Thông tư 04/2021/TT-BTTTT

CIRCULAR

PROVIDING GUIDANCE ON PROCEDURES FOR ISSUANCE OF LICENSES TO USE RADIO FREQUENCIES; LEASE OR LENDING OF RADIO EQUIPMENT; SHARED USE OF RADIO FREQUENCIES

Pursuant to the Law on Radio Frequencies dated November 23, 2009;

Pursuant to the Government’s Decree No. 17/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of the Director of Authority of Radio Frequency Management,

The Minister of Information and Communications hereby promulgates a Circular providing guidance on procedures for issuance of licenses to use radio frequencies; lease or lending of radio equipment; shared use of radio frequencies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides guidance on procedures for issuance, extension, re-issuance, amendment and revocation of licenses to use radio frequencies; lease or lending of radio equipment; shared use of radio frequencies.

2. This Circular does not apply to:

a) The use of radio frequencies for national defense and security purposes and cases exempt from licenses to use radio frequencies specified in Article 27 of the Law on Radio Frequency;

b) The issuance, extension, re-issuance and amendment of licenses to use radio frequencies of radio stations using frequencies in the aeronautical mobile service and aeronautical radionavigation service;

c) The issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to earth stations of foreign representative agencies and foreign senior delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations.

Article 2. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “earth station” means a station located either on the Earth's surface or within the major portion of Earth's atmosphere and intended for communication with one or more space stations or with one or more stations of the same kind by means of one or more reflecting satellites or other objects in space.

2. “space station” means a station located on an object which is beyond, is intended to go beyond, or has been beyond, the major portion of the Earth's atmosphere.

3. “amateur station” means a station in the amateur service.

4. “fixed station” means a station in the fixed service.

5. “mobile station” means a station in the mobile service intended to be used while in motion or during halts at unspecified points.

6. “land station” means a station in the mobile service not intended to be used while in motion.

7. “ship station” means a mobile station in the maritime mobile service located on board a ship, boat, floating platform or simulation model for training and research purposes.

8. “radio station located on a fishing vehicle” means a mobile station located on a fishing vehicle, using frequencies dedicated for fishing vehicles, frequencies intended for fishing vessel monitoring and frequencies for ensuring safety at sea.

9. “radio station communicating with a fishing vehicle” means a mobile station located on the mainland, using frequencies dedicated for fishing vehicles for communicating with fishing vehicles and not providing telecommunications services.

10. “coast station” means a land station in the maritime mobile service.

11. “wireless radio broadcasting station” means a radio station transmitting audio signals to wireless speakers.

12. “dedicated telecommunications network using frequencies in the mobile service”  means a communication network consisting of mobile radio stations or fixed and mobile radio stations that is established by organizations or individuals for communication between the network members but not for the purpose of gaining profits directly from the network's operation.

13. “internal radio communication network” means a communication network consisting of mobile radio stations which is established by organizations or individuals at a place with an identified address and scope and the owner of which is entitled to use it for internal communication but not for the purpose of gaining profits directly from the network's operation.

14. “foreign representative agencies” include diplomatic missions, consular offices and representative offices of international organizations in Vietnam that are entitled for diplomatic immunities and privileges.

15. “Global Maritime Distress and Safety System (GMDSS)” means a maritime information system adopted by the member states of the International Maritime Organization in 1988 on the basis of the revised text of Chapter IV of the International Convention for the Safety of Life at Sea - SOLAS 74.

Article 3. Agencies issuing and revoking licenses to use radio frequencies

1. The Authority of Radio Frequency Management affiliated to the Ministry of Information and Communications shall issue, extend, re-issue, amend and revoke licenses to use radio frequencies for cases other than those specified in Clause 2 of this Article.

2. Any regional Radio Frequency Control Center affiliated to the Authority of Radio Frequency Management shall issue, extend, re-issue, amend and revoke licenses to use radio frequencies and radio equipment of radio stations located on fishing vehicles, wireless radio broadcasting stations and internal radio communication networks, and in cases where radio equipment is used for a period of less than 15 (fifteen) days at festivals, events, exhibitions and fairs.

