Thông tư 24/2010/TT-BTTTT

CIRCULAR

DETAILING AND GUIDING PROCEDURES FOR THE GRANT OF RADIO FREQUENCY USE LICENSES; LEASE OR LENDING OF RADIO DEVICES; OR SHARED USE OF RADIO FREQUENCY

Pursuant to the November 23, 2009 Law on Radio frequency;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications,

STIPULATES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides procedures for the grant, modification, extension and revocation of radio frequency use licenses; lease or lending of radio devices with radio frequency use licenses; and shared use of radio frequency.

This Circular does not apply to the use of radio frequency for national defense and security purposes and cases exempt from radio frequency use license specified in Article 27 of the Law on Radio Frequency.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Satellite earth station means a radio station located on the earth's surface or within the atmosphere for communicating with a satellite space station.

Satellite space station means a radio station located on an earth's artificial satellite with a geostationary or non-geostationary orbit.

2. Amateur radio station means a radio station in the amateur radio service.

Amateur radio service is a radiocommuni-cation service aiming to provide self-training and research in information techniques conducted by amateur radio operators for their personal aim and not-for-profit purposes and licensed by a competent agency.

3. Fixed station means a radio station in the fixed service.

Fixed service is a radiocommunication service between specified fixed points.

4. Mobile station means a radio station in the mobile service which is used while in motion or during halts at unspecified points.

Mobile service is a radiocommunication service between mobile and land stations or between mobile stations.

Land station means a station in the mobile service which is not used while in motion.

5. Ship station means a mobile station using frequencies of the maritime mobile service which is located on a ship, boat or another floating craft.

Maritime mobile service is a mobile service between coast and ship stations or between ship stations or between on-board communication stations. Survival craft stations and emergency position-indicating radio beacon stations may also participate in this service.

6. Radio station located on a fishing boat means a mobile station located on a fishing boat, using frequencies dedicated for fishing boats and frequencies for ensuring safety at sea.

7. Radio station communicating with a fishing boat means a radio station located on the mainland, using frequencies dedicated for fishing boats for communicating with fishing boats, and not providing telecommunications services.

8. Coast station means a radio station located on the mainland, using frequencies of maritime mobile services and frequencies dedicated for fishing boats for communicating with ships, boats and other floating crafts.

9. Wireless radio broadcasting station means a radio station transmitting one-way audio signals from transmitting stations to wireless speakers.

10. Dedicated telecommunications network using frequencies of mobile services means a communication network consisting of mobile radio stations or fixed and mobile radio stations which is established by institutions or individuals for communication by the network members but not for the purpose of gaining profits directly from the network's operation.

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

12. Foreign representative agencies include diplomatic missions, consular offices and representative offices of international organizations in Vietnam that are eligible for diplomatic privileges and immunities.

Article 3. Agency granting radio frequency use licenses

The Radio Frequency Directorate shall grant, extend, modify and revoke radio frequency use licenses.

Article 4. Grant of radio frequency use licenses

1. Radio devices listed in a dossier of application for grant, extension or modification of a radio frequency use license must be devices of which regulation conformity has been certified under regulations.

2. In case of direct licensing, institutions and individuals that submit complete and valid dossiers first will be granted licenses first.

3. When an institution or individual applies for the first time for a radio frequency use license or when there is a change in frequencies assigned in a license, a license shall be granted with a term requested by the applicant which, however, must not exceed the maximum term corresponding to each type of license and must comply with radio frequency planning.

4. Radio emission limits indicated in frequency band use licenses shall be specified under technical regulations. When technical regulations are unavailable, international standards and actual capacity of technologies shall be based on in order to minimize harmful interference.

5. Holders of frequency band use licenses shall regularly or irregularly report lists of radio transmitters used in the radio communication network (made according to the form provided in Appendix 3) to the Radio Frequency Directorate.

