strictly forbidden to use exclusive safety or rescue communication frequencies for other purposes or to cause harmful interference thereto. The international safety or rescue communication frequencies are listed in Appendix 1.

2.2.2. The general principles for use of frequencies in wave bands of many services of the same type (all being the primary services or the secondary services) shall be as follows:

a/ Services of the same type enjoy equal priority;

b/ The priority in radio frequency use right shall be given to subjects using the registered frequencies and being granted permits to use the frequencies first.

2.2.3. The principle mentioned at Point b, Section 2.2.2, shall not apply to the wave bands the use of which must comply with the State’s policies in each period, including wave bands reserved for public telecommunication services, for security or defense purposes or reserved for new technologies.

The General Department of Post and Telecommunications shall make public the above-said wave bands.

2.2.4. The use of radio frequencies must comply with the radio frequency standards and norms promulgated by the General Department of Post and Telecommunications.

2.3. Regulations on conversion from status quo to Planning:

2.3.1. As from the date this Circular takes effect, it is strictly forbidden to sign contracts on import of radio equipment for services incompatible with those stated in the Planning. The radio equipment for wrong services, which have been imported under contracts signed before that date, shall have to be converted under the provisions in Section 2.3.3 of this Circular.

2.3.2. Within 6 months after this Circular takes effect, the subjects using radio frequencies shall have to make the lists of equipment being in wrong services according to the set form and send them to:

The Radio Frequency Department - 18 Nguyen Du, Hanoi.

2.3.3. Measures and time limit for conversion:

2.3.3.1. For equipment operating on frequencies incompatible with the services under the Planning:

a/ Where the equipment may be adjusted to operate on frequencies compatible to the services under the Planning without needing any fund for frequency adjustment: The subjects using the radio frequencies shall have to immediately switch to operate on the proper service frequencies under the provisions of the General Department of Post and Telecommunications.

b/ Where the equipment cannot be adjusted to operate on frequencies compatible with the services under the Planning or the equipment can be adjusted but require funds therefor:

- On wave bands with low frequency density, the radio frequency users may exploit them till the end of the equipment depreciation duration, but not beyond the year 2005, or till the General Department of Post and Telecommunications requests them to stop the exploitation for reasons of interference.

The equipment depreciation duration shall be calculated according to the regulations of the Ministry of Finance. The replacement of damaged equipment or the expansion of networks shall not alter the equipment depreciation duration.

- On wave bands with high frequency density, the radio frequency users shall have to replace the old equipment with those having the operating frequencies compatible with the services under the guidance of the General Department of Post and Telecommunications. If wishing to continue exploiting the old equipment, they shall have to move to localities with low frequency density, as consented by the General Department of Post and Telecommunications. In the above-mentioned cases, the subjects using radio frequencies incompatible with the services shall have to bear the costs of equipment conversion.

2.3.3.2. Subjects using radio frequencies with equipment operating on the frequency ranges prescribed in Section 2.2.3:

- If they have been permitted by the General Department of Post and Telecommunications to operate on such frequency bands, they shall have to arrange and convert the equipment for operations compatible with the fixed frequency ranges.

- If they have not been permitted by the General Department of Post and Telecommunications to operate on such frequency bands, they shall, within 5 years after receiving the notice thereon, have to convert their equipment to operate on other frequency bands prescribed by the General Department of Post and Telecommunications.

In cases where other subjects wish to use the above-mentioned frequency bands and demand that the conversion be made before the 5-year time limit after the notice is received, they shall have to bear the conversion cost which must not exceed the remaining value after the equipment depreciation.

2.3.3.3. For equipments operating on prescribed frequencies, which, for security or defense reasons, must be converted before the 5-year time-limit after the notice is received, the fund for such conversion shall be considered, depending on specific cases as agreed upon between the parties concerned or the General Department of Post and Telecommunications shall, together with the concerned State management bodies, consider and settle according to the current regulations of the State,

2.3.4. Vessels which exploit resources on the sea and use radio equipment with working frequencies not covered by frequency bands allocated to maritime mobile service may exploit the frequency bands as prescribed in Appendix 3.

2.3.5. Radio equipment must have the unwanted emission level being not greater than the permissible maximum level prescribed in Appendix 4.

2.3.6. When necessary, at the request of the General Department of Post and Telecommunications, the subjects using radio equipment shall have to supply the parameters on the equipment’s unwanted emission level and be subject to the inspection by the General Department of Post and Telecommunications regarding such parameters.

In special case, at the request of the General Department of Post and Telecommunications, the subjects using the radio frequencies shall have to apply measures in order to achieve the unwanted emission level smaller than that prescribed in Appendix 4.

2.4. Regulations on frequency coordination:

2.4.1. Domestic frequency coordination

2.4.1.1. The General Department of Post and Telecommunications, the Ministry of Public Security and the Ministry of Defense shall manage the frequency bands exclusively reserved for civil, security and defense organizations, ensuring that the subjects under their respective management shall use such frequency bands economically and efficiently and not use frequencies on frequency bands reserved exclusively for other organizations.

2.4.1.2. Where there is demand to use frequencies on frequency bands reserved exclusively for other organizations, the latter’s consent is required.

