03 new points in regulations on licenses to use radio frequencies in Vietnam

Below is the remarkable content specified in Circular 04/2021/TT-BTTTT dated 13/8/2021 providing guidance on procedures for issuance of licenses to use radio frequencies; lease or lending of radio equipment; shared use of radio frequencies.


03 new points in regulations on licenses to use radio frequencies (Illustration)

According to Vietnam's Circular 04/2021, there 03 new points on the issuance of licenses to use radio frequencies as follows:

(1) There are additional cases where the license is issued through an auction or exam for selection of those to have the radio frequency use right, regulations of law on auction and examination shall be complied with.

Currently, Clause 2, Article 4 of Vietnam's Circular 05/2015/TT-BTTTT only stipulates that In case of direct licensing, application for the license to use radio frequencies shall be a set o documents Organizations and individuals that submit complete and conformable application first will be issued with licenses first.

(2) For the initial license to use radio frequencies, the duration of the license depends on the request of the organization or individual but must not exceed:

- For the license to use radio frequencies and radio equipment: 10 (ten) years;

- For the license to use frequency bands: 15 (fifteen) years;

- For the license to use satellite frequencies and orbit, and conforms with the radio frequency planning: 20 (twenty) years

The total duration of an initial license and extensions must not exceed the maximum duration for such type of license.

If the duration of an initial license equals to the maximum duration for such type of license, such license may be extended for up to 01 (one) year.

Currently, Clause 3, Article 4 of Vietnam's Circular 05/2015/TT-BTTTT stipulates that with regard to initial licenses to use radio frequencies, duration of the license is according to the request of organizations and individuals and does not exceeds the maximum duration for each type of license and conforms with radio frequency planning. If duration of an initial license is the maximum duration for such type of license, such license will get extension for not exceeding 1 year.

(3) Amendment of periodical reporting period to the Radio Frequency Department

Specifically, Clause 3, Article 4 of Vietnam's Circular 04/2021/TT-BTTTT stipulates any organization or enterprise issued with the license to use frequency bands shall regularly report to the Authority of Radio Frequency Management a list of radio transmitters used in the radio communication network (using the form provided in Appendix III of this Circular) before December 31 every year or irregularly report at the request of the Authority of Radio Frequency Management. (from October 1 to October 15 every year according to the current regulations).

Vietnam's Circular 04/2021/TT-BTTTT takes effect from October 1, 2021 and replaces Vietnam's Circular 05/2015/TT-BTTTT.

Bao Ngoc

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