6. For cases subject to radio frequency international registration or coordination under Article 41 of the Law on Radio Frequency, in the course of such registration or coordination under regulations of the International Telecommunications Union, the Radio Frequency Directorate will consider and grant temporary licenses only when applicants make a written commitment to suspending operation if such registration or coordination fails. Official licensing shall be based on the results of radio frequency international registration and coordination with the International Telecommunications Union.

7. The form of radio frequency use license is provided in Appendix 1 to this Circular.

Article 5. Extension of radio frequency use licenses

1. At least 30 days, 60 days or 90 days before a radio frequency and device use license, frequency band use license or satellite frequency and orbit use license expires, its holder shall send a dossier of request for extension of a radio frequency use license under regulations. An extended license will only have its validity duration prolonged with other details kept unchanged.

2. If failing to comply with the time limit specified in Clause 1 of this Article, institutions and individuals that wish to continue using frequencies shall carry out procedures like for new licenses and use new frequencies if the previous ones have been granted to other institutions or individuals.

Article 6. Modification of radio frequency use licenses

When a license remains valid, an institution or individual that wishes to have its contents (except validity) modified shall compile a dossier of request for such modification.

Article 7. Cessation of use of radio frequency or devices

1. While the license remains valid, an institution or individual that no longer wishes to use radio frequency or devices shall notify such in writing to the Radio Frequency Directorate.

2. Such a notice contains the serial number of the license, date of expiration and date of cessation of use of radio frequency or devices.

Article 8. Declaration and cancellation of dossiers of request for grant, extension or modification of radio frequency use licenses

1. Institutions and individuals that request grant, extension or modification of radio frequency use licenses shall take responsibility before law for the accuracy and lawfulness of documents and information declared in their dossiers.

Documents in a dossier of request for grant, extension or modification of a radio frequency use license which are not required by this Circular to be notarized or certified shall be certified by the applicants as documents sent by them through appending their stamps on (for institutions) or signing (for individuals) each document.

2. A dossier of request for grant, extension or modification of a radio frequency use license shall be invalidated in the following cases:

a/ Thirty days after sending a notice of request for dossier supplementation and completion, the Radio Frequency Directorate receives no supplemented and completed dossier from the applicant;

b/ Thirty days after a notice of request for payment of the radio frequency use charge and fee is sent, the applicant fails to fully pay the charge and fee under regulations to obtain a license.

Article 9. Receipt of dossiers and licensing by electronic means

The receipt of dossiers and grant, extension or modification of radio frequency use licenses by electronic means comply with the law on e-transactions and this Circular's provisions on dossiers and procedures.

Article 10. Payment of radio frequency use charge and fee and receipt of licenses

Institutions and individuals may obtain licenses only after fully paying the fee for grant, extension or modification of licenses and the radio frequency use charge under regulations.

Chapter II

PROCEDURES FOR GRANT, EXTENSION, MODIFICATION OR REVOCATION OF RADIO FREQUENCY USE LICENSES SECTION I. GRANT, EXTENSION OR MODIFICATION OF RADIO FREQUENCY AND DEVICE USE LICENSES

Article 11. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to amateur radio stations

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form lb provided in Appendix 2 to this Circular;

b/ A certified copy of the amateur radio operator certificate granted or recognized under the Information and Communications Minister's Decision No. 18/2008/QD-BTTTT of April 4, 2008, promulgating regulations on amateur radio operations;

c/ A certified copy of the valid identity card or: passport, for individual applicants.

2. A dossier of request for extension of a license complies with Point a, Clause 1 of this Article.

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 12. Dossiers of request for grant, extension or modification of radio frequency and device use. licenses applicable to radio stations located on fishing boats

1. A-dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form l c provided in Appendix 2 to this Circular;

b/ A certified copy of the valid identity card or passport, for individual applicants.

2. A dossier of request for extension of a license complies with Point a, Clause 1 of this Article.

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 13. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to radio stations communicating with fishing boats

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form li provided in Appendix 2 to this Circular;

b/ A certified copy of the valid identity card or passport, for individual applicants.

2. A dossier of request for extension of a license complies with Point a, Clause 1 of this Article.

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a. Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 14. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to radio and television broadcasting devices

1. For press agencies

a/ A dossier of application for a new license comprises:

- A declaration of application for a radio frequency and device use license, made according to form Id provided in Appendix 2 to this Circular;

- A copy of the press license, for the contents of the radio or television channel to be broadcast.

b/ A dossier of request for extension of a license comprises:

- A declaration of application for a radio frequency and device use license, made according to form Id provided in Appendix 2 to this Circular;

- A copy of the press license, for the contents of the radio or television channel to be broadcast (if there is a change in the granted license).

c/ A dossier of request for modification of a license comprises:

- A declaration of application for a radio frequency and device use license, made according to form Id provided in Appendix 2 to this Circular;

- Documents explaining to-be-modified contents (when so requested).

2. For providers of radio and television transmission and broadcasting services

a/ A dossier of application for a new license comprises:

- A declaration of application for a radio frequency and device use license, made according to form Id provided in Appendix 2 to this Circular;

- A copy of the license for the provision of relevant radio and television transmission and broadcasting services as prescribed.

b/ A dossier of request for extension of a license comprises:

- A declaration of application for a radio frequency and device use license, made according to form Id provided in Appendix 2 to this Circular;

- A copy of the license for the provision of relevant radio and television transmission and broadcasting services as prescribed (if there is a change in the granted license).

c/ A dossier of request for modification of a license comprises:

- A declaration of application for a license, made according to form Id provided in Appendix 2 to this Circular;

- Documents explaining to-be-modified contents (when so requested).

3. For institutions other than press agencies that re-broadcast public radio or television programs

a/ A dossier of application for a new license comprises:

- A declaration of application for a license, made according to form Id provided in Appendix 2 to this Circular;

- The provincial-level Information and Communications Department's written approval of the re-broadcasting of its local radio or television programs (indicating names of programs to be re-broadcast).

The Radio Frequency Directorate shall consider and license the re-broadcasting of central or local radio or television programs on the basis of approval of the Authority of Broadcasting and Electronic Information of the Ministry of Information and Communications.

b/ A dossier of request for extension of a license comprises:

A declaration of application for a license, made according to form 1d provided in Appendix 2 to this Circular.

c/ A dossier of request for modification of a license comprises:

- A declaration of application for a license, made according to form 1d provided in Appendix 2 to this Circular;

- Documents explaining to-be-modified contents (when so requested).

Article 15. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to wireless radio stations

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form le provided in Appendix 2 to this Circular;

b/ The provincial-level Information and Communications Department's written approval of the transmission of information by wireless radio station.

2. A dossier of request for extension of a license complies with Point a. Clause 1 of this Article.

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 16. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to microwave transmission lines

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form le provided in Appendix 2 to this Circular;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed.

2. A dossier of request for extension of a license comprises:

a/ A declaration specified at Point a. Clause 1 of this Article;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed (if there is a change in the granted license).

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 17. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to satellite earth stations (except the case specified in Article 18 of this Circular and satellite earth stations located on seagoing ships of the Global Maritime Distress and Safety System (GMDSS))

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form If provided in Appendix 2 to this Circular;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed (applicable to a satellite earth station of the licensed telecommunications network); or,

A notarized or certified copy of the satellite communication service use contract (applicable to independent satellite earth stations of users of satellite communication services of telecommunications enterprises licensed by the Ministry of Information and Communications); or,

A copy of the license for the provision of satellite radio or television transmission and broadcasting services (applicable to press agencies and providers of radio or television transmission and broadcasting services); or,

A copy of the establishment decision or

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

A certified copy of the document granted by a competent agency under regulations (applicable to institutions or enterprises that are licensed to carry out aviation or maritime safety assurance activities under regulations of the International Civil Aviation Organization (ICAO) or International Maritime Organization (IMO) and use regional or international satellites).

2. A dossier of request for extension of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ A copy of any of the papers specified at Point b, Clause 1 of this Article (if there is a change in the previous relevant paper).

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 18. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to radio stations of foreign representative missions, foreign high-ranking delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations

1. The grant of radio frequency and device use licenses applicable to satellite earth stations of foreign representative missions, foreign high-ranking delegations visiting Vietnam which are entitled to diplomatic privileges and immunities and foreign correspondents accompanying these delegations complies with Joint Circular No. 01/ 2006/TTLT-BBCVT-BNG-BCA of March 3, 2006, guiding the grant of satellite communication station use licenses (which are in this Circular referred to as satellite earth stations) to foreign representative missions, foreign delegations and foreign correspondents accompanying these delegations.

2. For radio stations (except satellite earth Stations) of foreign representative missions

a/ A dossier of application for a new license comprises:

- A declaration of application for a radio frequency and device use license, made according to the relevant form provided in Appendix 2 to this Circular;

- A copy of the license for establishing the relevant telecommunications network as prescribed;

- A written request of the Ministry of Foreign Affairs (for radio stations of diplomatic representative missions and consular offices).

b/ A dossier of request for extension of a license comprises:

- A declaration of application for a radio frequency and device use license, made according to the relevant form provided in Appendix 2 to this Circular;

- A copy of the license for establishing the relevant telecommunications network as prescribed (if there is a change in the granted license).

c/ A dossier of request for modification of a license comprises:

- A declaration of application for the license, made according to the relevant form provided in Appendix 2 to this Circular;

- Documents explaining the to-be-modified contents (when so requested).

3. For radio stations (except satellite earth stations) of foreign high-ranking delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations

a/ A dossier of application for a new license comprises:

- A declaration of application for a license, made according to form 1k provided in Appendix 2 to this Circular;

- A written request of the agency receiving the delegations.

b/ A dossier of request for extension of a license comprises:

A declaration of application for a license, made according to form 1k provided in Appendix 2 to this Circular.

c/ A dossier of request for modification of a license comprises:

- A declaration of application for a license, made according to form 1k provided in Appendix 2 to this Circular;

- Documents explaining the to-be-modified contents (when so requested).

Article 19. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to internal radio communication networks and dedicated telecommunications networks using frequencies of mobile services

1. A dossier of application for a new license comprises:

a/ A declaration of application for a radio frequency and device use license, made according to form lg provided in Appendix 2 to this Circular;

b/ A copy of the license for establishing the relevant dedicated telecommunications network as prescribed (not applicable to internal radio communication networks);

c/ A certified copy of the valid identity card or passport, for individual applicants.

2. A dossier of request for extension of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ A copy of the license for establishing the relevant dedicated telecommunications network as prescribed (if there is a change in the granted license).

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 20. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to ship stations (not applicable to satellite earth stations outside GMDSS)

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form lh provided in Appendix 2 to this Circular;

b/ A certified copy of the valid identity card or passport, for individual applicants.

2. A dossier of request for extension of a license complies with Point a, Clause 1 of this Article.

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 21. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to radio devices used for the introduction of technologies at exhibitions or fairs

1. A dossier of application for a new license comprises:

a/ A declaration of application for a license, made according to form 1k provided in Appendix 2 to this Circular;

b/ A copy of the permit for temporary import for re-export of radio devices, granted by the Ministry of Information and Communications.

2. A dossier of request for extension of a license complies with Point a, Clause 1 of this Article.

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 22. Dossiers of request for grant, extension or modification of radio frequency and device use licenses applicable to fixed stations coast stations (not communicating with satellites), separate devices and cases not specified in Articles 11 thru 21 of this Circular

1. A dossier of application for a new license comprises:

a/ A declaration of application for a radio frequency and device use license, made according to form 1a provided in Appendix 2 to this Circular;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed;

c/ A certified copy of the valid identity card or passport, for individual applicants.