Article 4. Issuance of licenses to use radio frequencies

1. In case of direct licensing, 01 (one) set of application for the license to use radio frequencies shall be prepared. An organization or individual that submits a complete and conformable application first will be issued with a license first.

Where the license is issued through an auction or exam for selection of those to have the radio frequency use right, regulations of law on auction and examination shall be complied with.

2. For the initial license to use radio frequencies, the duration of the license depends on the request of the organization or individual but must not exceed 10 (ten) years for the license to use radio frequencies and radio equipment, 15 (fifteen) years for the license to use frequency bands and 20 (twenty) years for the license to use satellite frequencies and orbit, and conforms with the radio frequency planning. The total duration of an initial license and extensions must not exceed the maximum duration for such type of license. If the duration of an initial license equals to the maximum duration for such type of license, such license may be extended for up to 01 (one) year.

3. Any organization or enterprise issued with the license to use frequency bands shall regularly report to the Authority of Radio Frequency Management a list of radio transmitters used in the radio communication network (using the form provided in Appendix III of this Circular) before December 31 every year or irregularly report at the request of the Authority of Radio Frequency Management.

4. For cases subject international registration of/cooperation in radio frequency under Article 41 of the Law on Radio Frequencies, during the period of carrying out registration or cooperation according to regulations of the International Telecommunications Union, the Authority of Radio Frequency Management shall consider issuing temporary licenses. If the registration or cooperation is unsuccessful, the organization or individual shall have their activities suspended. Official licensing shall depend on the result of international registration of or cooperation in radio frequency with the International Telecommunications Union.

5. The form of the license to use radio frequencies is provided in Appendix I of this Circular.

Article 5. Extension and amendment of licenses to use radio frequencies

1. At least 30 (thirty) days before the expiry date of the license to use radio frequencies and radio equipment and 60 (sixty) days before the expiry date of the license to use frequency bands and license to use satellite frequencies and orbit, the organization or individual shall submit an application for extension of the license to use satellite frequencies and orbit as prescribed. An extended license will only have its validity period prolonged while other details remain unchanged.

2. If the organization or individual that fails to comply with the time limit specified in Clause 1 of this Article wishes to continue using frequencies, such organization or individual shall follow the same procedures as those for issuing a new license.

3. When a license is still effective, the organization or individual that wishes to have its contents (except validity period) amended shall submit an application for such amendment.

4. The organizations or individual is entitled to apply for extension concurrently with amendment of a license under Clauses 1 and 3 of this Article.

Article 6. Voluntary termination of licenses to use radio frequencies

1. Within the validity period of the license, any organization or individual that obviates the need for using radio frequencies, radio equipment or satellite orbit shall send a written notification of voluntary termination of the license to use radio frequencies, radio equipment or satellite orbit to the Authority of Radio Frequency Management according to the form of the notification of voluntary termination in the Appendix IV of this Circular.

2. If a telecommunication enterprise uses radio frequencies, radio equipment and satellite orbit for providing telecommunications services, before sending the notification of voluntary termination to the Authority of Radio Frequency Management, such enterprise shall complete the procedures for terminating telecommunications services with respect to relevant radio frequencies according to the regulations of law on telecommunications.

Article 7. Re-issuance of licenses to use radio frequencies

If the license to use radio frequencies is lost or damaged, its holder shall submit an application form for re-issuance of the license to use radio frequencies to the licensing authority as prescribed.

Article 8. Applications for issuance, extension, re-issuance and amendment of licenses to use radio frequencies

1. Every applicant for issuance of a license shall take legal responsibility for the accuracy and legality of the documents and information in the application.

For the documents in the application which are not required by this Circular to be notarized or certified, the organization applying for the license shall append its seal, the individual or household business shall append their signature to each document, except where the application is submitted through the online public service portal. If a document contains multiple pages, it is required to affix a seal on the margins of consecutive pages or signature to each page.

2. When the licensing authority is able to access information about the Citizen ID card or ID card or business household registration certificate on the National Population Database or National Enterprise Registration Database, organizations and individuals are not required to submit the abovementioned documents in the applications specified in Chapter II hereof. The specific effective date of this regulation shall be published on the website of the Authority of Radio Frequency Management at www.cuctanso.vn.

3. Every applicant for issuance of the license shall submit an application and receive the license in person or by post or through the online public service portal. The issuance, extension, re-issuance and amendment of licenses to use radio frequencies by electronic means through the online public service portal shall be published on the website of the Authority of Radio Frequency Management.

4. Organizations and individuals are not required to submit the documents in the previous application for issuance of license if such documents remain effective and their contents remain unchanged.

5. An application for issuance of license shall not be processed in the following cases:

a) 30 (thirty) days after the day on which the request for supplementation and completion is sent, the licensing authority fails to receive a complete application from the applicant.

b) 30 (thirty) days after the day on which the notification of payment of fees and charges for use of radio frequencies is sent, the applicant fails to fully pay fees and charges as prescribed to obtain a license.

Article 9. Payment of fees and charges for use of radio frequencies and receipt of licenses

An organization or individual may obtain a license only after fully paying fees and charges for use of radio frequencies as prescribed.

Article 10. Agencies receiving applications and delivering licenses

1. Applicants for issuance, extension, re-issuance and amendment extension of licenses to use radio frequencies and radio equipment shall submit their applications and receive licenses at one of the following agencies:

a) Authority of Radio Frequency Management;

b) Regional Radio Frequency Control Centers affiliated to the Authority of Radio Frequency Management.

c) Other cooperating agencies authorized by the Authority of Radio Frequency Management. A list of cooperating agencies is published on the website of the Authority of Radio Frequency Management.

2. Applicants for issuance, extension, re-issuance and amendment of licenses to use frequency bands, licenses to use satellite frequencies and orbit shall submit their applications and receive licenses at Authority of Radio Frequency Management.

Chapter II

PROCEDURES FOR ISSUANCE, EXTENSION, AMENDMENT, RE-ISSUANCE AND REVOCATION OF LICENSES TO USE RADIO FREQUENCIES

Section 1. ISSUANCE, EXTENSION AND AMENDMENT OF LICENSES TO USE RADIO FREQUENCIES AND RADIO EQUIPMENT

Article 11. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to amateur stations

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1b in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of the Amateur Radio Operator Certificate;

c) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of the Citizen ID card or ID card or passport which remains effective if the applicant is an individual.

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 12. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to stations located on fishing vehicles

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1c in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the following documents:

Citizen ID card or ID card or passport which remains effective or certificate of fishing vessel registration (if the applicant is an individual); or

Business household registration certificate (if the applicant is a business household).

c) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of the satellite communication service contract between the fishing vessel owner and the telecommunications enterprise licensed by the Ministry of Information and Communications (for the satellite-based fishing vessel monitoring equipment).

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 13. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to broadcasting devices

1. An application for issuance of a new license includes general declaration, and declaration of technical and operating specifications, which are made using the form 1d in the Appendix II hereof;

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 14. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to wireless radio broadcasting stations

1. An application for issuance of a new license includes general declaration, and declaration of technical and operating specifications, which are made using the form 1dd in the Appendix II hereof.

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 15. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to microwave transmission lines

1. An application for issuance of a new license includes general declaration, and declaration of technical and operating specifications, which are made using the form 1e in the Appendix II hereof.

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 16. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to internal radio communication networks and dedicated telecommunications networks using frequencies in the mobile service

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1g in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the following documents:

Citizen ID card or ID card or passport which remains unexpired (if the applicant is an individual); or

Business household registration certificate (if the applicant is a business household).

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 17. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to ship stations (not applicable to non-GMDSS radio stations)

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1h in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the following documents:

Citizen ID card or ID card or passport which remains unexpired (if the applicant is an individual); or

Business household registration certificate (if the applicant is a business household); or

The Decision on functions, tasks, powers and organizational structure (applicable to training institutions using maritime radio frequencies and equipment located on ship station simulation models).

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 18. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to radio stations communicating with fishing vehicles

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1i in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the following documents:

Citizen ID card or ID card or passport which remains unexpired (if the applicant is an individual); or

Business household registration certificate (if the applicant is a business household).

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations are mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 19. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to radio equipment used at festivals, events, exhibitions and fairs

1. An application for issuance of a new license includes general declaration, and declaration of technical and operating specifications of radio equipment, which are made using the form suitable for each radio service specified in the Appendix II hereof.

