Application for transfer of the right to use radio frequencies in Vietnam

Application for transfer of the right to use radio frequencies in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for transfer of use right of radio frequency in Vietnam

According to Clause 2, Article 18 of Decree 88/2021/ND-CP, the recipients of the transfer must satisfy the following eligibility:

- Satisfy requirements under Clause 2 Article 11 of Decree No. 88/2021/ND-CP,;

Article 11. Eligibility for participating in the bidding

…

2. Eligibility to be issued with license for establishing telecommunication network includes:  

a) Eligibility to be issued with license for establishing public telecommunication network utilizing frequency band granted via bidding according to regulations and law on telecommunication;

b) Compliance with regulations and law on telecommunications for ownership in provision of telecommunication services, form, requirements, and contribution of foreign investors.

- Satisfy regulations on maximum number frequency spectrum allowed as per the law.

2. Application for transfer of the right to use radio frequencies in Vietnam

Application for transfer of the right to use radio frequencies in Vietnam are prescribed as follows:

(1) In case enterprises that have been issued with license for providing telecommunication services utilizing frequency band apply for receiving transfer, applications consist of :

- Transfer application bearing seals and signature of legal representatives of enterprises applying for transfer;

- Written agreement between transferring applicants and transferee enterprises regarding assurance of legal right and benefit of organizations and individuals affected by the transfer;

- Documents of transferee enterprises proving satisfaction of regulations on maximum number of frequency spectrum as per the law where each enterprise is allowed to use after receiving transferred frequency band;

- Reports on implementation of provided license for providing telecommunication services and implementation of telecommunication services after winning the bidding of enterprises applying for transfer;

- Application for revision of license for providing telecommunication services utilizing frequency band of enterprises applying for receiving transfer;

- Application for revision of license for providing telecommunication services or application for revoking license for providing telecommunication services of enterprises applying for transfer;

- Commitment for compliance with Points b, c, and d Clause 3 Article 18 of Decree 88/2021/ND-CP enterprises applying for receiving transfer.

(2) For enterprises applying for receiving transfer that are not specified under Clause 2 of Article 19 of Decree 88/2021/ND-CP, applications consist of:

- Transfer application bearing seals and signature of legal representatives of enterprises applying for transfer;

- Written agreement between transferring applicants and transferee enterprises regarding assurance of legal right and benefit of organizations and individuals affected by the transfer;

- Application for license for providing telecommunication services utilizing frequency band of enterprises applying for receiving transfer;

- Reports on implementation of provided license for providing telecommunication services and implementation of telecommunication services after winning the bidding of enterprises applying for transfer;

- Application for revision of license for providing telecommunication services or application for revoking license for providing telecommunication services of enterprises applying for transfer;

- Commitment for compliance with Points b, c, and d Clause 3 Article 18 of Decree 88/2021/ND-CP of enterprises applying for receiving transfer.

(Clause 2 and 3, Article 18 of Decree 88/2021/ND-CP)

3. Deadline and procedures for processing application for transfer of the right to use radio frequencies in Vietnam

Specifically, in Clause 4, Article 19 of Decree 88/2021/ND-CP stipulating the deadline and procedures for processing application

- Within 5 working days from the date on which application is received, Ministry of Information and Communications (Telecommunication Agency) shall inform applicants in case of inadequate applications;

- Within 45 days from the date on which adequate applications are received, Ministry of Information and Communications shall consider and decide to allow transfer of use right of radio frequency;

- In case of rejecting the transfer, Ministry of Information and Communications shall issue written notice and reason.

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