2. A dossier of request for extension of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed (if there is a change in the granted license).

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 23. Time limit for grant of radio frequency and device use licenses

1. For dossiers of application for licenses for amateur radio stations, ship stations or radio stations located on fishing boats, the Radio Frequency Directorate shall grant, extend or modify licenses within 10 working days after receiving complete and valid dossiers.

For license application dossiers in other cases, the Radio Frequency Directorate shall grant, extend or modify licenses within 20 working days after receiving complete and valid dossiers.

2. In a special case in which a dossier of request for grant or modification of a radio frequency use license, sent by the same institution or individual within 20 working days, indicates a quantity of radio frequency to be assigned exceeding 100, the Radio Frequency Directorate shall, within 5 working days after receiving a complete and valid dossier, notify in writing the reason and projected time for handling the case (which must not exceed 6 months) to the applicant.

3. Within 5 working days after receiving an incomplete or invalid dossier, the Radio Frequency Directorate shall notify and guide in writing the applicant to supplement and complete the dossier.

4. If refusing to grant a license, the Radio Frequency Directorate shall issue a written notice clearly stating the reason to the applicant within the time limit specified in Clause 1 or 2 of this Article.

5. In case frequencies need to be changed because harmful interference cannot be handled, the time limit for licensing is 10 working days after obtaining a conclusion on handling of harmful interference.

Article 24. Agencies receiving dossiers and delivering licenses

Applicants for radio frequency and device use licenses shall submit dossiers and receive licenses at:

1. The Radio Frequency Directorate:

2. Regional radio frequency centers of the Radio Frequency Directorate; or,

3. Other coordinating agencies authorized by the Radio Frequency Directorate.

Section 2. GRANT, EXTENSION OR MODIFICATION OF FREQUENCY BAND USE LICENSES

Article 25. Dossiers of request for grant, extension or modification of frequency band use licenses

1. A dossier of application for a new license comprises:

a/ Institutions and enterprises that win auction or are selected to have the radio frequency use right are not required to submit dossiers of application for frequency band use licenses and may obtain these licenses after they are granted relevant telecommunications licenses.

b/ For institutions and enterprises eligible for direct licensing, a dossier comprises:

- A declaration of application for a frequency band use license, made according to form 2 provided in Appendix 2 to this Circular;

- A copy of the relevant telecommunications license as prescribed.

2. A dossier of request for extension of a license comprises:

a/ A declaration of application for a frequency band use license, made according to form 2 provided in Appendix 2 to this Circular;

b/ A copy of the relevant telecommunications license as prescribed (if there is a change in the previous license).

3- A dossier of request for modification of a license comprises:

a/ A declaration of application for a frequency band use license, made according to form 2 provided in Appendix 2 to this Circular;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 26. Time limit for grant of frequency band use licenses

1. The Radio Frequency Directorate shall grant, extend or modify frequency band use licenses as follows:

a/ In case of auction or examination for selection of those to have the radio frequency use right: A new license shall be granted within 20 working days after an enterprise wins auction or is selected to obtain a telecommunications license, while a license shall be extended or modified within 60 working days after the receipt of a complete and valid dossier.

This provision is not applicable in case relevant provisions are available in the Regulation on auction or selection examination.

b/ In case of direct licensing: A license shall be granted, extended or modified within 60 working days after the receipt of a complete and valid dossier.

2. Within 5 working days after receiving an incomplete or invalid dossier, the Radio Frequency Directorate shall notify and guide in writing the applicant to supplement and complete the dossier.

3. If refusing to grant a license, the Radio Frequency Directorate shall issue a written notice clearly stating the reason to the applicant within the time limit specified in Clause 1 of this Article.