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 20. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to radio stations of foreign representative agencies and foreign senior delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations

1. For a radio station (except for earth station) of a foreign representative agency:

a) An application for issuance of a new license includes:

General declaration, and declaration of technical and operating specifications of radio equipment, which are made using the form suitable for each radio service specified in the Appendix II hereof; and

Written request (bearing signature of the competent person and seal or digital signature of the applicant for issuance of the license) from the Ministry of Foreign Affairs, for radio stations of diplomatic missions and consular offices.

b) An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

c) An application for amendment of a license includes:

General declaration, and declaration of technical and operating specifications of radio equipment, which are made using the form suitable for each radio service specified in the Appendix II hereof; and

Documentary evidence for the amendments.

2. Applicable to radio stations (except for earth stations) of foreign senior delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations, foreign representative agencies whose licenses are applied for by a delegation or an authority presiding over welcoming the delegations:

a) An application for issuance of a new license includes:

General declaration, and declaration of technical and operating specifications of radio equipment, which are made using the form suitable for each radio service specified in the Appendix II hereof; and

Written request (bearing signature of the competent person and seal or digital signature of the applicant for issuance of the license) of the authority presiding over welcoming the delegations.

b) An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

c) An application for amendment of a license includes:

General declaration, and declaration of technical and operating specifications of radio equipment, which are made using the form suitable for each radio service specified in the Appendix II hereof; and

Documentary evidence for the amendments.

Article 21. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to earth stations (not applicable to GMDSS earth stations located on board ships)

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1m in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the following documents:

Satellite communication service contract (applicable to independent earth stations of organizations, individuals and business households using satellite information services of telecommunications enterprises licensed by the Ministry of Information and Communications; or

Establishment decision or enterprise registration certificate or investment certificate (applicable to organizations and enterprises conducting business at sea, multinational companies, governmental agencies, software development zones and hi-tech zones using regional or international satellites); or

Document issued by a competent authority (applicable to organizations and enterprises that are licensed to carry out aviation or maritime safety assurance activities according to the regulations of the International Civil Aviation Organization - ICAO or the International Maritime Organization - IMO and use regional or international satellites).

2. An application for license extension includes:

a) A general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the corresponding following documents specified in Point b Clause 1 of this Article (if such document is changed).

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 22. Applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment applicable to fixed stations and coast stations (not communicating with satellites), separate devices and cases not specified in Articles 11 to 21 of this Circular

1. An application for issuance of a new license includes:

a) General declaration, and declaration of technical and operating specifications, which are made using the form 1a in the Appendix II hereof;

b) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of one of the following documents:

Citizen ID card or ID card or passport which remains unexpired (if the applicant is an individual); or

Business household registration certificate (if the applicant is a business household); or

The Decision on functions, tasks, powers and organizational structure (applicable to agencies and public service providers applying for the license).

2. An application for license extension includes a general declaration and list of licenses to be extended, which are made using the forms in the Appendix II hereof.

3. An application for amendment of a license includes:

a) The declarations mentioned in Point a Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 23. Time limit for processing of applications for issuance, extension and amendment of licenses to use radio frequencies and radio equipment

1. Time limit for processing applications is as follows:

a) Regarding applications for issuance of licenses to amateur stations, ship stations and radio stations located on board fishing vessels, the licensing authority shall process the applications for issuance, extension and amendment of licenses within 10 (ten) working days from the date on which sufficient and conformable applications are received.

b) Regarding applications for issuance of licenses to other cases, the licensing authority shall process the applications for issuance, extension and amendment of licenses within 20 (twenty) working days from the date on which sufficient and conformable applications are received.

2. If the quantity of radio frequencies to be assigned exceeds 100 in an application or in applications submitted by an applicant for issuance or amendment of a license within 20 (twenty) working days, the time limit for processing such applications shall not exceed 03 (three) months. The licensing authority shall send a written notification containing the explanation and the scheduled time limit for processing applications for issuance of licenses within 05 (five) working days from the date on which sufficient and conformable applications are received.

3. If the applications are insufficient and unconformable, within 05 (five) working days from the receipt of the applications, the licensing authority shall notify and instruct the applicants to complete the applications.

