Nghị định 88/2021/ND-CP

Decree No. 88/2021/ND-CP dated October 01, 2021 on fee for licensing use right of radio frequency and collection thereof, bidding, licensing, and transfer of use right of radio frequency

Nội dung toàn văn Decree 88/2021/ND-CP fee for licensing use right of radio frequency


GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 88/2021/ND-CP

Hanoi, October 01, 2021

 

DECREE

FEE FOR LICENSING USE RIGHT OF RADIO FREQUENCY AND COLLECTION THEREOF, BIDDING, LICENSING, AND TRANSFER OF USE RIGHT OF RADIO FREQUENCY

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on Radio Frequency dated November 23, 2009;

Pursuant to Law on Telecommunication dated November 23, 2009;

Pursuant to Law on Management Use of Public Property dated June 21, 2017; Pursuant to Law on Property Bidding dated November 17, 2016;

At request of Minister of Information and Communications;

The Government promulgates Decree on fee for licensing use right of radio frequency and collection thereof, bidding, licensing, and transfer of use right of radio frequency.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. Amount and methods of collecting fees for licensing use right of radio frequency for frequency band with high commercial value and use demands exceeding distribution capacity identified under planning for radio frequency decided to be put forth for bidding by the Prime Minister.

Amount of fees for licensing use right of radio frequency under this Decree applies to cases of bidding and extending validity of frequency band use license, and does not include fee for using radio frequency and fee for issuing frequency band use license.

2. Bidding, licensing, and transfer of use right of radio frequency only apply to frequency band with high commercial value and use demands exceeding distribution capacity identified under planning for radio frequency decided to be put forth for bidding by the Prime Minister.

Article 2. Regulated entities

This Decree applies to regulatory authorities, organizations, and individuals engaging in identifying fee, collecting fee, submitting fee for licensing use right of radio frequency, bidding, licensing, and transferring use right of radio frequency for frequency band.  

Chapter II

AMOUNT AND METHODS OF COLLECTING FEE FOR LICENSING USE RIGHT OF RADIO FREQUENCY

Article 3. Identify basic fee when using information on fee for licensing use right of radio frequency in Vietnam

1. In case Vietnam has determined fee for licensing use right of radio frequency of frequency band of the same type as the frequency band whose basic fee is to be determined under Clause 2 of this Article within 5 years prior to the date on which Decision of Minister of Information and Communications on identifying basic fee comes into force, basic fee shall be determined according to Clause 3 of this Article.

2. Frequency band of the same type as the frequency band whose basic type is to be determined (hereinafter referred to as “equivalent frequency band”) is the frequency band that is in the same frequency band planning under standardization of 3rd Generation Partnership Project (sharing the same operating band) as the frequency band whose basic fee is to be determined or the frequency band that shares similarities and duplex transmission methods with the frequency band whose basic fee is to be determined. 

3. Basic fee is determined as follows:

In which:

MTCSMHz refers to basic fee for a megahertz (MHz) in one year (12 months) licensed for use, unit: VND/MHz/year;

n refers to number of samples of equivalent frequency band whose fee for licensing use right of radio frequency has been collected within 5 years prior to the date on which Decision of Minister of Information and Communications on identifying basic fee comes into effect;

MTi refers to total fee for licensing use right of radio frequency of the equivalent frequency band corresponding to the ith sample (excluding other charges), unit: VND;

BTi refers to total width of the equivalent frequency band corresponding to the ith sample, unit: Megahertz (MHz);

GPi refers to effective period of license issued to the equivalent frequency band corresponding to the ith sample, unit: year;

Ci refers to the latest consumer price index for telecommunication and postal sectors relative to the date on which Decision of Minister of Information and Communications on identifying basic fee comes into force (hereinafter referred to as “time of identifying basic fee”) compared to the consumer price index applicable on the date on which Ministry of Information and Communications announces the fee to be paid by enterprises in writing corresponding to the ith sample, unit: percentage (%).  Consumer price index for telecommunication and postal sectors at any given time shall use values publicized by General Statistics Office of Vietnam.

Article 4. Identify basic fee when using information on winning bid for frequency band in countries and territories

1. In case Vietnam has not identified fee for licensing use right of radio frequency of equivalent frequency band within 5 years prior to the date on which basic fee is to be identified, basic fee shall be identified according to Clause 2 of this Article.

2. Basic fee is determined as follows:

In which:

MTCSMHz refers to basic fee for a megahertz (MHz) in one year (12 months) licensed for use, unit: VND/MHz/year;

n refers to number of selected samples prioritizing samples selected in countries or territories with the closest gross domestic per capita with Vietnam, n ≥3; collect only one sample from each country.  

DSvn refers to the latest Vietnamese population publicized prior to the date on which basic fee is determined, unit: people;  

TGvn refers to the latest central exchange rate of VND and USD publicized prior to the date on which basic fee is determined;

Ti refers to total winning bid of the equivalent frequency band of countries or territories corresponding to the ith sample, unit: (currency applied in the bidding in respective countries or territories);

BTi refers to total width of the equivalent frequency band corresponding to the ith sample, unit: Megahertz (MHz);

DSi refers to latest population of the countries or territories corresponding to the ith sample publicized prior to the date on which bidding results are publicized, unit: people;

GPi refers to effective period of license issued to the equivalent frequency band corresponding to the ith sample, unit: year;

CPI_Ti refers to the latest consumer price index (CPI) of countries or territories corresponding to the ith sample publicized prior to the date on which basic is determined;

CPI_Di refers to the latest consumer price index (CPI) of countries or territories corresponding to the ith sample publicized prior to the date on which bidding results are declared;

GDPVN refers to the latest gross domestic product per capita (GDP/capita) of Vietnam publicized prior to the date on which basic fee is to be determined, unit: USD;

GDPi refers to the latest gross domestic product per capita (GDP/capita) of countries or territories corresponding to the ith sample publicized prior to the date on which bidding results are declared, unit: USD;

TGi refers to the latest exchange rate from currency of the countries or territories corresponding to the ith sample to USD publicized prior to the date on which basic fee is determined (TGi =1 if currency used in the bidding is USD)

3. Countries or territories shall be selected for sampling in a manner that satisfies all following requirements simultaneously:

a) Countries or territories must hold bidding for the equivalent frequency band within 5 years prior to the date on which basic fee is to be determined; in case of failure to guarantee 3 samples within 5 years, expand the sampling window to 7 years and later 10 years;  

b) Frequency band that wins the bidding must be permitted for use for at least 10 years;

c) The bidding for use right of frequency band must take place on a nationwide scale; samples from countries or territories selected via regional bidding must not be used.

4. Requirements for figure collection

a) Figures on winning bid amount, bandwidth, and use period of frequency band of countries or territories shall be gathered from sources publicized by regulatory authorities of said countries or territories;

b) Figures regarding population, gross domestic product per capital (GDP/capita) of countries or territories and Vietnam shall be collected from official website of the World Bank. Case figures of countries or territories are not available on database of World Bank, collect figures from regulatory authorities of said countries or territories;

c) Figures regarding exchange rate of currency of countries or territories shall be gathered on x-rates.com. In case the website x-rates.com does not provide figures, consult website specialized in providing exchange rate. Figures on central exchange rate of VND and USD shall be collected from website of the State Bank of Vietnam;

dd) Figures regarding CPI in countries or territories shall be gathered from website of International Monetary Fund (IMF) based on CPI communication figures, in case CPI communication figures are not available, collect CPI all items. Case figures of countries or territories are not available on database of IMF, collect figures from regulatory authorities of said countries or territories.

Article 5. Procedures for deciding basic fee

1. Minister of Information and Communications shall issue decisions on identifying basic fee; organize identification of basic fee according to Article 3 and Article 4 hereof and results identified by organizations eligible for appraising prices; and send to Ministry of Finance together with documents presenting methods of identifying basic fee.

2. Within 15 days from the date on which written request of Ministry of Information and Communications is received, Ministry of Finance shall issue written remarks regarding basic fee.

3. Minister of Information and Communications shall decide on basic fee after receiving remarks of Ministry of Finance.

Article 6. Fee for licensing use right of radio frequency

1. Fee for licensing use right of radio frequency (hereinafter referred to as “fee”) when extending use license of radio frequency shall be determined as follows:

In which:

MTth refers to fee for licensing use right of radio frequency for the extended period of use license of the radio frequency, unit: VND;

MTCSMHz refers to basic fee of radio frequency whose use license is extended and is identified according to Article 3, Article 4, and Article 5 hereof;

Bw refers to width of frequency band whose use license is extended, unit: Megahertz (MHz);

T refers to the extended period of use license of frequency band, unit: month.

2. In case frequency band is granted via bidding for use right of radio frequency, the fee shall equal the winning bid.

Article 7. Method for collecting fee for licensing use right of radio frequency

1. Ministry of Information and Communications shall organize collecting fee for licensing use right of radio frequency and submit to state budget.

2. In case of extending use license, at least 6 months prior to expiry date of the use license, Ministry of Information and Communications shall issue written notice on fee for licensing use right of radio frequency to be submitted, deadline for submission, and methods of submitting to allow enterprises to acknowledge in advance as per the law. At least 60 days prior to expiry date of the license, enterprises must submit all fee for licensing use right of radio frequency for the extended period at once.

3. For cases of bidding for use right of radio frequency, Ministry of Information and Communications shall issue written notice on fee to be submitted, deadline for submission, and methods of submission to allow enterprises to submit fee for licensing use right of radio frequency. Within 4 months from the date on which the notice is issued, enterprises must submit all fee for licensing use right of radio frequency at once, except for cases under Clause 4 of this Article.

4. In case of bidding for frequency band for developing and applying technology that effectively utilizes radio frequency prioritized and encouraged according to decisions of Prime Minister on the basis of propositions of Minister of Information and Communications, enterprises must submit fee for licensing use right of radio frequency as follows:

a) Within 3 months from the date on which notice is issued, enterprises must submit 50% of the fee for licensing use right of radio frequency at once and submit commitment of security of credit institutions and branches of foreign banks established according to regulations and law of Vietnam for the unpaid fee for guarantee compliance with Point b and Point c of this Clause;

b) Within 18 months from the date on which written notice is issued, enterprises must submit another 25% of the fee for licensing use right of radio frequency at once;

c) Within 36 months from the date on which written notice is issued, enterprises must submit the remaining 25% of the fee for licensing use right of radio frequency at once.

5. Enterprises that fail to submit fee for licensing use right of radio frequency under Clause 2, Clause 3, and Point a Clause 4 of this Article adequately shall not be issued with use license for radio frequency. For enterprises that win the bidding, Minister of Information and Communications shall annul Decision approving bidding results.

Chapter III

BIDDING AND LICENSING USE RIGHT OF RADIO FREQUENCY

Article 8. Radio frequency eligible for bidding and extension of use license thereof

1. Minister of Information and Communications shall request Prime Minister to consider and issue decision on bidding for use right of radio frequency for frequency band with high commercial value and use demands exceeding distributing capacity identified under radio frequency planning, including:

a) Frequency band issued with use license for the first time;

b) Frequency band that has been issued with use license.

2. Use license of frequency band under Point b Clause 1 of this Article shall only be issued via bidding when the previous use license expires, including when the extended period expires (if any) according to Clause 1 Article 22 of Law on Radio Frequency. 

3. For frequency band under Point b Clause 1 of this Article, enterprises may be considered for extension of use license of frequency band after they have adequately submitted fee for licensing use right of radio frequency.  Fee shall conform to Clause 1 Article 6 hereof. Methods of collecting fee shall conform to Clause 2 Article 7 hereof.

Article 9. Organize bidding

1. Bidding shall be implemented according to regulations and law on property bidding and this Decree.

2. Minister of Information and Communications shall approve Bidding organization solutions and organize bidding. Bidding organization solutions consist of:

a) Eligibility for participating in the bidding;

b) Information on frequency band for bidding and frequency blocks for bidding;

c) Starting bid, bid increments, and deposit;

d) Methods and form of bidding organization;

dd) Resolving bidding scenarios (if any);

e) Other relevant details.

Bidding organization solutions must be publicized on website of Ministry of Information and Communications within 5 working days from the date on which approval is made.

3. In case an enterprise wins bid for multiple frequency blocks, the enterprise shall be licensed for adjacent frequency blocks according to bidding regulations.

4. Dealing with cases where only one enterprise registers for bidding, one enterprise participates in the bidding, or one enterprise makes the bid

a) In case of bidding for frequency blocks after unsuccessful bidding, during the re-bidding session, if the bidding registration period expires with only one enterprise registers for bidding, multiple enterprises register for bidding and only one enterprise participates in the bidding, multiple enterprises register for bidding and only one enterprise makes the bid, or multiple enterprises make the bid and only one enterprise makes the highest bid that at least equals the starting bid, frequency block shall be sold to the enterprise.   Selling of frequency block for enterprises under this Clause must be prescribed under Bidding organization solutions approved by Ministry of Information and Communications;

b) Property bidding for cases under Point a of this Clause shall only be conducted once all procedures for property bidding have been fulfilled according to Law on Property Bidding, documents elaborating to Law on Property Bidding, and this Decree and no complaints regarding the procedures have been made until the date of bidding;

c) Within 3 working days from the date on which the bidding under Point a of this Clause concludes, property bidding organizations or property bidding council shall send reports on bidding procedures and bidding records to Ministry of Information and Communications.  Bidding record mentioned above must include the fact that only one enterprise registers for bidding or multiple enterprises register for bidding and only one enterprise participates in the bidding or multiple enterprises participate in the bidding and only one enterprise makes the bid or multiple enterprises make the bid and only one enterprise makes the highest bid that at least equals the starting price in addition to details required by regulations and law on bidding;

d) Approval and declaration of bidding results must conform to Article 15 hereof.

Article 10. Starting price

1. Starting price of frequency block is determined as follows:

In which:

GKĐ refers to starting price, unit: VND;

MTCSMHz­ refers to basic fee determined according to Article 3, Article 4, and Article 5 hereof;

Bw refers to width of frequency block whose starting price is to be determined, unit: Megahertz (MHz). In case starting price of one MHz must be determined, Bw = 1 MHz.

T refers to the time in which frequency band is allowed to be used, unit: year.

2. In case re-bidding for frequency block is organized after unsuccessful bidding while winning bid of the equivalent frequency block is available, starting price is determined as follows:

In which:

GKĐ refers to starting price, unit: VND;

Bw refers to width of frequency block whose starting price is to be determined, unit: Megahertz (MHz). In case starting price of one MHz must be determined, Bw = 1 MHz.

T refers to the time in which frequency band is allowed to be used, unit: year.

GTCN refers to the highest winning bid of equivalent frequency band calculated based on 1 MHz for 1 year of use, unit: VND/MHz/year.

Article 11. Eligibility for participating in the bidding

1. An enterprise participating in the bidding must:

a) satisfy eligibility to be issued with license for establishing telecommunication network; and

b) satisfy requirements of the bidding.

2. Eligibility to be issued with license for establishing telecommunication network includes:  

a) Eligibility to be issued with license for establishing public telecommunication network utilizing frequency band granted via bidding according to regulations and law on telecommunication;

b) Compliance with regulations and law on telecommunications for ownership in provision of telecommunication services, form, requirements, and contribution of foreign investors.

3. Requirements of the bidding:

a) Complete previous financial obligations with the Government regarding telecommunications and radio frequency (if any);

b) Requirements for implementing telecommunication network include:

Number of radio stations to be implemented within 2 years from the date on which license is issued to the date on which the license expires;

Official date of service provision;

Signal coverage when developing telecommunication network (yearly commitment until the date on which the license expires for population density or commune administrative division);

Minimum requirements for telecommunication services;

Commitment for transferring regions of terrestrial mobile telecommunication services for networks in rural communes, remote communes, poor communes, and areas provided with utility telecommunication services and provinces, cities according to criteria publicized by Minister of Information and Communications. 

4. Minister of Information and Communications shall elaborate on requirements for implementing telecommunication networks for each bidding session.

Article 12. Appraisal for eligibility for participating in bidding

1. Within 55 days from the date on which Ministry of Information and Telecommunications publicizes Bidding organization solutions, enterprises must submit application for appraisal of eligibility for participating in bidding to Ministry of Information and Telecommunications (Telecommunication Agency):  In person, via postal service, or online via National public service portal.

In case enterprises fail to submit application adequately, Ministry of Information and Telecommunications (Telecommunication Agency) shall issue notice on rejection.

2. For enterprises licensed for providing telecommunication services, applications consist of:

a) Applications for revision to license for establishing public telecommunication networks, license for providing telecommunication services utilizing frequency band due to changes to use demand of licensed telecommunication resources including:

Application for revision to license for providing telecommunication services according to regulations and law on telecommunication;

Reports on implementation of the license from the date on which the license is issued until the date on which application for revision of the license is submitted according to regulations and law on telecommunication;

Revised business plans and technical plans suitable with revised telecommunication resources according to regulations and law on telecommunication.  

b) Commitment for implementing telecommunication networks after winning bid according to Point b Clause 3 Article 11 hereof.

3. For enterprises that are not prescribed under Clause 2 of this Article, application consists of:

a) Application for issuance of license of establishing public telecommunication network and license for providing telecommunication services utilizing frequency band according to regulations and law on telecommunication;

b) Commitment for implementing telecommunication networks after winning bid according to Point b Clause 3 Article 11 hereof.