Article 27. Agency receiving dossiers and delivering frequency band use licenses

The Radio Frequency Directorate shall receive dossiers and deliver frequency band use licenses.

Section 3. GRANT, EXTENSION OR MODIFICATION OF FREQUENCY AND SATELLITE ORBIT USE LICENSES

Article 28. Dossiers of request for grant, extension or modification of frequency and satellite orbit use licenses

1. A dossier of application for a new license comprises:

a/A declaration of application for a frequency and satellite orbit use license, made according to form 3 provided in Appendix 2 to this Circular;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed.

2. A dossier of request for extension of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ A copy of the license for establishing the relevant telecommunications network as prescribed (if there is a change in the previous license).

3. A dossier of request for modification of a license comprises:

a/ A declaration specified at Point a, Clause 1 of this Article;

b/ Documents explaining the to-be-modified contents (when so requested).

Article 29. Time limit for licensing

1. Within 45 working days after receiving a complete and valid dossier, the Radio Frequency Directorate shall appraise the dossier and grant, extend or modify a license.

2. Within 5 working days after receiving an incomplete or invalid dossier, the Radio Frequency Directorate shall notify and guide in writing the applicant to supplement and complete the dossier.

3. If refusing to grant a license, the Radio Frequency Directorate shall issue a written notice clearly stating the reason to the applicant within the time limit specified in Clause 1 of this Article.

Article 30. Agency receiving dossiers and delivering licenses

The Radio Frequency Directorate shall receive dossiers and deliver frequency and orbit satellite use licenses.

Section 4. REVOCATION OF RADIO FREQUENCY USE LICENSES

Article 31. Revocation of radio frequency use licenses

1. Revocation of radio frequency use licenses from violators of the law on radio frequency under Clause 1, Article 23 of the Law on Radio Frequency is specified as follows:

a/ For cases specified at Points a and b, Clause 1, Article 23 of the Law on Radio Frequency, radio frequency use licenses shall be revoked in pursuance to decisions of courts or competent state agencies.

b/ For cases specified at Points c, d and f, Clause 1, Article 23 of the Law on Radio Frequency, radio frequency use licenses shall be revoked in pursuance to inspectorates' conclusions or results of radio frequency examination or court decisions.

c/ For cases specified at Points e, Clause 1, Article 23 of the Law on Radio Frequency, a radio frequency use license shall be revoked if after 60 days from the date a competent agency sends a notice on charge and fee or other financial obligations, an institution or individual fails to fully pay the radio frequency charge and fee or to fulfill financial obligations.

2. Institutions and individuals must cease using radio frequency and devices under the Radio Frequency Directorate's decisions revoking radio frequency use licenses.

3. Lists of institutions and individuals with revoked radio frequency use licenses and reasons for such revocation shall be published on the Radio Frequency Directorate's website.

Chapter III

LEASE OR LENDING OF RADIO DEVICES

Article 32. Lease or lending of radio devices

1. Owners of seagoing ships, aircraft, river-going ships, fishing boats, amateur radio stations and other vehicles with radio devices (except satellite earth stations) may lease or tend their licensed radio devices to other institutions and individuals for operation.

2. Lessors/lenders and lessees/borrowers of radio devices shall abide by radio frequency and device use licenses, the law on radio frequency and other relevant laws. Their violations of the law on radio frequency shall be handled tinder regulations.

3. Lessors/lenders of radio devices shall:

a/ Ensure that lessees/borrowers of radio devices are outside the list of those with revoked radio frequency use licenses published under Clause 3, Article 31 of this Circular.

b/ Examine and keep during the" lease or lending period and after terminating such lease or lending the following dossiers and documents for 1 year:

- Certified copies of valid identity cards or passports of individual lessees/borrowers; or,

- Certified copies of establishment decisions or business registration certificates or investment certificates of institutional lessees/borrowers;

- Certified copies of radio operator certificates of lessees/borrowers;

- Contracts on lease or lending of radio devices.

