The National Assembly passes the Law Amending and Supplementing Certain Provisions of the Law on Radio Frequency

The National Assembly adopts the Law amending and supplementing a number of articles of the Law on Radio Frequency

Prior to that, the National Assembly heard Chairman of the Committee on Science, Technology, and Environment Le Quang Huy present the Report on explanation, reception, and revision of the draft Law amending and supplementing a number of articles of the Law on Radio Frequency.

To be specific, regarding the extension, amendment, supplementation, renewal of frequency usage licenses, and cessation of using radio frequencies (Article 22 of the Law on Radio Frequency as amended and supplemented under Clause 9, Article 1 of the draft Law), the Chairman of the Committee on Science, Technology, and Environment clarified that there were opinions suggesting a review and amendment of Point d, Clause 1, Article 22 in the direction that, when initially granted for the maximum period stipulated by law, it should not be subject to extension.

In response to suggestions from National Assembly deputies, the Standing Committee of the National Assembly proposed the National Assembly allow for the amendment of Point d, Clause 1, Article 22 as follows: "The total initial licensing period and subsequent renewals shall not exceed the maximum period stipulated for each type of radio frequency usage license; in case the initial license period equals the maximum period stipulated for the corresponding type of license, it shall not be extended."

Additionally, there were opinions proposing the addition of concepts regarding frequency bands, channels with high commercial value, and procedures to determine demand exceeding allocation capacity into Article 3 (Terminology) of the Law to provide a legal basis for identifying frequency bands and channels to be licensed through auction or competitive bidding.

Chairman Le Quang Huy stated that, after reviewing opinions from National Assembly deputies, the draft Law submitted for examination and approval at this Session clearly stipulated the types of frequency bands and channels to be licensed in each method through auction, competitive bidding, and direct licensing in Article 18 of the Law on Radio Frequency (Clause 6, Article 1 of the draft Law), without using the terms frequency bands, high commercial value channels, and demand exceeding allocation capacity. Therefore, the National Assembly was requested to allow the omission of explanations for these terms.

The Chairman of the Committee on Science, Technology, and Environment also reported opinions suggesting that criteria regarding the usage duration of frequency bands are crucial and should be stipulated within the auction content, without needing specification in Clause 3a, Article 16 of the Law on Radio Frequency (added under Clause 4, Article 1 of the draft Law).

The Standing Committee of the National Assembly recognized that the suggestion to include criteria about the usage duration of frequency bands in the auction content was valid.

However, to have a basis for deciding the license period for frequency bands in each auction, besides the maximum license period for using frequency bands (stipulated in Point b, Clause 2, Article 16 of the Law on Radio Frequency, 2009), it is necessary to supplement provisions in the Law granting the Minister of Information and Communications the authority to decide the license duration for frequency bands issued through auction, competitive bidding, or reissuance in Clause 3a, Article 16.

Therefore, the Standing Committee of the National Assembly sought the National Assembly's permission to retain the provisions of Clause 3a, Article 16 as per the draft.

In addition to the contents received and explained above, the Standing Committee of the National Assembly has directed thorough studies and reviews to fully incorporate feedback from National Assembly deputies and relevant agencies and organizations; amendments were made both in terms of content and legislative techniques in the draft Law./.

According to the Government of Vietnam Portal

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