4. In case of refusal to issue licenses, the licensing authority shall send a written notification of reasons for its refusal to the applicants within the time limit specified in Clauses 1 and 2 of this Article.

Section 2. ISSUANCE, EXTENSION AND AMENDMENT OF LICENSES TO USE FREQUENCY BANDS

Article 24. Applications for issuance, extension and amendment of licenses to use frequency bands

1. An application for issuance of a new license includes:

a) Regarding the frequency bands subject to direct licensing, an application consists of a declaration of application for issuance of license to use frequency bands which is made using the form No. 2 in the Appendix II hereof.

b) Regarding the frequency bands subject to an auction or exam for selection of those to have the radio frequency use right, applications shall be prepared in accordance with regulations of law on auction and exam for use of radio frequencies.

2. An application for license extension shall contain a declaration of application for issuance of license to use frequency bands which is made using the form No. 2 in the Appendix II hereof.

3. An application for amendment of a license includes:

a) A declaration of application for issuance of license to use frequency bands which is made using the form No. 2 in the Appendix II hereof;

b) Documentary evidence for the amendments.

Article 25. Time limit for processing applications for issuance, extension and amendment of licenses to use frequency bands

1. Time limit for processing applications is as follows:

a) Regarding frequency bands subject to direct licensing: the applications for issuance, extension and amendment of licenses shall be processed within 60 (sixty) working days from the date on which sufficient and conformable applications are received.

b) Regarding the frequency bands subject to an auction or exam for selection of those to have the radio frequency use right, applications for issuance of new licenses shall be processed in accordance with regulations of law on auction and examination; the applications for extension and amendment of licenses shall be processed according to Point a Clause 1 of this Article.

2. If the applications are insufficient and unconformable, within 05 (five) working days from the receipt of the applications, the Authority of Radio Frequency Management shall notify and instruct organizations and enterprises in writing to complete the applications.

3. In case of refusal to issue licenses, the Authority of Radio Frequency Management shall send a written notification of reasons for its refusal to organizations and enterprises within the time limit specified in Clause 1 of this Article.

Section 3. ISSUANCE, EXTENSION AND AMENDMENT OF LICENSES TO USE SATELLITE FREQUENCIES AND ORBIT

Article 26. Applications for issuance, extension and amendment of licenses to use satellite frequencies and orbit

1. An application for issuance of a new license includes a declaration of application for issuance of license to use satellite frequencies and orbit which is made using the form No. 3 in the Appendix II hereof.

2. An application for license extension includes the declaration specified in in Clause 1 of this Article.

3. An application for amendment of a license includes:

a) The declaration mentioned in Clause 1 of this Article;

b) Documentary evidence for the amendments.

Article 27. Time limit for processing applications for issuance, extension and amendment of licenses to use satellite frequencies and orbit

1. The Authority of Radio Frequency Management shall appraise and process applications for issuance, extension and amendment of licenses to use satellite frequencies and orbit within 45 (forty-five) working days from the date on which sufficient and conformable applications are received.

2. If the applications are insufficient and unconformable, within 05 (five) working days from the receipt of the applications, the Authority of Radio Frequency Management shall notify and instruct organizations and enterprises in writing to complete the applications.

3. In case of refusal to issue licenses, the Authority of Radio Frequency Management shall send a written notification of reasons for its refusal to organizations and enterprises within the time limit specified in Clause 1 of this Article.

Section 4. RE-ISSUANCE OF LICENSES TO USE RADIO FREQUENCIES

Article 28. Re-issuance of licenses to use radio frequencies

1. 01 (one) set of application for re-issuance of license to use radio frequencies including an application form specified in the Appendix II hereof shall be prepared.

2. Time limit for re-issuance of licenses to use radio frequencies and radio equipment

a) For the cases specified in Clause 1 Article 3 hereof, the time limit for re-issuance of license to use radio frequencies is 20 (twenty) working days from the receipt of sufficient and conformable applications.

b) For the cases specified in Clause 2 Article 3 hereof, the time limit for re-issuance of license to use radio frequencies is 10 (ten) working days from the receipt of sufficient and conformable applications.

c) If the applications are insufficient and unconformable, within 05 (five) working days from the receipt of the applications, the licensing authority shall notify and instruct the applicants to complete the applications.

d) In case of refusal to issue licenses, the licensing authority shall send a written notification of reasons for its refusal to the applicants within the time limit specified in Points a and b of this Clause.

