What are included in the bidding documents for transfer of use right of radio frequency in Vietnam?

What are included in the bidding documents for transfer of use right of radio frequency in Vietnam?

Pursuant to Article 13 of the Decree 88/2021/NĐ-CP stipulating the bidding documents for transfer of use right of radio frequency in Vietnam as follows:

Bidding documents consist of:

1. Application for bidding.

2. Quantity of frequency block or width of frequency block registered for purchase.

3. Master register or verified true copies or copies and master registers of verification of eligibility for bidding.

What are regulations on disposal of deposit for bidding for transfer of use right of radio frequency in Vietnam?

Pursuant to Article 14 of the Decree 88/2021/NĐ-CP stipulating disposal of deposit for bidding for transfer of use right of radio frequency in Vietnam as follows:

Deposit of enterprises that fail to submit fee for licensing use right of radio frequency under Clause 3 and Point a Clause 4 Article 7 hereof shall not be reimbursed and shall be transferred to state budget.

What are regulations on organization of bidding for transfer of use right of radio frequency in Vietnam?

Pursuant to Article 9 of the Decree 88/2021/NĐ-CP stipulating organization of bidding for transfer of use right of radio frequency in Vietnam as follows:

1. Bidding shall be implemented according to regulations and law on property bidding and this Decree.

2. Minister of Information and Communications shall approve Bidding organization solutions and organize bidding. Bidding organization solutions consist of:

a) Eligibility for participating in the bidding;

b) Information on frequency band for bidding and frequency blocks for bidding;

c) Starting bid, bid increments, and deposit;

d) Methods and form of bidding organization;

dd) Resolving bidding scenarios (if any);

e) Other relevant details.

Bidding organization solutions must be publicized on website of Ministry of Information and Communications within 5 working days from the date on which approval is made.

3. In case an enterprise wins bid for multiple frequency blocks, the enterprise shall be licensed for adjacent frequency blocks according to bidding regulations.

4. Dealing with cases where only one enterprise registers for bidding, one enterprise participates in the bidding, or one enterprise makes the bid

a) In case of bidding for frequency blocks after unsuccessful bidding, during the re-bidding session, if the bidding registration period expires with only one enterprise registers for bidding, multiple enterprises register for bidding and only one enterprise participates in the bidding, multiple enterprises register for bidding and only one enterprise makes the bid, or multiple enterprises make the bid and only one enterprise makes the highest bid that at least equals the starting bid, frequency block shall be sold to the enterprise. Selling of frequency block for enterprises under this Clause must be prescribed under Bidding organization solutions approved by Ministry of Information and Communications;

b) Property bidding for cases under Point a of this Clause shall only be conducted once all procedures for property bidding have been fulfilled according to Law on Property Bidding, documents elaborating to Law on Property Bidding, and this Decree and no complaints regarding the procedures have been made until the date of bidding;

c) Within 3 working days from the date on which the bidding under Point a of this Clause concludes, property bidding organizations or property bidding council shall send reports on bidding procedures and bidding records to Ministry of Information and Communications. Bidding record mentioned above must include the fact that only one enterprise registers for bidding or multiple enterprises register for bidding and only one enterprise participates in the bidding or multiple enterprises participate in the bidding and only one enterprise makes the bid or multiple enterprises make the bid and only one enterprise makes the highest bid that at least equals the starting price in addition to details required by regulations and law on bidding;

d) Approval and declaration of bidding results must conform to Article 15 hereof.

Best regards!