Thông tư 05/2015/TT-BTTTT

CIRCULAR

PROVIDING GUIDANCE ON PROCEDURES FOR THE ISSUANCE OF LICENSES TO USE RADIO FREQUENCIES; PURCHASE, LEASE OR LENDING OF RADIO DEVICES; SHARED USE OF RADIO FREQUENCIES

Pursuant to the Law on Radio frequency dated November 23, 2009;

Pursuant to the Decree No. 132/2013/NĐ-CP dated October 16, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of the Director of Authority of Radio Frequency Management,

The Minister of Information and Communications promulgates this Circular providing guidance on procedures for the issuance licenses to use radio frequencies; purchase, lease or lending of radio devices; shared use of radio frequencies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides guidance on procedures for the issuance of licenses to use radio frequencies; purchase, lease or lending of radio devices that are issued with licenses to use radio frequencies; shared use of radio frequencies.

2. This Circular does not apply to:

a) The use of radio frequencies for national defense and security purposes and cases exempt from licenses to use radio frequencies specified in Article 27 of the Law on Radio Frequency;

b) The issuance, amendment, extension of licenses to use radio frequencies of radio station using aeronautic mobile frequency, aeronautical guiding radio;

c) The issuance, modification, extension of license to use radio frequencies and radio equipment applicable to satellite earth station of foreign representative agencies and senior delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations.

Article 2. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. Satellite earth station means a radio station located on the earth's surface or within the atmosphere for communicating with a satellite space station.

Satellite space station means a radio station located on an earth's artificial satellite with a geostationary or non-geostationary orbit.

2. Amateur radio station means a radio station where amateur radio services are provided.

Amateur radio service is a radio-communication service aiming to provide self-training and research in information techniques conducted by amateur radio operators for their personal aim and for non-profit purposes and licensed by a competent agency.

Amateur radio station means a radio station where the amateur radio services are provide.

Fixed service is a radio-communication service between specified fixed points.

4. Mobile station means a radio station in the mobile service that is used while in motion or during halts at unspecified points.

Mobile service is a radio-communication service between mobile and land stations or among mobile stations.

Land station means a station in the mobile service that is not used while in motion.

5. Ship station means a mobile station using frequencies of the maritime mobile service that is located on a ship, boat or another floating craft.

Maritime mobile service is a mobile service between coast stations and ship stations or among ship stations or among on-board communication stations. Survival craft stations and emergency position-indicating radio beacon stations may also participate in this service.

6. Radio station located on a fishing boat means a mobile station located on a fishing boat, using frequencies dedicated for fishing boats and frequencies for ensuring safety at sea.

7. Radio station communicating with a fishing boat means a radio station located on the mainland, using frequencies dedicated for fishing boats for communicating with fishing boats, and not providing telecommunications services.

8. Coast station means a radio station located on the mainland, using frequencies of maritime mobile services and frequencies dedicated for fishing boats for communicating with ships, boats and other floating crafts.

9. Wireless radio broadcasting station means a radio station transmitting one-way audio signals from transmitting stations to wireless speakers.

10. Dedicated telecommunications network using frequencies of mobile services means a communication network consisting of mobile radio stations or fixed and mobile radio stations that is established by organizations or individuals for communication by the network members but not for the purpose of gaining profits directly from the network's operation.

11. Internal radio communication network means a communication network consisting of mobile radio stations which is established by organizations or individuals at a place with an identified address and scope and the owner of which is entitled to use it for internal communication but not for the purpose of gaining profits directly from the network's operation.

12. Foreign representative agencies include diplomatic missions, consular offices and representative offices of international organizations in Vietnam that are eligible for diplomatic immunity and privileges.

Article 3. Agencies issuing and revoking licenses to use radio frequencies

1. The Authority of Radio Frequency Management affiliated to the Ministry of Information and Communications is responsible for issuing and revoking licenses to use radio frequencies for cases other than those specified in clause 2 of this Article.

2. Any regional Radio Frequency Control Center affiliated to the Authority of Radio Frequency Management is responsible for issuing and revoking licenses to use radio frequencies and radio equipment of radio station located on a fishing boat/wireless radio broadcasting station; license for license to use radio frequencies and radio equipment of a radio device with limited capacity which is used in festivals, events, exhibitions, fairs for under 15 days.

Article 4. Issuance of license for radio frequency use

1. Radio devices listed in the application for issuance, extension or modification of the license to use radio frequencies shall be devices that are certified conformable with the regulation.

2. 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.

3. 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.

4. Radio emission limits prescribed in licenses to use frequency bands licenses to use frequency bands shall be conformable with National technical regulation. When National technical regulations are unavailable, international standards and actual capacity of technology shall be applied in order to minimize harmful interference.

5. Organizations that are issued with the licenses to use frequency bands shall report regularly a list of radio transmitters used in the radio communication network (using to the form provided in Appendix 3 of this Circular) to the Authority of Radio Frequency Management in the period of from October 01 to October 15 of each year or irregularly report at the request of Authority of Radio Frequency Management.

6. For cases subject to radio frequency international registration or coordination according to the provision of Article 41 of the Law on Radio Frequency, in the course of such registration or coordination according to regulations of the International Telecommunications Union, Authority of Radio Frequency Management shall consider and issue temporary licenses. If the registration and coordination is failed, organizations and individuals shall have operation suspended. Official licensing shall be based on the results of radio frequency international registration and coordination with the International Telecommunications Union.

7. The form of licenses to use radio frequencies is provided in Appendix 1 of this Circular.

Article 5. Expansion and modification of licenses to use radio frequencies

1. At least 30 days (applicable to radio frequency and device use licenses), 60 days (applicable to licenses to use frequency bands) or 90 days (applicable to licenses to use satellite orbit and frequencies) before the license expires, organizations and individuals shall send an application for extension of a license to use radio frequencies according to the regulations. An extended license will have only its validity duration prolonged when other details kept unchanged.

2. If an organization/individual who fails to comply with the time limit specified in Clause 1 of this Article wishes to continue using new frequency, such organization/individual shall follow the procedures like the ones for the issuance of new licenses and shall use a new frequency if the old one has been issued to another organization/individual.

3. When a license in effect, the owner organization/individual who wishes to have its contents (except validity) modified shall submit an application for such modification.

4. Any organizations or individuals may apply for extension concurrently with modification of license according to the provision in clauses 1 and 3 of this Article.

Article 6. Cessation of use of radio frequencies and devices and satellite orbit

1. Within the validity of the license, any organization or individual that no longer wishes to use radio frequency or devices shall send a written notification to the Authority of Radio Frequency Management according to the form for Notification of stropping using radio frequencies and devices and satellite orbit in the Appendixes 2 of this Circular.

2. If a telecommunication enterprise uses radio frequencies/devices and satellite orbit for providing telecommunications services, before sending notification of stopping using the frequencies to the Authority of Radio Frequency Management, such enterprise shall complete the procedures for stopping providing telecommunications services according to the regulations on telecommunications.

Article 7. Reissuance of licenses to use radio frequencies

1. If a license to use radio frequencies is lost or destructed, its owner organization/individual shall submit an application for reissuance of licenses to use radio frequencies.

2. The application for reissuance of licenses to use radio frequencies shall include the serial number of the license, date of issue, date of expire and reasons for reissuance.

Article 8. Declaration and cancellation of application for issuance, extension or modification of licenses to use radio frequencies

1. Any organization/individual applying for issuance, extension or modification of a license to use radio frequencies shall take responsibility before law for the accuracy and lawfulness of documents and information declared in their application.

Documents in an application for issuance, extension or modification of a licenses to use radio frequencies which are not required by this Circular to be notarized or certified shall be certified by the applicants that such documents are sent by them by appending their seal (for organizations) or signature (for individuals and business households) on each document.

2. If organization/individual has submit the conformable documents prescribed in the application for licenses to use radio frequencies in previous issuance procedures and such documents have received no change since then and are still in effect, then organization/individual may not submit such documents again.

3. An application for issuance, extension or modification of licenses to use radio frequencies shall be cancelled if:

a) 30 days after the day on which the request for supplementation is sent, the Radio Frequency Directorate receives no response from the applicant;

b) 30 days after the day on which the request for payment of the radio frequency charge and fee is sent, the applicant fails to pay charge and fee sufficiently to obtain a license.

Article 9. Receipt of application and licensing by electronic means

1. The receipt of application and the issuance, extension or modification of licenses to use radio frequencies by electronic means shall comply with the laws on e-transactions and the provision of this Circular on documents and procedures.

2. The information about issuance, extension and modification of licenses to use radio frequencies by electronic means is display on electronic information pages of Authority of Radio Frequency Management (www.cuctanso.vn and www.rfd.gov.vn).

Article 10. Payment of radio frequency use charge and fee and receipt of licenses

Organization/individual may obtain licenses only after paying sufficiently the fee for issuance, extension or modification of licenses and the radio frequency use charge according to regulations.

Chapter II

PROCEDURES FOR ISSUANCE, EXTENSION, MODIFICATION OR REVOCATION OF LICENSES TO USE RADIO FREQUENCIES

Section 1. ISSUANCE, EXTENSION OR MODIFICATION OF RADIO FREQUENCY AND DEVICE USE LICENSES

Article 11. Application for issuance, extension or modification of radio frequency and device use licenses applicable to amateur radio station

1. An application for a new issuance of the license shall include:

a) A declaration of application for radio frequency and device use license using form 1b in Appendix 2 of this Circular;

b) A certified true copy of the Certificate of amateur radio operator issued or recognized according to the Decision No. 18/2008/QĐ-BTTTT dated April 04, 2008 by the Minister of Information And Communications on promulgating regulations on amateur radio operations. The applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

c) A certified true copy of ID card or unexpired passport (applicable to individual applicants) An applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

2. An application for extension of the license shall be conformable with point a clause 1 of this Article.

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 12. Application for issuance, extension or modification of radio frequency and device use license applicable to fishing boat

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1c in Appendix 2 of this Circular;

b) A certified true copy of ID card or unexpired passport or the Certificate of fishing boat registration (applicable to individual applicants) An applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison; or,

A certified true copy of Certificate of business household registration (applicable to business household applicants). The applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

2. An application for extension shall be conformable with point a clause 1 of this Article.

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 13. Application for issuance, extension or modification of radio frequency and device use licenses applicable to broadcasting devices

1. Regarding press agencies:

a) An application for a new issuance shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- A copy of the license of broadcasting operation for the contents of broadcast (not applicable to the rerun of programs of Central agencies).

b) An application for extension of the license shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- A copy of the license of broadcasting operation for the contents of broadcast if the license submitted before is modified (not applicable to the rerun of programs of Central agencies).

c) An application for modification of the license shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- Documents explaining the to-be-modified contents (on requested).

2. Regarding providers of radio and television transmission and broadcasting services:

a) An application for a new issuance shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- A copy of the license of telecommunications network establishment (type of network: fixed terrestrial telecommunications network);

- A copy of the Certificate of registration of list of programs allowable to broadcast.

b) An application for extension of the license shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- A copy of the license of telecommunications network establishment (type of network: fixed terrestrial telecommunications network) if the issued license is modified;

- A copy of the Certificate of registration of list of programs allowable to broadcast (if the issued certificated is modified).

c) An application for modification of the license shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- Documents explaining the to-be-modified contents (on requested).

3. Regarding organization other than press agencies that broadcast radio program or re-broadcast public television programs:

a) An application for a new issuance shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- The permit from local Service of Information and Communications for the broadcasting of radio programs (indicating the to-broadcast programs), re-broadcasting of local television programs (indicating the to-broadcast programs); or,

The permit from the Department of Broadcasting, television and Electronic information control - the Ministry of Information and Communications for the rerun of radio and television programs of other local stations (not applicable to the re-broadcasting of Central radio or television programs).

b) An application for extension of the license shall include:

A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular.

c) An application for modification of the license shall include:

- A declaration of application for radio frequency and device use license using form 1d in Appendix 2 of this Circular;

- Documents explaining the to-be-modified contents (on requested).

Article 14. Application for issuance, extension or modification of radio frequency and device use licenses applicable to wireless radio broadcasting stations

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1đ in Appendix 2 of this Circular;

b) The permit from local Service of Information and Communications for the transmission through wireless radio broadcasting stations.

2. An application for extension shall be conformable with point a clause 1 of this Article.

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 15. Application for issuance, extension or modification of radio frequency and device use licenses applicable to microwave transmission lines

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1e in Appendix 2 of this Circular;

b) A copy of the relevant licenses of telecommunications network establishment.

2. An application for extension of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) A copy of the relevant licenses of telecommunications network establishment (if the issued license is modified).

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 16. Application for issuance, extension or modification of radio frequency and device use licenses applicable to internal radio communication networks and dedicated telecommunications networks using frequencies of mobile services

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1g in Appendix 2 of this Circular;

b) A copy of the license of dedicated telecommunications network establishment (no applicable to internal radio communication networks);

c) A certified true copy of ID card or unexpired passport (applicable to individual applicants) Applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison; or,

A certified true copy of Certificate of business household registration (applicable to business household applicants). The applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

2. An application for extension of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) A copy of the license of dedicated telecommunications network establishment (if the issued license is modified).

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 17. Application for issuance, extension or modification of radio frequency and device use licenses applicable to ship station (not applicable to satellite earth stations outside the GMDSS)

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1h in Appendix 2 of this Circular;

b) A certified true copy of ID card or unexpired passport (applicable to individual applicants) Applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison; or,

A certified true copy of Certificate of business household registration (applicable to business household applicants). The applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

2. An application for extension shall be conformable with point a clause 1 of this Article.

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 18. Application for issuance, extension or modification of radio frequency and device use licenses applicable to radio stations located on fishing boats

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1i in Appendix 2 of this Circular;

b) A certified true copy of ID card or unexpired passport (applicable to individual applicants) Applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison; or,

A certified true copy of Certificate of business household registration (applicable to business household applicants). The applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

2. An application for extension shall be conformable with point a clause 1 of this Article.

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 19. Application for issuance, extension or modification of radio frequency and device use licenses applicable to radio devices used for introduction of technologies at exhibitions or fairs

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1k in Appendix 2 of this Circular;

b) A copy of the permit for temporary import for re-export of radio devices that is issued by the Ministry of Information and Communications.

2. An application for extension shall be conformable with point a clause 1 of this Article.

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 18. Dossiers of request for issuance, extension or modification of radio frequency and device use licenses applicable to radio stations of foreign representative missions, foreign senior delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations

1. Regarding radio stations (except for satellite earth Stations) of foreign representative missions:

a) An application for a new issuance shall include:

- A declaration of application for a radio frequency and device use license using the corresponding form provided in Appendix 2 of this Circular;

- A copy of the relevant licenses of telecommunications network establishment;

- Written request from the Ministry of Foreign Affairs (for radio stations of diplomatic missions and consular offices).

b) An application for extension of the license shall include:

- A declaration of application for a radio frequency and device use license using the corresponding form provided in Appendix 2 of this Circular;

- A copy of the relevant licenses of telecommunications network establishment (if the issued license is modified).

c) An application for modification of the license shall include:

- A declaration of application for a radio frequency and device use license using the corresponding form provided in Appendix 2 of this Circular;

- Documents explaining the to-be-modified contents (on requested).

2. Regarding radio stations (except for satellite earth stations) of foreign senior delegations eligible for diplomatic privileges and immunities and foreign correspondents accompanying these delegations, foreign representative agencies whose licenses are applied for by a delegation or a receiving body:

a) An application for a new issuance shall include:

- A declaration of application for radio frequency and device use license using form 1k in Appendix 2 of this Circular;

- Written request of governing body welcoming the delegations.

b) An application for extension of the license shall include:

A declaration of application for radio frequency and device use license using form 1k in Appendix 2 of this Circular.

c) An application for modification of the license shall include:

- A declaration of application for radio frequency and device use license using form 1k in Appendix 2 of this Circular;

- Documents explaining the to-be-modified contents (on requested).

Article 21. Application for issuance, extension or modification of radio frequency and device use licenses applicable to satellite earth stations (except for satellite earth stations located on seagoing ships of the GMDSS)

1. An application for a new issuance includes:

a) A declaration of application for radio frequency and device use license using form 1m in Appendix 2 of this Circular;

b) A copy of the relevant licenses of telecommunications network establishment; or,

A notarized or certified copy (or a copy enclosed with the original for comparison, applicable to applications which are submitted directly) of the satellite communication service use contract (applicable to independent satellite earth stations of users of satellite communication services of telecommunications enterprises licensed by the Ministry of Information and Communications); or,

A copy of the license for the provision of satellite radio or television transmission and broadcasting services (applicable to press agencies and providers of radio or television transmission and broadcasting services); or,

A copy of the Establishment Decision or Certificate of Enterprise registration or investment certificate (applicable to organizations conducting business at sea, multinational companies, governmental agencies, software development zones and hi-tech zones using regional or international satellites); or,

A certified true copy (or a copy enclosed with the original for comparison, applicable to applications which are submitted directly) of the document issued by a competent agency (applicable to organizations that are licensed to carry out aviation or maritime safety assurance activities according to the regulations of the International Civil Aviation Organization (ICAO) or the International Maritime Organization (IMO) and use regional or international satellites).

2. An application for extension of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) A copy of any of the paper specified in point b clause 1 of this Article (if such paper is modified)

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 18. Application for issuance, extension or modification of radio frequency and device use licenses applicable to fixed stations coast stations (not communicating with satellites), separate devices and cases not specified in Articles 11 to Article 21 of this Circular

1. An application for a new issuance includes:

a/ A declaration of application for radio frequency and device use license using form 1a in Appendix 2 of this Circular;

b) A copy of the relevant licenses of telecommunications network establishment;

c) A certified true copy of ID card or unexpired passport (applied to individual applicants) Applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison; or

A certified true copy of Certificate of business household registration (applied to business household applicants). The applicant who submits directly the application may submit only the copy of the Certificate and present the original for comparison;

2. An application for extension of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) A copy of the relevant licenses of telecommunications network establishment (if the issued license is modified).

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 23. Time limit for issuance of radio frequency and device use licenses

1. With regard to applications for licenses for amateur radio stations, ship stations or radio stations located on fishing boats, the Authority of Radio Frequency Management shall carry out the issuance, extension or modification of licenses within 10 working days from the day on which the sufficient and conformable application is received.

With regard to applications for licenses for other cases, the Authority of Radio Frequency Management shall carry out the issuance, extension or modification of licenses within 20 working days from the day on which the sufficient and conformable application is received.

2. If an application for issuance or modification of a licenses to use radio frequencies that is sent by the same organization/individual within 20 working days indicates a quantity of radio frequency to be assigned exceeding 100, then the Radio Frequency Directorate shall make a written notification containing the explanation and the scheduled time for handling the case (within 6 months at the longest) to the applicant.

3. If the application is not satisfactory, within 5 working days from the day on which the application is received, the Authority of Radio Frequency Management shall send the applicant a written response containing notification and guidance on completion.

4. If the application is rejected, the Authority of Radio Frequency Management shall send the applicant a written notification containing the explanation within the time specified in clauses 1 and 2 of this Article.

5. In case frequencies need to be changed because harmful interference cannot be handled, the time limit for licensing is not exceeding 10 working days from the day on which the conclusion on handling of harmful interference is obtained.

Article 24. Agencies receiving application and delivering licenses

Applicant for radio frequency and device use license shall submit the application and receive the license at any of the following agencies:

1. Authority of Radio Frequency Management.

2. Radio Frequency Control Centers affiliated to the Authority of Radio Frequency Management.

3. Other coordinating agencies authorized by the Authority of Radio Frequency Management. List of the coordinating agencies is specified on websites of Authority of Radio Frequency Management.
Address of such agencies are specified in Appendix 2 of this Circular or on the websites of the Authority of Radio Frequency Management (www.cuctanso.vn and www.rfd.gov.vn)

Section 2. ISSUANCE, EXTENSION OR MODIFICATION OF LICENSES TO USE FREQUENCY BANDS

Article 25. Application for issuance, extension or modification of licenses to use frequency bands

1. An application for a new issuance includes:

a) Any organization that wins auction or is selected to have the radio frequency use right is not required to submit application for the license to use frequency bands and may obtain such license after being issued with a relevant telecommunications license.

b) An application applicable to organizations eligible for direct licensing includes:

- A declaration of application for license to use frequency bands using form 2 in Appendix 2 of this Circular;

- A copy of the relevant licenses of telecommunications;

2. An application for extension of the license shall include:

a) A declaration of application for license to use frequency bands using form 2 in Appendix 2 of this Circular;

b) A copy of the relevant licenses of telecommunications (if the issued license is modified).

3. An application for modification of the license shall include:

a) A declaration of application for license to use frequency bands using form 2 in Appendix 2 of this Circular;

b) Documents explaining the to-be-modified contents (on requested).

Article 26. Time limit for issuance of licenses to use frequency bands

1. Authority of Radio Frequency Management is in charge of the issuance, extension, modification of frequency band license as follows:

a) In case of auction or examination for selection of those to have the radio frequency use right: A new license shall be issued within 20 working days from the day on which the organization wins auction or is selected to obtain a telecommunications license; a license shall be extended or modified within 60 working days after the day on which the satisfactory application is received.

This provision is not applicable if there are different provisions in the Regulation on auction or selection examination.

b) In case of direct licensing: the issuance, extension, modification of the license shall be carried out within 60 working days from the day on which the sufficient and conformable application is received.

2. If the application is not satisfactory, within 5 working days from the day on which the application is received, the Authority of Radio Frequency Management shall send the applicant a written response containing notification and guidance on completion.

3. If the application is rejected, the Authority of Radio Frequency Management shall send the applicant a written notification containing the explanation within the time specified in clause 1 this Article.

Article 27. Agencies receiving application and delivering licenses to use frequency bands

Agencies receiving application and delivering licenses to use frequency bands: Authority of Radio Frequency Management (address: 115 Tran Duy Hung Street, Cau Giay District, Ha Noi).

Section 3. ISSUANCE, EXTENSION OR MODIFICATION OF SATELLITE LICENSES TO USE SATELLITE ORBIT AND FREQUENCIES

Article 28. Application for issuance, extension or modification of satellite licenses to use satellite orbit and frequencies

1. An application for a new issuance includes:

a) A declaration of application for satellite license to use satellite orbit and frequencies using form 3 in Appendix 2 of this Circular;

b) A copy of the relevant licenses of telecommunications network establishment.

2. An application for extension of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) A copy of the relevant licenses of telecommunications network establishment (if the issued license is modified).

3. An application for modification of the license shall include:

a) A declaration specified in point a, Clause 1 of this Article;

b) Documents explaining the to-be-modified contents (on requested).

Article 29. Time limit for issuance of the licenses

1. The Authority of Radio Frequency Management shall examine and carry out the issuance, extension or modification of licenses within 40 working days from the day on which the sufficient and conformable application is received.

2. If the application is not satisfactory, within 5 working days from the day on which the application is received, the Authority of Radio Frequency Management shall send the applicant a written response containing notification and guidance on completion.

3. If the application is rejected, the Authority of Radio Frequency Management shall send the applicant a written notification containing the explanation within the time specified in clause 1 this Article.

Article 30. Agencies receiving application and delivering licenses

Agencies receiving application and delivering satellite license to use satellite orbit and frequencies: Authority of Radio Frequency Management (address: 115 Tran Duy Hung Street, Cau Giay District, Ha Noi).

Section 4. REVOCATION OF LICENSES TO USE RADIO FREQUENCIES

Article 31. Revocation of licenses to use radio frequencies

1. The revocation of licenses to use radio frequencies of entities committing violations against the regulations on radio frequencies according to the provisions in clause 1 Article 23 of the Law on radio frequencies as follows:

a) For cases specified in Points a and b, Clause 1, Article 23 of the Law on Radio Frequency, the revocation of licenses to use radio frequencies shall be in accordance with decisions of the Courts or competent state agencies.

b) For cases specified in Points c, d and e Clause 1, Article 23 of the Law on Radio Frequency, the revocation of licenses to use radio frequencies shall be in accordance with the conclusion of the inspection or the result of radio frequency examination or the decision of the Courts.

c) For cases specified in point dd point 1 Article 23 of the Law on Radio frequency, if after 60 days from the day on which the competent agency sends the organization/individual the notification of request for charges and fees of radio frequencies or other financial obligations and such organization/individual does not comply with such request, then the revocation of the licenses to use radio frequencies shall be carried out.

d) For cases specified in point g clause 1 Article 23 of the Law on Radio frequency, the revocation of the licenses to use radio frequencies shall be in accordance with the decision of the revocation of relevant telecommunications licenses and broadcasting operation licenses.

2. Organization/individual shall stop using radio frequencies or devices according to the Decision of radio frequency license revocation of the Authority of Radio Frequency Management.

3. List of organizations and individuals with revoked licenses to use radio frequencies and reasons for such revocation shall be displayed on the website of Authority of Radio Frequency Management.

Chapter III

LEASE OR LENDING OF RADIO DEVICES

Article 32. Lease or lending of radio devices

1. Owners of seagoing ships, aircraft, river-going ships, fishing boats, amateur radio stations and other vehicles with radio devices (except for satellite earth stations) may lease out or lend out their licensed radio devices to other organizations/individuals for operation.

2. Lessors/lenders and lessees/borrowers of radio devices shall comply with the regulation in radio frequency and device use licenses, the law on radio frequency and other relevant laws. Their violations against the law on radio frequency shall be handled according to regulations.

3. Lessors/lenders of radio devices shall:

a) Ensure that lessees/borrowers of radio devices are outside the list of those with revoked licenses to use radio frequencies published according to Clause 3 Article 31 of this Circular;

b) Examine and retain during the lease or lending period and 1 year after lease or lending activities the following documents:

- Certified true copies of ID cards or unexpired passports of the individual lessees/borrowers; or,

- Certified true copies of the Establishment Decisions or the Certificates of Enterprise registration or the investment certificates of institutional lessees/borrowers;

- Certified true copy of radio operator certificates of lessees/borrowers;

- Contracts on lease or lending of radio devices.

Article 33. Conditions for lease or borrowing of radio devices

Organizations/individuals leasing/borrowing radio devices shall satisfy the following conditions:

1. Any leasees/borrowers of radio devices shall be a Vietnamese organization or citizen; a foreign organization lawfully operating in Vietnam; or a foreigner using amateur radio stations.

2. Any direct operator of radio devices in the maritime or aeronautical mobile service or amateur radios of lessees/borrowers shall have the radio operator certificate.

3. Any lessees/borrowers of radio devices shall be outside the lists of those with revoked licenses to use radio frequencies published according to Clause 3, Article 31 of this Circular.

Article 34. Contracts on lease or lending of radio devices

1. In addition to complying with relevant laws, a contract on lease or lending of radio devices must contain:

a) Name, address and telephone number of the lessee/borrower;

b) Serial number of the radio frequency and device use license;

c) Frequencies used and time of communication;

d) Lease/lending duration;

dd) Date of handover of radio devices.

2. In case of any change in the radio frequency and device use license or in the information specified in Clause 1 of this Article, the contract shall be modified.

3. Within 7 working days after the day on which the contract on lease/lending of radio devices is modified or cancelled, the lessor/lender shall send a written notification containing the reason for such modification/cancellation to local Radio Frequency Control Center.

Article 35. Procedures for lease or lending of radio devices

1. Lessors/lenders of radio devices shall make lease/lending dossiers. Each dossies shall include:

a) A written notification of the lease/lending, using the form in Appendix 4 of this Circular;

b) The lease/lending contract.

2. At least 5 working days before the day on which the radio devices are handed over to lessees/borrowers, lessors/lenders shall send the lease/lending dossier to local Radio Frequency Control Center.

3. Procedures for lease and borrowing of amateur radio devices for communication in places other than those specified in licenses and the relocation of amateur radio stations to other localities for operation shall comply with the provisions in Point d Clause 7 Article 21 Decision No. 18/2008/QĐ-BTTTT dated April 4, 2008 by the Minister of Information And Communications promulgating the Regulation on amateur radio operations.

Chapter IV

SHARED USE OF RADIO FREQUENCY

Article 36. Cases subject to shared use of radio frequency

Apart from cases subject to shared use of radio frequency according to the regulations of the International Telecommunication Union, users of radio frequency and devices in the following cases shall share the use of radio frequency with other organizations/individuals according to the regulation in radio frequency and device use licenses:

1. Dedicated telecommunications networks using radio frequency of mobile services with a generating capacity of 10W or less (not applicable to radio communication networks using radio frequency and devices dangerous to human life; internal radio communication networks);

2. Radio stations communicating with fishing boats;

3. Coast stations (without Licenses to provide telecommunications services).

Article 37. Regulation on operation on shared-used frequencies

1. The principle that conversations only serve public duties and proper entities for the purposes indicated in licenses shall be complied.

2. Calls shall be made only when radio frequency channels are free without any users, unless such calls are related to emergency or human life safety.

3. Call signs indicated in radio frequency and device use licenses shall be used.

4. The shortest communication duration shall be ensured with each conversation not exceeding 5 minutes.

Article 38. Process of operation on shared-used frequencies

1. Before transmitting, frequencies to be transmitted shall be listened carefully to ensure that these frequencies are free.

2. Call signs shall be transmitted at the beginning and end of each call.

3. Reserve frequencies (indicated in licenses to use radio frequencies) may be used in cases main assigned frequencies are brooked with interference or being used by other organizations or individuals.

Article 39. Responsibilities of shared users of frequencies

1. Use codes or other technical measures to keep information confidentiality based on ciphers granted by the Authority of Radio Frequency Management (applicable to organizations/individuals that wish to use codes).

2. Notify the Authority of Radio Frequency Management when detecting illegal operation on shared-used frequencies.

3. Refrain from intentional collecting and using information received from other radio stations that share the use of radio frequency.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 40. Effect

1. This Circular comes into effect from May 08, 2015 and replaces the Circular No. 24/2010/TT-BTTTT dated October 28, 2010 by the Minister of Information And Communications.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications (via Authority of Radio Frequency Management) for consideration and modification./.