02:48 | 11/09/2023

What is the application for certification of eligibility to participate in auction submitted by an organization that has been issued with a license to provide telecommunications services in Vietnam?

What is the application for certification of eligibility to participate in auction submitted by an organization that has been issued with a license to provide telecommunications services in Vietnam? P.T - Hanoi

What are the conditions for participating in the auction in Vietnam?

Pursuant to the provisions of Clause 2, Article 19 of Decree 63/2023/ND-CP stipulating the conditions for participating in the auction as follows:

Verification of eligibility to participate in auction
......
2. To establish its eligibility, an organization must:
a) meet the requirements laid down in Points a and c Clause 1 Article 18a of the Law on Radio Frequencies as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies;
b) meet the following requirements for obtaining a license to establish telecommunications network using the frequency bands licensed through auction:
b1) meet the requirements for issuance or revision of license to establish telecommunications network in accordance with regulations of law on telecommunications;
b2) have a business plan and technical plan to use the frequency bands licensed through auction which must cover all telecommunications activities indicated in the license to provide telecommunications services and be conformable with the commitment to run telecommunications network using the frequency bands licensed through auction;
b3) have a commitment to fulfill conditions for running telecommunications network using the frequency bands licensed through auction.

According to the above regulations, the conditions for participating in the spectrum auction are as follows:

- Must meet the following conditions:

+ Use radio frequencies and equipment for radio purposes and services not prohibited by law;

+ Have a feasible plan to use radio frequencies, consistent with the radio frequency planning, or have a feasible plan to use radio frequencies for special cases where radio frequencies are allowed to be used. Power lines outside radio frequency planning include those used for exhibition, measurement, research, and testing of new technologies; Used in international events and international conferences.

+ Have radio equipment that complies with technical regulations on radio emission, radio radiation safety and electromagnetic compatibility;

+ Commit to implementing legal regulations on ensuring information safety and security; Check and resolve harmful interference and radio radiation safety

- Completed financial obligations regarding telecommunications and radio frequencies according to the provisions of law

- Conditions to be granted a license to establish a telecommunications network using the licensed frequency band through auction are as follows:

+ Meet the conditions for granting, granting new or amending and supplementing a license to establish a telecommunications network according to the provisions of telecommunications law;

+ Business plan, technical plan for using the licensed frequency band through auction, general construction for telecommunications service business activities in the telecommunications service business license and in accordance with commitment requirements Deploying telecommunications networks of licensed frequency bands through auction;

+ Commit to meeting conditions for deploying telecommunications networks for licensed frequency bands through auction.

What is the application for certification of eligibility to participate in auction submitted by an organization that has been issued with a license to provide telecommunications services in Vietnam? (Image from the Internet)

What is the application for certification of eligibility to participate in auction submitted by an organization that has been issued with a license to provide telecommunications services in Vietnam?

Pursuant to the provisions of Clause 4, Article 19 of Decree 63/2023/ND-CP stipulating an application for certification of eligibility to participate in auction submitted by an organization that has been issued with a license to provide telecommunications services includes:

- An application form made using Form 01 in Appendix V enclosed with Decree 63/2023/ND-CP;

- An application for issuance of license to provide telecommunications services using the frequency bands licensed through auction in accordance with regulations of law on telecommunications; or application for revision of license to establish public telecommunications network or license to provide telecommunications services using frequency bands due to changes in demand for use of licensed telecommunications resources, including:

+ An application form for revision of license to provide telecommunications services as prescribed by law on telecommunications;

+ A report on performance of licensed activities from the licensing date to the date of submission of application for revision of the license as prescribed by law on telecommunications;

+ Business plan and technical plan which must be appropriate for changes in telecommunications resources in accordance with regulations of law on telecommunications;

- A commitment to run telecommunications network after winning the auction which is made using the relevant form in Appendix IV enclosed herewith;

- A commitment that, if winning the auction, the bid is appropriate for the business plan and technical plan which are qualified for issuance or revision of license to provide telecommunications services using the frequency bands licensed through auction in accordance with regulations of law on telecommunications, which is made using Form 02 in Appendix V enclosed herewith;

- A commitment to meet the requirements laid down in Point a Clause 1 Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies.

What is the application for certification of eligibility to participate in auction submitted by an organization that has not been issued with a license to provide telecommunications services in Vietnam?

Pursuant to the provisions of Clause 5, Article 19 of Decree 63/2023/ND-CP regulating an application for certification of eligibility to participate in auction submitted by an organization that has not been issued with a license to provide telecommunications services includes:

- An application form made using Form 01 in Appendix V enclosed with Decree 63/2023/ND-CP;

- An application for issuance of license to establish public telecommunications network or license to provide telecommunications services using frequency bands in accordance with regulations of law on telecommunications;

- A commitment to run telecommunications network after winning the auction which is made using the relevant form in Appendix IV enclosed with Decree 63/2023/ND-CP;

- A commitment that, if winning the auction, the bid is appropriate for the business plan and technical plan which are qualified for issuance or revision of license to provide telecommunications services using the frequency bands licensed through auction in accordance with regulations of law on telecommunications, which is made using Form 02 in Appendix V enclosed with Decree 63/2023/ND-CP;

- A commitment to meet the requirements laid down in Point a Clause 1 Article 18a of the Law on Radio Frequencies, as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies.

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