Vietnam: What is the duration of a radio frequency license under the latest regulations?
Recently, at the Program of the 4th session of the XVth National Assembly of Vietnam, in the afternoon of 11/9/2022, the Vietnam Law amending and supplementing a number of articles of the Vietnam Law on Radio Frequency 2009 was discussed and approved by the National Assembly of Vietnam with a unanimous rate accounting for 89.16% of the total number of deputies.
What issues does the Vietnam Law amending the Vietnam Law on Radio Frequencies 2022 amend?
The Vietnam Law amending and supplementing a number of articles of the Vietnam Law on Radio Frequencies 2022 was adopted, including 04 Articles, amending and supplementing 30 Articles compared to the Vietnam Law on Radio Frequency 2009, in which:
- 19 Article amended and supplemented in content;
- 09 Technical amendments and supplements;
- Repeal some provisions in 02 Articles;
- Amending and supplementing a number of articles of the Vietnam Law on Handling of Administrative Violations 2012 and the Vietnam Law on Investment 2020.
The Vietnam Law amending the Law on Radio Frequencies 2022 stipulates the following groups of issues:
- Maximum limit of the total band of a licensed enterprise
- Revenues from the use of radio frequencies;
- Issuance of radio operator certificates;
- Inspection and control of radio frequencies, handling of harmful interference, international registration and coordination of satellite frequencies and orbits;
- Use of radio frequencies outside of radio frequency planning
- Using the band for economic development in conjunction with defense and security tasks
The Vietnam Law amending and supplementing a number of articles of the Vietnam Law on Radio Frequencies 2022 takes effect from 07/01/2023.
Particularly, regulations on training and certification of radio operators take effect from 07/01/2024.
Vietnam: What is the duration of a radio frequency license under the latest regulations?
Allow the use of radio frequencies outside of radio frequency planning as of 07/01/2023 in Vietnam?
Currently, Article 11 of the 2009 Vietnam Law on Radio Frequencies provides as follows:
Article 11. Types of radio frequency master plans: competence to approve and implement radio frequency master plans
1. Radio frequency master plans include:
a/ National plan on the radio frequency spectrum, which is a master plan on the division of the radio frequency spectrum into frequency bands reserved for different radiocommunication services, prescribing use purposes and conditions for each frequency band:
b/ Master plan on frequency bands, which is a master plan on the allocation of one or more frequency bands for a radiocommunication service or radiocommunication system, prescribing specific use principles and conditions for such frequency band(s):
c/ Master plan on division of frequency channels, which is a master plan on the division of frequency bands into frequency channels for a specified communication service according to certain standards, prescribing use conditions for such frequency channels:
d/ Master plan on the use of frequency channels, which is a master plan on the arrangement and conditions for using frequency channels in a system for a specified radiocommunication service.
2. Competence to approve and implement radio frequency master plans is provided for as follows:
a/ The Minister of Information and Communications shall formulate and submit to the Prime Minister for approval the national plan on the radio frequency spectrum:
b/ The Minister of Information and Communications shall approve master plans on frequency bands, the division of frequency channels or use of frequency channels based on the national plan on the radio frequency spectrum:
c/ The Minister of Information and Communications shall assume the prime responsibility for. and coordinate with competent agencies in. appraising the conformity of development master plans and plans of sectors using radio frequencies with radio frequency master plans.
3. The manufacture and import of radio equipment and radio-wave appliances for use in Vietnam and the management and use of radio frequencies must comply with radio frequency master plans and Vietnam Law.
From January 1, 2023, special cases may be used in addition to unplanned radio frequencies, specifically in Clause 3, Article 1 of the Amended Vietnam Law on Radio Frequencies 2022 stipulating as follows:
Special cases for the use of unplanned radio frequencies
1. Special cases where radio frequencies may be used outside the radio frequency planning, including for the purposes of exhibition, measurement, research and testing of new technologies; used in international events, international conferences.
2. The Ministry of Information and Communications shall consider granting licenses on a case-by-case basis for the use of radio frequencies and equipment specified in Clause 1 of this Article together with conditions for use.
Thus, the new regulation allows licensing with conditions of use for special cases of using unplanned radio frequencies including:
+ Used for the purpose of exhibition, measurement, research and testing of new technologies;
+ Used in international events, international conferences.
In addition, in Clause 2, Article 1 of the amended Vietnam Law on Radio Frequencies 2022 amending Points b and c, Clause 1, Article 11 of the Vietnam Law on Radio Frequencies 2009, the concepts of band planning and frequency channel planning are amended as follows:
- Band planning is the planning of dividing a band into one or more blocks of band for a type of radio communication system and prescribing the allocation of that band to one or more organizations for use under specific conditions.
For bands planned for a public terrestrial mobile communications system, the allocation must include a maximum limit of the total band width used by a licensed organization in the planned band or in a defined band group;
- Frequency channel planning is the planning of dividing a band into frequency channels for a specific type of radio operation according to a certain standard and specifying the conditions for the use of those frequency channels.
What is the duration of the radio frequency license under the new Vietnam regulations?
According to the provisions of Article 18 of the Vietnam Law on Radio Frequencies 2009 (amended and supplemented by Clause 4, Article 1 of the Vietnam Law on Amendment of Radio Frequencies 2022) on the duration of use of radio frequency licenses as follows:
Radiofrequency license
1. Organizations and individuals using radio frequencies and radio equipment must obtain corresponding radio frequency use licenses, except for the case specified in Article 27 of this Vietnam Law.
Radio frequency licenses include: Licenses for the use of radio frequencies and equipment, Licenses for the use of frequency bands, licenses for the use of satellite frequencies and orbits.
2. The duration of a radio frequency license is prescribed as follows:
a/ Licenses for the use of radio frequencies and equipment with a maximum term of 10 years shall be granted to organizations and individuals for the use of radio frequencies and radio equipment under specific conditions;
b) A license for the use of a band with a maximum term of 15 years shall be granted to an organization to use a specified band or frequency channel accompanied by specific conditions;
c) A license for the use of satellite frequencies and orbits with a maximum term of 20 years shall be granted to an organization to operate a radio station located on a satellite, at a satellite orbital location determined to use a specified band accompanied by specific conditions.
3. The duration of a radio frequency license granted at the request of organizations and individuals shall not exceed the maximum term of each type of license specified in Clause 2 of this Article, except for the case specified in Clause 3a of this Article and Point d, Clause 4, Article 18 of this Vietnam Law.
3a. The duration of a band license granted through auction, examination or reissue shall be decided by the Minister of Information and Communications but shall not exceed the maximum term specified in Clause 2 of this Article.
4. The Government shall detail the issuance, reissuance, issuance, amendment, supplementation, extension and revocation of radio frequency licenses.
Accordingly, from 07/01/2023, amendments to regulations on the shelf life of radio frequencies are as follows:
- The duration of a radio frequency license shall be granted at the request of organizations and individuals but shall not exceed the maximum term of each type of license.
- The duration of a band license granted through auction, examination or reissue shall be decided by the Minister of Information and Communications but shall not exceed 15 years.
- The Government is the competent authority to provide for the issuance, reissuance, issuance, amendment, supplementation, extension and revocation of radio frequency licenses on behalf of the Minister of Information and Communications as prescribed in the Vietnam Law on Radio Frequencies 2009.
The amended Radio Frequency Vietnam Law 2022 will come into force from July 01, 2023.
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