Conditions to participate in auction of right to use radio frequencies in Vietnam

Conditions to participate in auction of right to use radio frequencies in Vietnam (Internet image)

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

1. What is radio frequency?

According to Clause 1, Article 3 of the Law on Radio Frequencies 2009, radio frequency means a frequency of radio waves.

Radio waves means electromagnetic waves with a frequency below 3.000 gigahertz (GHz) which freely travel in space without artificial guide.

2. Conditions to participate in auction of right to use radio frequencies in Vietnam

Specifically, Clause 2, Article 19 of Decree 63/2023/ND-CP stipulates the to establish its eligibility to participate in auction of right to use radio frequencies, an organization must:

- Meet the requirements laid down in Points a and c Clause 1 Article 18a of the Law on Radio Frequencies 2009 as amended in Clause 6 Article 1 of the Law on amendments to the Law on Radio Frequencies;

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

(i) Using a radio frequency and equipment for purposes and radiocommunication services not banned by law;

(ii) Have a feasible plan to use radio frequencies, consistent with the radio frequency planning or have a feasible plan to use radio frequencies for special cases specified in Clause 1 of Article 11a Radio Frequency Law 2009 (added in 2022)

(iii)  Have a feasible plan for use of radio frequencies conforming to the radio frequency planning or have a feasible plan for use of radio frequencies regarding the special case specified in clause 1 Article 11a of the Law on Radio Frequencies 2009;

(iv) Having committed to comply with regulations on assurance of information safety and security; inspect and handle harmful interference and assure radio radiation safety;

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

- Meet the following requirements for obtaining a license to establish telecommunications network using the frequency bands licensed through auction:

+ Meet the requirements for issuance or revision of license to establish telecommunications network in accordance with regulations of law on telecommunications;

+ Have a business plan and technical plan to use the frequency bands licensed through auction which must cover all telecommunications activities indicated in the license to provide telecommunications services and be conformable with the commitment to run telecommunications network using the frequency bands licensed through auction;

+ Have a commitment to fulfill conditions for running telecommunications network using the frequency bands licensed through auction.

3. Withdrawal of the right to use a radio frequency for the implementation of master plans in Vietnam

Withdrawal of the right to use a radio frequency for the implementation of master plans is prescribed as follows:

(1) Withdrawal of the right to use a radio frequency for the implementation of a master plan means the withdrawal by a competent state agency, of the whole or part of the right to use a frequency band or channel already granted to an organization or individual when its/his/her radio frequency use license is still valid, for changing the use purpose or users.

(2) The withdrawal of the right to use a radio frequency shall be made in the following cases:

- The radio frequency will be used for national defense or security purpose or for national interests:

- The use purpose and eligible users of the radio frequency are no longer in line with the radio frequency master plan.

(3) The Ministry of Information and Communications shall publicly announce the radio frequency master plan, time of and plans on change of radio frequencies and equipment for the implementation of the master plan, and notify such to organizations and individuals whose right to use a radio frequency is withdrawn.

(4) Organizations and individuals whose right to use a radio frequency is withdrawn shall stop using such radio frequency under withdrawal decisions of the Ministry of Information and Communications.

(5) Organizations and individuals whose right to use a radio frequency is withdrawn under Clause 2 of this Article will be compensated under law.

(Article 12 of the Law on Radio Frequencies 2009 (amended in 2022))

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE