Vietnam: What are the procedures for issuing radio frequency use licenses? What are the penalties for committing violations against regulations on using radio frequencies and equipment?
What are the regulations on radio frequency use licenses in Vietnam?
Pursuant to Article 16 of the Law on Radio Frequencies 2009 as follows:
Radio frequency use licenses
1. Organizations and individuals that wish to use radio frequencies and equipment shall obtain relevant radio frequency use licenses, except in the cases specified in Article 27 of this Law.
Radio frequency use licenses include radio frequency and equipment use license, frequency band use license and frequency and satellite orbit use license.
Referring to Article 27 of the 2009 Law on Radio Frequencies on the exemption from radio frequency use licenses as follows:
Exemption from radio frequency use licenses
1. Radio equipment exempt from radio frequency use licenses includes:
a/ Short-range radio equipment of a limited output and unlikely to cause harmful interference, which are on the list mentioned in Clause 2 of this Article;
b/ Radio equipment installed on board foreign seagoing ships or airplanes traveling through Vietnamese territory, which are exempt from licensing under international agreements or treaties to which the Socialist Republic of Vietnam is a contracting party.
2. The Minister of Information and Communications shall announce a list of radio equipment exempt from radio frequency use licenses, together with their technical and operation conditions.
3. Manufacturers or importers of radio equipment on the list mentioned in Clause 2 of this Article shall announce and assure that manufactured or imported equipment meet the technical and operation conditions required for radio equipment exempt from radio frequency use licenses before marketing such equipment.
4. Users of radio equipment exempt from radio frequency use licenses shall assure all technical and operation conditions for such equipment.
The list of license-exempt radio equipment is specified in Circular 08/2021/TT-BTTTT.
Violating organizations will face administrative penalties according to Article 58 of Decree 15/2020/ND-CP. The fine for individuals shall be 1/2 of the fine imposed on organizations according to Clause 3, Article 4 of Decree 15/2020/ND-CP.
Accordingly, radio frequency use licenses include radio frequency and equipment use licenses, frequency band use licenses, and frequency and satellite orbit use licenses.
Organizations and individuals that wish to use radio frequencies and equipment must obtain relevant radio frequency use licenses, except for the case specified in Article 27 of the Law on Radio Frequency 2009.
What are the procedures for issuing radio frequency use licenses in Vietnam?
The procedures for issuing radio frequency use licenses in Vietnam are specified in Article 4 of Circular 04/2021/TT-BTTTT as follows:
Issuance of licenses to use radio frequencies
1. In case of direct licensing, 01 (one) set of application for the license to use radio frequencies shall be prepared. An organization or individual that submits a complete and conformable application first will be issued with a license first.
Where the license is issued through an auction or exam for selection of those to have the radio frequency use right, regulations of law on auction and examination shall be complied with.
2. For the initial license to use radio frequencies, the duration of the license depends on the request of the organization or individual but must not exceed 10 (ten) years for the license to use radio frequencies and radio equipment, 15 (fifteen) years for the license to use frequency bands and 20 (twenty) years for the license to use satellite frequencies and orbit, and conforms with the radio frequency planning. The total duration of an initial license and extensions must not exceed the maximum duration for such type of license. If the duration of an initial license equals to the maximum duration for such type of license, such license may be extended for up to 01 (one) year.
3. Any organization or enterprise issued with the license to use frequency bands shall regularly report to the Authority of Radio Frequency Management a list of radio transmitters used in the radio communication network (using the form provided in Appendix III of this Circular) before December 31 every year or irregularly report at the request of the Authority of Radio Frequency Management.
4. For cases subject international registration of/cooperation in radio frequency under Article 41 of the Law on Radio Frequencies, during the period of carrying out registration or cooperation according to regulations of the International Telecommunications Union, the Authority of Radio Frequency Management shall consider issuing temporary licenses. If the registration or cooperation is unsuccessful, the organization or individual shall have their activities suspended. Official licensing shall depend on the result of international registration of or cooperation in radio frequency with the International Telecommunications Union.
5. The form of the license to use radio frequencies is provided in Appendix I of this Circular.
Thus, in case of direct licensing, 01 (one) set of application for the license to use radio frequencies shall be prepared.
An organization or individual that submits a complete and conformable application first will be issued a license first.
Which agency will issue radio frequency use licenses in Vietnam?
According to Article 3 of Circular 04/2021/TT-BTTTT on agencies issuing and revoking licenses to use radio frequencies in Vietnam as follows:
- The Authority of Radio Frequency Management affiliated to the Ministry of Information and Communications shall issue, extend, re-issue, amend and revoke licenses to use radio frequencies for cases other than those specified in Clause 2 of this Article.
- Any regional Radio Frequency Control Center affiliated to the Authority of Radio Frequency Management shall issue, extend, re-issue, amend and revoke licenses to use radio frequencies and radio equipment of radio stations located on fishing vehicles, wireless radio broadcasting stations and internal radio communication networks, and in cases where radio equipment is used for a period of less than 15 (fifteen) days at festivals, events, exhibitions, and fairs.
LawNet
