What are eligibility requirements for transfer of use right of radio frequency in Vietnam?

What are eligibility requirements for transfer of use right of radio frequency in Vietnam?

Pursuant to Article 18 of the Decree 88/2021/NĐ-CP stipulating eligibility requirements for transfer of use right of radio frequency in Vietnam as follows:

1. Enterprises licensed for using frequency band via bidding, including cases under Clause 4 Article 9 hereof are allowed to transfer use right of radio frequency after 5 years from the date on which they are licensed.

Enterprises are only allowed to transfer once they have fulfilled responsibilities under Article 20 hereof.

2. Recipients of the transfer must satisfy the following eligibility:

a) satisfy requirements under Clause 2 Article 11 hereof;

b) satisfy regulations on maximum number frequency spectrum allowed as per the law.

3. Transfer of use right of radio frequency must include all:

a) Frequency band won in the bidding;

b) Rights and responsibilities for implementing license for providing telecommunication services;

c) Responsibilities for implementing investment commitment for establishing telecommunication network as per the law;

d) Responsibilities and obligations for securing implementation of legal rights and benefits of relevant organizations and individuals utilizing services.

What are procedures for transfer of use right of radio frequency in Vietnam?

Pursuant to Article 19 of the Decree 88/2021/NĐ-CP stipulating procedures for transfer of use right of radio frequency in Vietnam as follows:

1. Enterprises requesting to receive transfer of use right of radio frequency must submit 1 application using form prescribed by Ministry of Information and Communications to Ministry of Information and Communications (Telecommunication Agency): In person, via postal service, or online via National public service portal.

2. In case enterprises that have been issued with license for providing telecommunication services utilizing frequency band apply for receiving transfer, applications consist of :

a) Transfer application bearing seals and signature of legal representatives of enterprises applying for transfer;

b) Written agreement between transferring applicants and transferee enterprises regarding assurance of legal right and benefit of organizations and individuals affected by the transfer;

c) Documents of transferee enterprises proving satisfaction of regulations on maximum number of frequency spectrum as per the law where each enterprise is allowed to use after receiving transferred frequency band;

d) Reports on implementation of provided license for providing telecommunication services and implementation of telecommunication services after winning the bidding of enterprises applying for transfer;

dd) Application for revision of license for providing telecommunication services utilizing frequency band of enterprises applying for receiving transfer;

e) Application for revision of license for providing telecommunication services or application for revoking license for providing telecommunication services of enterprises applying for transfer;

g) Commitment for compliance with Points b, c, and d Clause 3 Article 18 hereof of enterprises applying for receiving transfer.

3. For enterprises applying for receiving transfer that are not specified under Clause 2 of this Article, applications consist of:

a) Transfer application bearing seals and signature of legal representatives of enterprises applying for transfer;

b) Written agreement between transferring applicants and transferee enterprises regarding assurance of legal right and benefit of organizations and individuals affected by the transfer;

c) Application for license for providing telecommunication services utilizing frequency band of enterprises applying for receiving transfer;

d) Reports on implementation of provided license for providing telecommunication services and implementation of telecommunication services after winning the bidding of enterprises applying for transfer;

dd) Application for revision of license for providing telecommunication services or application for revoking license for providing telecommunication services of enterprises applying for transfer;

e) Commitment for compliance with Points b, c, and d Clause 3 Article 18 hereof of enterprises applying for receiving transfer.

4. Deadline and procedures for processing application

a) Within 5 working days from the date on which application is received, Ministry of Information and Communications (Telecommunication Agency) shall inform applicants in case of inadequate applications;

b) Within 45 days from the date on which adequate applications are received, Ministry of Information and Communications shall consider and decide to allow transfer of use right of radio frequency;

c) In case of rejecting the transfer, Ministry of Information and Communications shall issue written notice and reason.

5. Enterprises allowed to transfer use right of radio frequency shall be issued with revised license for providing telecommunication services or have their license for providing telecommunication services revoked; enterprises allowed to receive the transfer of use right of radio frequency shall be issued with license for providing telecommunication services or revise license for providing telecommunication services according to regulations and law on telecommunication.

Issuance of license for using frequency band for enterprises applying for receiving transfer shall conform to regulations and law on radio frequency.

6. License for providing telecommunication services and license for using transferred frequency band issued for enterprises applying for receiving transfer shall be effective until the expiry date of license for providing telecommunication services and license for using frequency band issued for enterprises applying for transfer.

What are responsibilities of enterprises applying for transfer of use right of radio frequency in Vietnam?

Pursuant to Article 20 of the Decree 88/2021/NĐ-CP stipulating responsibilities of enterprises applying for transfer of use right of radio frequency in Vietnam as follows:

Enterprises applying for transferring use right of radio frequency are responsible for:

1. Guaranteeing legal rights and benefits of enterprises, organizations and individuals affected by the transfer.

2. Fulfilling financial obligations relating to transfer of use right of radio frequency as per the law.

3. Fulfill financial obligations regarding fee for licensing use right of radio frequency, fee for licensing use of radio frequency, and fee for using radio frequency.

What are responsibilities of enterprises applying for receiving the transfer of use right of radio frequency in Vietnam?

Pursuant to Article 21 of the Decree 88/2021/NĐ-CP stipulating responsibilities of enterprises applying for receiving the transfer of use right of radio frequency in Vietnam as follows:

Enterprises applying for receiving the transfer of use right of radio frequency are responsible for:

1. Exercising transferred rights and responsibilities and refraining from transferring the transferred use right of radio frequency to other enterprises.

2. Fulfilling financial obligations relating to transfer of use right of radio frequency as per the law.

3. Complying with regulations and law on telecommunication and radio frequency.

4. Submitting licensing fees and charges adequately according to regulations and law on telecommunication and radio frequency.

Best regards!