What is the application for transfer of the right to use radio frequencies in Vietnam? What are the procedures?
What are the procedures for transfer of the right to use radio frequencies in Vietnam?
Pursuant to the provisions of Article 45 of Decree 63/2023/ND-CP stipulating procedures for transferring the right to use radio frequencies are carried out as follows:
Step 1: The organization requesting to transfer the right to use radio frequencies must send 01 set of transfer documents to the Ministry of Information and Communications (Department of Telecommunications)
Through one of the following methods: online public service system or by post or directly.
Step 2: Processing documents
- In case of an invalid application, within 05 working days from the receipt of the application, the MIC (Vietnam Telecommunications Authority) shall request the applicant to modify its application;
- Within 45 days from its receipt of a valid application, the MIC shall consider issuing a decision to approve the transfer of right to use radio frequencies or give reasons for its refusal to do so.
Step 3: Issue telecommunications license after transfer
Organizations permitted to transfer the right to use radio frequencies are granted a telecommunications service business license to amend, supplement or revoke the telecommunications service business license; The organization receiving the transfer of the right to use the radio frequency shall be granted a telecommunications service business license or amend and supplement the telecommunications service business license in accordance with the provisions of telecommunications law.
What is the application for transfer of the right to use radio frequencies in Vietnam? What are the procedures? (Image from the Internet)
What is the application for transfer of the right to use radio frequencies in Vietnam?
Pursuant to the provisions of Clause 2 and Clause 3, Article 45 of Decree 63/2023/ND-CP stipulating documents for transfer of radio frequency use include:
(1) An application for approval to receive transfer submitted by an organization that has been issued with a license to provide telecommunications services using frequency bands includes:
- An application form bearing the seal and signature of the transferor’s legal representative;
- The written agreement between the transferor and the transferee on ensuring legitimate rights and interests of organizations and individuals that may be affected by this transfer;
- The transferee’s commitment to inherit all obligations from the transferor;
- Reports on the transferor’s provision of licensed telecommunications services and fulfillment of commitment to run telecommunications services after winning the auction;
- An application for revision of license to provide telecommunications services using frequency bands of the transferee;
- An application for revision of license to provide telecommunications services or written request for revocation of license to provide telecommunications services of the transferor.
(2) An application for approval to receive transfer submitted by an organization other than that specified in (2) includes:
- An application form bearing the seal and signature of the transferor’s legal representative;
- The written agreement between the transferor and the transferee on ensuring legitimate rights and interests of organizations and individuals that may be affected by this transfer;
- The transferee’s commitment to inherit all obligations from the transferor;
- An application for issuance of license to provide telecommunications services using frequency bands of the transferee as prescribed by law on telecommunications;
- Reports on the transferor’s provision of licensed telecommunications services and fulfillment of commitment to run telecommunications services after winning the auction;
- An application for revision of license to provide telecommunications services or written request for revocation of license to provide telecommunications services of the transferor as prescribed by law on telecommunications.
What are the procedures for issuance of license to use frequency bands after transfer in Vietnam?
Pursuant to the provisions of Clause 6, Article 45 of Decree 63/2023/ND-CP regulating procedures for issuance of license to use frequency bands after transfer:
Step 1: An application for issuance of license to use frequency bands shall be submitted to the licensing authority.
Step 2: The licensing authority shall receive and check the validity of the application. If the application fails to contain adequate and valid documents as required, within 05 working days from the receipt of the application, the licensing authority shall notify and request the applicant to complete its application.
Step 3: Within 05 working days from the receipt of an adequate and valid application, the licensing authority shall issue a license to use frequency bands using the relevant form in Appendix III enclosed herewith or give reasons for its refusal to issue the license.
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