2.4.1.3. The adjustment of frequency bands among organizations shall be agreed upon by the General Department of Post and Telecommunications, the Ministry of Public Security and the Ministry of Defense.

2.4.2. Frequency coordination in national border regions: The General Department of Post and Telecommunications shall act as the competent representative of Vietnam in the frequency coordination with neighboring countries in the border regions. The subject using the radio frequencies under the management by the Ministry of Defense and the Ministry of Public Security shall provide, through functional agencies, necessary data for the Radio Frequency Department (the General Department of Post and Telecommunications) as prescribed so as to carry out procedures for frequency coordination at the border regions.

2.4.3. Registering international frequencies: Subjects using radio frequencies shall have to register the international frequencies in the following cases:

- The use of such frequencies may cause harmful interferences to any operation of foreign countries;

- The frequencies are used for international radio communications;

- The users wish to gain the international acknowledgement in the use of frequencies.

The registration of international frequencies shall comply with the circular guiding the implementation of the Government’s Decree No. 109/1997/ND-CP of November 12, 1997 on Post and Telecommunications regarding the management and granting of permits for using radio frequencies and/or transmitters.

2.5. Adjusting the Planning:

2.5.1. The adjustment of the Planning under the decisions of the International Telecommunications Union, world radio conferences, regional radio conferences and according to the national policies for telecommunications development shall be made by the General Department of Post and Telecommunications.

2.5.2. For adjustments which may alter the plans and investment already approved by the Government, the General Department of Post and Telecommunications shall submit them to the Prime Minister for approval on the basis of the appraisal by the Radio Frequency Committee.

2.5.3. Amendments and supplements to the Planning, after being approved by the competent authorities, constitute a part of the Planning.

2.6. Regulations on sanctions:

All forms of administrative violations in the management and use of radio frequencies and equipment as well as the sanctioning levels shall comply with Articles 14 and 15, Section 3, Chapter II, Decree No. 79/CP of June 19, 1997 of the Government stipulating sanctions against administrative violations in the field of State management over post, telecommunications and radio frequencies.

III. ORGANIZATION OF IMPLEMENTATION

This Circular takes effect 15 days after its signing. All previous regulations contrary to this Circular shall be annulled.

In the course of implementation, if any problem arises, it should be promptly reported to the General Department of Post and Telecommunications for guidance.

The contact address: Radio Frequency Department, the General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi.

Telephone: 8226908. Fax: 8226910.

APPENDIX 1

FREQUENCIES AND BANDS RESERVED EXCLUSIVELY FOR INTERNATIONAL SAFETY AND RESCUE COMMUNICATIONS

490 kHz 6314kHz 121.5 MHz

500 kHz 8291 kHz 123.1 MHz

518 kHz 8364 kHz 156.3 MHz

2174.5 kHz 8376.5 kHz 156.525 MHz

2182 kHz 8414.5 kHz 156.650 MHz

2187.5 kHz 8416.5 kHz 156.8 MHz

2173.5 - 12,290 kHz 243 MHz

2190.5 kHz

3023 kHz 12,520 kHz 406-406.1 MHz

4125 kHz 12,577 kHz 1530-1544 MHz

4177.5 kHz 12,579 kHz 1544-1545 MHz

4207.5 kHz 16,420 kHz 1626.5-1645.5 MHz

4209.5 kHz 16,695 kHz 1645.5-1646.5 MHz

4210 kHz 16,804.5 kHz 9200-9500 MHz

5680 kHz 16,806.5 kHz

6215 kHz 19,680.5 kHz

6268 kHz 22,376 kHz

6312 kHz 26,100.5 kHz

The above-listed frequencies are all the wave carrier frequencies.

APPENDIX 3

FREQUENCIES RESERVED FOR VESSELS EXPLOITING SEA RESOURCES AND USING RADIO COMMUNICATION EQUIPMENT WITH FREQUENCIES NOT BELONGING TO MARITIME MOBILE SERVICES

1. Frequency band of 7900-8000kHz

- When using equipment which can transmit on frequency 2182 kHz, the following regulation must be strictly complied with: Frequency 2182 kHz is reserved for safety, rescue and emergency calls.

- Frequency channels 7903 kHz and 7906 kHz are reserved for safety and rescue calls and support. They are stipulated as the call channels.

- The call channels are only used to make contacts, right after a contact is established, the mutual agreement must be reached to move to other channels for talks. Talks on the call channels are not permitted.

2. Frequency band 26.965 - 27.045 MHz

- Frequency channels 27.065 MHz and 27.185 MHz are reserved for safety and rescue calls and support. They are stipulated as the call channels.

- The call channels are only used to make contacts; right after a contact is established, the mutual agreement must be reached to move to another channels for talks. Talks on the call channels are not permitted.

APPENDIX 4

TABLE OF PERMISSIBLE MAXIMUM UNWANTED EMISSION OUTPUT LEVELS
(According to Regulation of the International Telecommunications Union)

These levels shall not apply to emergency position-indicating radio beacon stations, emergency search transmitters, ship’s emergency transmitters, life-rescue boads’ transmitters, aircraft stations, post-accident survival maritime transmitters when being used in emergency circumstances.-