Section 5. REVOCATION OF LICENSES TO USE RADIO FREQUENCIES

Article 29. Revocation of licenses to use radio frequencies

1. The revocation of licenses to use radio frequencies of entities committing violations against the regulations on radio frequencies under Clause 1 Article 23 of the Law on Radio Frequencies is prescribed as follows:

a) For the cases specified in Points a and b Clause 1 Article 23 of the Law on Radio Frequencies, the revocation of licenses to use radio frequencies shall be subject to decisions of the Courts or competent authorities.

b) For the cases specified in Points c, d and e Clause 1 Article 23 of the Law on Radio Frequencies, the revocation of licenses to use radio frequencies shall be subject to conclusions given by inspectorates or results of radio frequency examinations or decisions of Courts.

c) For the case specified in Point dd Clause 1 Article 23 of the Law on Radio Frequencies, if after 60 (sixty) days from the date on which the competent authority sends the organization/individual a notification of payment of radio frequency charges and fees or other financial obligations but such organization/individual fails to fully pay radio frequency charges and fees or fails to fulfill financial obligations, then the revocation of the licenses to use radio frequencies shall be carried out.

d) For the case specified in Point g Clause 1 Article 23 of the Law on Radio Frequencies, the revocation of licenses to use radio frequencies shall be subject to a decision on revocation or amendment of the corresponding telecommunications licenses and broadcasting operation licenses.

2. Organization/Individual shall stop using radio frequencies and radio equipment under the decision to revoke the license to use radio frequencies of the Authority of Radio Frequency Management.

3. A list of organizations and individuals whose licenses to use radio frequencies are revoked and reasons for the revocation shall be published on the website of the Authority of Radio Frequency Management.

Chapter III

LEASE AND LENDING OF RADIO EQUIPMENT

Article 30. Regulations on lease and lending of radio equipment

1. Owners of seagoing ships, aircraft, river-going ships, fishing vehicles, amateur radio stations and other vehicles with radio equipment (except for earth stations) may lease out or lend out their licensed radio equipment to other organizations or individuals for operation.

2. Lessors/lenders and lessees/borrowers of radio equipment shall comply with the regulations laid down in the licenses to use radio frequencies and radio equipment, the law on radio frequencies and other relevant regulations of law. Their violations against the law on radio frequencies shall be handled according to regulations.

3. Lessors/lenders of radio equipment shall:

a) Ensure that lessees/borrowers of radio equipment are not on the list of those whose licenses to use radio frequencies are revoked which is published according to Clause 3 Article 29 of this Circular;

b) Examine and retain documents proving that lessees/borrowers satisfy the conditions specified in Article 31.

Article 31. Conditions for lease and borrowing of radio equipment

Organizations/individuals leasing/borrowing radio devices shall satisfy the following conditions:

1. Any lessee/borrower of radio equipment shall be a Vietnamese organization or citizen; a foreign organization lawfully operating in Vietnam; or a foreigner using amateur radio stations.

2. Any direct operator of radio equipment in the maritime or aeronautical mobile service or amateur radio service of lessees/borrowers shall have the radio operator certificate.

3. Any lessee/borrower of radio equipment is not on the list of those whose licenses to use radio frequencies are revoked published according to Clause 3 Article 29 of this Circular.

Article 32. Lease and lending of radio equipment

At least 05 (five) working days prior to transferring radio equipment to a lessee/borrower, the lessor/lender shall send a notification of lease/lending (certified by both lessees/borrower and lessor/lender) using the form in the Appendix IV hereof to local Radio Frequency Control Center.