4. Business plans and technical plans under application developed by enterprises on the basis of starting prices of frequency block put up for bidding must satisfy minimum economic and technical requirements of enterprises, requirements for implementing telecommunication networks and satisfy investment commitment according to regulations and law on telecommunication to guarantee feasibility when implementing realistically.  

5. Issuance of confirmation for eligibility for participating in bidding implemented simultaneously with issuance of license for providing telecommunication services shall be implemented according to Clause 2 and Clause 3 Article11 hereof and requirements for licensing related to application for issuance of license for providing telecommunication services of enterprises.  

6. Upon winning bid for frequency, enterprises under cases under Clause 2 of this Article shall be issued with revised license with effective period conforming to regulations and law on telecommunication.  Enterprises shall be issued with new license for providing telecommunication services after the previous license expires in case of establishing public telecommunication networks, providing telecommunication services corresponding to the frequency block in bidding in a manner that guarantees legitimacy of provision of telecommunication services utilizing frequency block in bidding and implementation of commitment for implementing telecommunication networks after winning the bid.  Procedures for issuing new license for providing telecommunication services shall conform to regulations and law on telecommunication with respect to application for new issuance of license for providing telecommunication services together with documents approving results of the winning bid of provided frequency.

7. Deadline and procedures for processing application

a) Within 1 working day from the date on which application is received, Ministry of Information and Communications (Telecommunication Agency) shall inform applicants in case of inadequate applications.  Within 4 days from the date on which notice is received, applicants must revise and submit adequate applications as per the law;

b) Within 15 days from the date on which adequate applications are received, Ministry of Information and Communications shall consider and issue written verification for eligibility for participating in bidding using form under Annex attached hereto;

c) In case of inadequate applications according to Clause 2 and Clause 3 Article 11 hereof, Ministry of Information and Communications shall issue written rejection and reasons.

Article 13. Bidding documents

Bidding documents consist of:

1. Application for bidding.

2. Quantity of frequency block or width of frequency block registered for purchase.

3. Master register or verified true copies or copies and master registers of verification of eligibility for bidding.

Article 14. Disposal of deposit

Deposit of enterprises that fail to submit fee for licensing use right of radio frequency under Clause 3 and Point a Clause 4 Article 7 hereof shall not be reimbursed and shall be transferred to state budget.

Article 15. Approval and publication of bidding results

1. Within 15 days from the date on which bidding records are received, Minister of Information and Communications shall issue Decision approving bidding results and publicize on their website.

2. Decision approving bidding results consist of information on enterprises winning the bid, the frequency block for bidding, duration of use, winning bid, and clauses requiring enterprises to submit fee for licensing use right of radio frequency adequately in order to be licensed for use of frequency band and license for providing telecommunication services.

Article 16. License for using frequency band and license for providing telecommunication services

1. Within 3 working days from the date on which enterprises submit fee for licensing use right of radio frequency according to Clause 3 and Point a Clause 4 Article 7 hereof and security for implementation of license for providing telecommunication services as per the law, enterprises shall be issued with license for using frequency band and license for providing telecommunication services.

2. Responsibilities of enterprises regarding implementation of commitment for implementing public telecommunication network are elaborated under license for providing telecommunication services and license for using frequency band.

Article 17. Revocation of license for using frequency band and dealing with violations to the commitment

1. Enterprises shall have their license for using frequency band revoked for cases under Law on Radio Frequency.

2. Enterprises that violate the commitment for implementing public telecommunication network specified under license for providing telecommunication network and license for using frequency band shall have their license for using frequency band revoked in addition to administrative penalties as per the law if the enterprises fail to implement adequate number of radio stations as per the commitment they have previously made within 2 years.

Chapter IV

TRANSFER OF USE RIGHT OF RADIO FREQUENCY

Article 18. Eligibility for transfer

1. Enterprises licensed for using frequency band via bidding, including cases under Clause 4 Article 9 hereof are allowed to transfer use right of radio frequency after 5 years from the date on which they are licensed.

Enterprises are only allowed to transfer once they have fulfilled responsibilities under Article 20 hereof.

2. Recipients of the transfer must satisfy the following eligibility:

a) satisfy requirements under Clause 2 Article 11 hereof;

b) satisfy regulations on maximum number frequency spectrum allowed as per the law.

3. Transfer of use right of radio frequency must include all:

a) Frequency band won in the bidding;

b) Rights and responsibilities for implementing license for providing telecommunication services;

c) Responsibilities for implementing investment commitment for establishing telecommunication network as per the law;

d) Responsibilities and obligations for securing implementation of legal rights and benefits of relevant organizations and individuals utilizing services.

Article 19. Transfer procedures

1. Enterprises requesting to receive transfer of use right of radio frequency must submit 1 application using form prescribed by Ministry of Information and Communications to Ministry of Information and Communications (Telecommunication Agency): In person, via postal service, or online via National public service portal.

2. In case enterprises that have been issued with license for providing telecommunication services utilizing frequency band apply for receiving transfer, applications consist of :

a) Transfer application bearing seals and signature of legal representatives of enterprises applying for transfer;

b) Written agreement between transferring applicants and transferee enterprises regarding assurance of legal right and benefit of organizations and individuals affected by the transfer;

c) Documents of transferee enterprises proving satisfaction of regulations on maximum number of frequency spectrum as per the law where each enterprise is allowed to use after receiving transferred frequency band;

d) Reports on implementation of provided license for providing telecommunication services and implementation of telecommunication services after winning the bidding of enterprises applying for transfer;

dd) Application for revision of license for providing telecommunication services utilizing frequency band of enterprises applying for receiving transfer;

e) Application for revision of license for providing telecommunication services or application for revoking license for providing telecommunication services of enterprises applying for transfer;

g) Commitment for compliance with Points b, c, and d Clause 3 Article 18 hereof of enterprises applying for receiving transfer.

3. For enterprises applying for receiving transfer that are not specified under Clause 2 of this Article, applications consist of:

a) Transfer application bearing seals and signature of legal representatives of enterprises applying for transfer;

b) Written agreement between transferring applicants and transferee enterprises regarding assurance of legal right and benefit of organizations and individuals affected by the transfer;

c) Application for license for providing telecommunication services utilizing frequency band of enterprises applying for receiving transfer;

d) Reports on implementation of provided license for providing telecommunication services and implementation of telecommunication services after winning the bidding of enterprises applying for transfer;

dd) Application for revision of license for providing telecommunication services or application for revoking license for providing telecommunication services of enterprises applying for transfer;

e) Commitment for compliance with Points b, c, and d Clause 3 Article 18 hereof of enterprises applying for receiving transfer.

4. Deadline and procedures for processing application

a) Within 5 working days from the date on which application is received, Ministry of Information and Communications (Telecommunication Agency) shall inform applicants in case of inadequate applications;

b) Within 45 days from the date on which adequate applications are received, Ministry of Information and Communications shall consider and decide to allow transfer of use right of radio frequency;

c) In case of rejecting the transfer, Ministry of Information and Communications shall issue written notice and reason.

5. Enterprises allowed to transfer use right of radio frequency shall be issued with revised license for providing telecommunication services or have their license for providing telecommunication services revoked; enterprises allowed to receive the transfer of use right of radio frequency shall be issued with license for providing telecommunication services or revise license for providing telecommunication services according to regulations and law on telecommunication.

Issuance of license for using frequency band for enterprises applying for receiving transfer shall conform to regulations and law on radio frequency.

6. License for providing telecommunication services and license for using transferred frequency band issued for enterprises applying for receiving transfer shall be effective until the expiry date of license for providing telecommunication services and license for using frequency band issued for enterprises applying for transfer.

Article 20. Responsibilities of enterprises applying for transfer

Enterprises applying for transferring use right of radio frequency are responsible for:

1. Guaranteeing legal rights and benefits of enterprises, organizations and individuals affected by the transfer.

2. Fulfilling financial obligations relating to transfer of use right of radio frequency as per the law.

3. Fulfill financial obligations regarding fee for licensing use right of radio frequency, fee for licensing use of radio frequency, and fee for using radio frequency.

Article 21. Responsibilities of enterprises applying for receiving the transfer

Enterprises applying for receiving the transfer of use right of radio frequency are responsible for:

1. Exercising transferred rights and responsibilities and refraining from transferring the transferred use right of radio frequency to other enterprises.

2. Fulfilling financial obligations relating to transfer of use right of radio frequency as per the law.

3. Complying with regulations and law on telecommunication and radio frequency.

4. Submitting licensing fees and charges adequately according to regulations and law on telecommunication and radio frequency.

Chapter V

IMPLEMENTATION

Article 22. Entry into force

1. This Decree comes into force from the day of signing.

2. Decision No. 16/2012/QD-TTg dated March 8,. 2012 of Prime Minister on bidding and transfer of use right of radio frequency expires from the effective date hereof.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree./.

 

 

PP. GOVERNMENT
ACTING PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam

 

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