Conditions for transferring the right to use radio frequencies with frequency band in Vietnam

Bao Ngoc

14:44, 11/08/2022

On October 1, 2021, the Government of Vietnam promulgated Decree 88/2021/ND-CP on collection of fees for granting the right to use radio frequencies, auction, licensing and transfer of the right to use radio frequencies for bands.

According to the Decree, the conditions for transferring the right to use radio frequencies are as follows:

- Enterprises licensed to use frequency bands through auction (including the case where only one enterprise registers to participate in auction, one enterprise participates in auction, one enterprise bids) are allowed to transfer license to use radio frequencies but not earlier than 05 years from the date of licensing.

- Enterprises are only allowed to transfer after fulfilling the responsibilities specified in Article 20 of Decree No. 88/2021/ND-CP of Vietnam

In addition, the transferee must meet the following conditions:

- Being an enterprise that is eligible to be considered for a license to establish a telecommunications network as prescribed in Clause 2, Article 11 of Decree 88/2021 ;

- Meet the regulations on the limit of the maximum amount of spectrum that each enterprise is allowed to use in accordance with the law.

See also Decree 88/2021/ND-CP of Vietnam, effective from October 1, 2021 and replacing Decision 16/2012/QD-TTG .

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