From May 1, 2022, the cases in which the fee payer is entitled to free or refund of the fee for using radio frequencies shall comply with Circular 11/2022/TT-BTC , specifically as follows:
Article table of contents
Cases of free, refunded use of radio frequencies (Artwork)
1. 11 cases are entitled to free use of radio frequencies from May 1, 2022
According to Clause 2, Article 1 of Circular 11/2022/TT-BTC , fee payers are free to use radio frequencies in the following 11 cases:
(1) Radio stations of foreign diplomatic missions, consular offices, representative offices of international organizations in Vietnam, and high-ranking foreign delegations visiting Vietnam are subject to priority. diplomatic privileges and immunities.
(2) Radio stations that directly serve national security and defense use frequencies for security and defense purposes as prescribed in Article 45 of the Law on Radio Frequency .
(3) Radio stations serving the task of preventing natural disasters, floods and storms use frequencies for information networks to prevent natural disasters, floods and storms.
(4) Radio stations use emergency, safety, search and rescue frequencies according to regulations.
(5) Radio stations in direct service of search and rescue belong to the search and rescue organization system of central and local ministries, branches.
(6) Radio stations of charitable organizations serving humanitarian activities.
(7) Radio stations belonging to a special system of telegraph networks serving Party and State agencies.
(8) Radio stations placed on fishing vessels; satellite terminals serving the purpose of monitoring fishing vessels; radio equipment operating on the frequency bands planned for fishing vessels located on board ships. (Additional cases compared to Circular 265/2016/TT-BTC )
(9) Commune-level wireless radio station.
(10) Radio and television transmitters broadcast programs serving political tasks, essential information and propaganda, broadcasting with a capacity of 100w or less in poor districts, districts with a high percentage of poor households according to the provisions of the State.
(11) Standby transmitter with the same transmitting frequency, same antenna position, and ERP transmitter power less than or equal to the licensed primary transmitter. (New case added compared to Circular 265/2016/TT-BTC )
2. In case of being exempted from the fee for granting a license to use radio frequencies
Fee payers are exempted from fees for granting licenses to use radio frequencies in the following cases:
- Radio stations placed on fishing vessels.
- Satellite terminal for monitoring fishing vessel journey.
(This is a new content added to Circular 265/2016/TT-BTC )
3. In case of refund of the fee for using radio frequencies
Pursuant to Clause 4, Article 1 of Circular 11/2022/TT-BTC , organizations and individuals that stop using radio frequencies and equipment before the time limit specified in the license to use radio frequencies may only refund the portion of the radio frequency usage fee for the remaining period of the license, in the following cases:
- The remaining time of the license is 30 days or more for the license to use the frequency stopped due to the auction of the frequency or the change of the frequency planning.
- The remaining time of the license is 90 days or more for the remaining cases.
(Currently, according to Circular 265/2016/TT-BTC , the fee for using radio frequencies is only refunded for the remaining period of the license if this remaining period is 90 days or more)
The remaining period of the license is counted from the date the organization or individual officially stops using it but not before the date the Radio Frequency Department receives the Notice of cessation.
Circular 11/2022/TT-BTC takes effect from May 1, 2022.
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