Article 33. Conditions and procedures for lease and lending of amateur stations

1. An amateur station may be only leased out or lent among radio operators and the following regulations shall be complied with:

a) When using the amateur station which is leased out or lent, the operator leasing or borrowing the station may only carry out limited communication in accordance with the regulations laid down in his/her Amateur Radio Operator Certificate and limited operation in accordance with the regulations in the license issued to the amateur station which is leased out or lent.

b) When leasing or borrowing an amateur station for operation, the amateur radio operator must use call sign of the amateur station which is leased out or lent followed by the call sign or name of the amateur radio operator leasing or borrowing the station.

c) The lessor/lender of the amateur station shall take total responsibility for compliance with the regulations set out in Points and b of this Clause, fully write the journal and ensure that the lessee/borrower does not operate in excess of the limits specified in the license issued to the station.

d) Where the lessee/borrower leases or borrows the amateur station for communication in locations other than those specified in the license for a period of less than 30 (thirty) days, such lessee/borrower shall obtain a written consent of the Authority of Radio Frequency Management.

2. 01 (one) amateur lease/lending dossier shall be compiled, including:

a) A registration form for lease or borrowing of the amateur station (specifying the call sign or registration identification number, location of the station and contact address);

b) A lessor/lender’s written approval for lease or lending of the amateur station, specifying name of the lessor/lender, number and effective period of license to use radio frequencies and radio equipment; lease/borrowing term;

c) A certified true copy or a copy enclosed with the original for comparison or legal e-copy of the lessee’s/borrower’s Citizen ID card or ID card or passport which remains effective (in the case of a foreigner);

d) A copy or e-copy of the Amateur Radio Operator Certificate or Foreign Amateur Radio Operator Certificate of the lessee/borrower.

3. The dossier shall be submitted to the Authority of Radio Frequency Management, whether in person or by post or through the online public service portal.

4. Within 05 (five) working days from the date on which a complete and conformable dossier, the Authority of Radio Frequency Management shall issue a notification for approval for registration of lease or borrowing of amateur station (enclosed with call sign, identification number and location of the station). In case of refusal, the Authority of Radio Frequency Management shall send a written notification of reasons for its refusal.

Chapter IV

SHARED USE OF RADIO FREQUENCIES

Article 34. Cases where use of radio frequencies is required to be shared

Apart from cases where the use of radio frequencies is required to be shared according to regulations of the International Telecommunication Union, users of radio frequencies and radio equipment in the following cases shall share the use of radio frequencies with other organizations/individuals according to the regulations in the license to use radio frequencies and radio equipment:

1. Dedicated telecommunications networks using radio frequencies in the mobile service with an effective radiated power of 10W or less (not applicable to radio communication networks whose use of radio frequencies and equipment is dangerous to human life; internal radio communication networks).

2. Radio stations communicating with fishing vehicles.

3. Coast stations (not providing telecommunications services).

Article 35. Guidelines for operation on shared-used frequencies

1. The principle that conversations only serve duties and proper entities for the purposes indicated in licenses shall be adhered to.

2. Calls shall be made only when radio frequency channels are free without any users, unless such calls are related to emergency or human life safety.

3. Call signs specified in licenses to use radio frequencies and radio equipment shall be used.

4. The communication duration shall be short, not exceeding five minutes per each conversation.

5. It is recommended that encryption or other technical measures be used to ensure confidentiality of information.

Article 36. Procedures for operation on shared-used frequencies

1. Before the transmission, listen carefully to the frequencies to be transmitted ensure that they are free.

2. Transmit the call sign specified in the license to use radio frequencies and radio equipment at the beginning and end of each call.

3. Use the reserve frequencies (indicated in the license to use radio frequencies) if the main assigned frequencies are interfered with or being used by other organizations or individuals.

Article 37. Responsibilities of shared users of frequencies

1. Notify the Authority of Radio Frequency Management when detecting illegal operation on shared-used frequencies.

2. Refrain from intentionally collecting and using information received from other radio stations that share the use of radio frequencies.

Chapter V

IMPLEMENTATION

Article 38. Effect

1. This Circular comes into force from October 01, 2021 and replaces the Circular No. 05/2015/TT-BTTTT dated March 23, 2015 of the Minister of Information and Communications.

2. Any license to use radio frequencies issued before the effective date of this Circular shall remain valid until its expiry date.

3. Articles 12 through 18, and Clause 7 Article 21 of the Decision No. 18/2008/QD-BTTTT dated April 04, 2008 of the Minister of Information and Communications are repealed.

4. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Information and Communications (through the Authority of Radio Frequency Management) for consideration./.