Article 33. Conditions for entities to rent or borrow radio devices

1. Eligible to rent or borrow radio devices are Vietnamese institutions and citizens; foreign institutions lawfully operating in Vietnam; and foreigners using amateur radio stations.

2. Direct operators of radio devices in the maritime or aeronautical mobile service or amateur radios of lessees/borrowers have radio operator certificates.

3. Lessees/borrowers of radio devices are outside the lists of those with revoked radio frequency use licenses published under Clause 3, Article 31 of this Circular.

Article 34. Contracts on lease or lending of radio devices

1. In addition to complying with relevant laws, a contract on lease or lending of radio devices must contain:

a/ Name, address and telephone number of the lessee/borrower;

b/ Serial number of the radio frequency and device use license;

c/ Frequencies used and time of communication;

d/ Lease/lending duration;

e/ Date of handover of radio devices.

2. In case of any change in the radio frequency and device use license or in the details specified in Clause 1 of this Article, the contract shall be modified as appropriate.

3. Within 7 working days after a contract on lease/lending of radio devices is modified or cancelled, the lessor/lender shall notify in writing such modification or cancellation to the regional radio frequency center in the relevant locality.

Article 35. Procedures for lease or lending of radio devices

1. Lessors/lenders of radio devices shall make lease/lending dossiers, each comprising:

a/ A written notice of the lease/lending;

b/ Lease/lending contract.

2. At least 5 working days before handing radio devices to lessees/borrowers, lessors/lenders shall send lease/lending dossiers to regional radio frequency centers in localities.

3. Procedures for renting and borrowing amateur radio devices for communication in places other than those indicated in licenses and the relocation of amateur radio stations to other localities for operation comply with Point d, Clause 7, Article 21 of the Information and Communications Minister's Decision No. 18/2008/QD-BTTTT of April 4, 2008, promulgating the Regulation on amateur radio operations.

Chapter IV

SHARED USE OF RADIO FREQUENCY

Article 36. Cases subject to shared use of radio frequency

Users of radio frequency and devices in the following cases shall share the use of radio frequency with other institutions and individuals as stated in radio frequency and device use licenses:

1. Dedicated telecommunications networks using radio frequency of mobile services with an output power of 5w or less (not applicable to radio communication networks using radio frequency and devices related to safety of human life and internal radio communication networks);

2. Radio stations communicating with fishing boats;

3. Coast stations (not providing telecommuni­cations or public-utility services at sea).

Article 37. Operation on shared-used frequencies

1. Adhering to the principle that conversations only serve public duties and proper entities for the purposes indicated in licenses.

2. Making calls only when radio frequency channels are free without any users, unless such calls are related to emergency or safety of human life.

3. Using call signs indicated in radio frequency and device use licenses.

4. Ensuring the shortest communication duration with each conversation not exceeding 5 minutes.

Article 38. Process of operation on shared-used frequencies

1. Before transmitting, to carefully listen on frequencies to be transmitted to ensure that these frequencies are free.

2. To transmit call signs at the beginning and end of each call.

3. To shift to reserve frequencies (indicated in radio frequency use licenses) in cases main assigned frequencies are brooked with interference or being used by other institutions or individuals.

Article 39. Responsibilities of shared users of frequencies

1. To use codes or other technical measures to keep information confidentiality based on ciphers granted by the Radio Frequency Directorate (for institutions and individuals that wish to use codes).

2. To notify the Radio Frequency Directorate when detecting improper operation on shared-used frequencies.

3. To refrain from intentionally collecting and using information received from other radio stations that share the use of radio frequency.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 40. Effect

1. This Circular takes effect on December 15, 2010.

2. To annul the Information and Communications Minister's Circular No. 02/2008/TT-BTTTT of April 4, 2008, guiding the licensing of frequency bands.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Information and Communications for consideration and modification.-