Vietnam: Do the radio frequencies and equipment have to be used with permission? What are the conditions to be granted licenses to use radio frequencies?
What are the methods for issuance of licenses to use radio frequencies in Vietnam?
Pursuant to Article 18 of the Law on Radio Frequencies 2009 (amended and supplemented by Clause 6, Article 1 of the Law on Amendments to some Articles of the Law on Radio Frequencies 2022) provides for this content as follows:
Methods for issuance of licenses to use radio frequencies
1. Methods for issuance of licenses to use radio frequencies include:
a) Issuing licenses by the auction of rights to use radio frequencies which is conducted on the basis of evaluation of bid packages according to evaluation criteria such as the bidder's investment capacity, professional competence and business capacity for guaranteeing the fulfillment of commitment to run telecommunication network, and the offered bids.;
b) Issuing licenses through the examination for enjoyment of the rights to use radio frequencies which is carried out on the basis of evaluation of the examination dossier according to evaluation criteria such as the organization’s investment capacity, professional competence and business capacity for guaranteeing the fulfillment of commitment to run telecommunication network;
c) Issuing licenses in person to use radio frequencies by way of considering the licensing application on a first-come-first-served basis provided the application is satisfactory.
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Accordingly, at present, methods for issuance of licenses to use radio frequencies include:
- Issuing licenses by the auction of rights to use radio frequencies which is conducted on the basis of evaluation of bid packages according to evaluation criteria such as the bidder's investment capacity, professional competence and business capacity for guaranteeing the fulfillment of commitment to run telecommunication network, and the offered bids.;
- Issuing licenses through the examination for enjoyment of the rights to use radio frequencies which is carried out on the basis of evaluation of the examination dossier according to evaluation criteria such as the organization’s investment capacity, professional competence and business capacity for guaranteeing the fulfillment of commitment to run telecommunication network;
- Issuing licenses in person to use radio frequencies by way of considering the licensing application on a first-come-first-served basis provided the application is satisfactory.
Do the radio frequencies and equipment have to be used with permission? What are the conditions to be granted licenses to use radio frequencies in Vietnam?
What are the conditions to be granted licenses to use radio frequencies in Vietnam?
According to the provisions of Clause 2, Article 19 of the Law on Radio Frequencies 2009 (amended and supplemented by Clause 7 Article 1 of the Law on Amendments to some Articles of the Law on Radio Frequencies 2022), the conditions on licensees:
- Use a radio frequency and equipment for purposes and radiocommunication services not banned by law;
- Obtain a telecommunications license under the law on telecommunications for organizations applying for a license to use radio frequencies to establish a telecommunications network;
- Obtain a news agency permit or reserve the right to broadcast radio or television programs under law;
- Have a feasible plan for use of radio frequencies conforming to the radio frequency planning or have a feasible plan for use of radio frequencies regarding the special case specified in clause 1 Article 11a of this Law;
- Have radio equipment conformable with technical regulations on radio emission, radio radiation safety and electromagnetic compatibility;
- Have committed to comply with regulations on assurance of information safety and security; inspect and handle harmful interference and assure radio radiation safety;
- Possess a radio operator certificate, for those falling in the case specified in Clause 1. Article 32 of this Law.
Do the radio frequencies and equipment in Vietnam have to be used with permission?
According to the provisions of Article 33 of the Law on Radio Frequencies 2009, radio frequencies and equipment could be used in following cases of emergency:
- In a case of emergency in which human life and assets are threatened, organizations and individuals may temporarily use radio frequencies and equipment for which licenses have not been granted to make emergency calls and shall notify such to the specialized management agency in charge of radio frequencies.
- Organizations and individuals may also use radio stations to transmit SOS information or signals to attract attention on radio frequencies not exclusively reserved for SOS calls.
- Upon receiving SOS information or signals, organizations and individuals using radio stations shall keep listening to them on radio frequencies on which SOS calls are transmitted, respond and promptly render all necessary assistance, and at the same time notify the search and rescue agency thereof.
The Law on Amendments to some Articles of the Law on Radio Frequencies 2022 takes effect from July 1, 2023.
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