Vietnam: New issued Law amending the Law on Radio Frequencies 2022 takes effect from July 01, 2023

The XV National Assembly of Vietnam approved the Law on Amendments to Some Articles of the Law on Radio Frequencies on November 09, 2022.

Some new points of the Law on Amendments to Some Articles of the Law on Radio Frequencies 2022 of Vietnam are as follows:

1. Supplementing special cases where radio frequencies may used against planning

Special cases where radio frequencies may used against planning include:

- Special cases where radio frequencies may be used against planning include exhibition, testing, research, testing of new technologies; at international events and conferences.

- The Ministry of Information and Communications shall consider each specific case where radio frequencies and radio equipment are used as prescribed in clause 1 Article 11a of the Law on Radio Frequencies 2009 of Vietnam, together with the conditions of use.

2. Amending method for issuing licenses in person which apply to the following frequency bands and channels

Specifically, method for issuing licenses in person shall apply to the following frequency bands and channels:

- Frequency bands and channels other than those specified in clause 2 Article 18 of the Law on Radio Frequencies 2009 of Vietnam;

- Frequency bands and channels specified in clause 2 of this Article used for the purposes of testing of network and telecommunications services, special cases specified in clause 1 Article 11a of the Law on Radio Frequencies 2009 of Vietnam;

- Frequency bands and channels specified in clause 2 Article 8 of the Law on Radio Frequencies 2009 of Vietnam when allocated in an emergency case under regulations of law provided that the validity period of the license does not exceed 03 months or when re-issued as prescribed in Article 20a of the Law on Radio Frequencies 2009 of Vietnam;

- In special cases, the frequency bands specified in clause 2 Article 28 of Law on Radio Frequencies 2009 of Vietnam allocated to state-owned enterprises in direct service of national defense and security purposes for a period of more than 03 years with a view to economic development associated with performance of the national defense and security tasks.

The Ministry of National Defense and Ministry of Public Security shall formulate a scheme for use of frequency bands for economic development in combination with defense and security tasks performance, collect comments from the Ministry of Information and Communications and the Ministry of Public Security on the scheme formulated by the Ministry of National Defense and from the Ministry of National Defense on the scheme formulated by the Ministry of Public Security so as to submit it to the Prime Minister for approval before the Ministry of Information and Communications issue the license.

The scheme must not affect national defense and security; ensure safety and projection of state secrets; fair competition in the telecommunications market; specify national defense and security tasks assigned to enterprises; define the number of frequencies serving national defense and security tasks that account for a basic percentage of the total number of frequencies to be licensed.

03 months before the expiry date of the license, the Ministry of National Defense and Ministry of Public Security shall assess the efficiency in using the allocated frequencies and request the Prime Minister to consider deciding to terminate or continue to implement the scheme for a period of no more than 12 years to form a basis for the Ministry of Information and Communications to extend the license.

Previously, according to the Law on Radio Frequencies 2009 of Vietnam, direct licensing methods are stipulated as follows:

3. Supplementing conditions for participation in auction and examination for enjoyment of rights to use radio frequencies and commitments to run telecommunications network

- Conditions for participation in an auction or examination for enjoyment of rights to use radio frequencies:

+ Satisfy all conditions specified in points a, d, dd and e clause 2 Article 19 of the Law on Radio Frequencies 2009 of Vietnam;

+ Be eligible for being issued with the license to establish telecommunications using frequency bands and channels corresponding to those put up for auction or examination in accordance with regulations of law on telecommunications;

+ Have fulfilled all financial obligations regarding telecommunications and radio frequencies under regulations of law;

+ Have the commitments to run telecommunications networks as prescribed in clauses 2 and 3 Article 18a of the Law on Radio Frequencies 2009 of Vietnam.

- A commitment to run telecommunications network shall contain:

+ Total capital for investment in the network or number of radio frequency stations to be operated;

+ Coverage area by population or by geographical area;

+ Official date of providing telecommunications services from the licensing date;

+ Quality of telecommunication services;

+ Telecommunication roaming.

* According to the regulations laid down in clause 2 Article 18a of the Law on Radio Frequencies 2009 of Vietnam, the Minister of Information and Communications shall decide the number of commitments, specific requirements for each commitment to run telecommunication network with respect to each frequency band and channel put up for auction or examination or re-allocated.

* Any organization violating the commitment to run telecommunications networks specified in point a or point b clause 2 Article 18a of the Law on Radio Frequencies 2009 of Vietnam shall have its rights to use radio frequencies partially suspended with respect to the allocated frequency band. The fee for processing of application for rights to use radio frequencies accrued/paid during the suspension period will not be refunded.

* The Government shall elaborate on this Article 18a of the Law on Radio Frequencies 2009 of Vietnam.

The Law on Amendments to Some Articles of the Law on Radio Frequencies 2022 of Vietnam takes effect from July 01, 2023, of which the regulations on training to radio operators and issuance of radio operator certificates come into force as of July 01, 2024.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE