Thông tư 18/2014/TT-BTTTT

CIRCULAR

DETAILING THE IMPLEMENTATION OF THE DECREE NO. 187/2013/NĐ-CP DATED NOVEMBER 20, 2013 OF THE GOVERNMENT ON GRANT OF LICENSES TO IMPORT RADIO TRANSMITTERS AND TRANSCEIVERS

Pursuant to the Law on Telecommunications dated November 23, 2009;

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

Pursuant to the Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding to implement some articles of the Law on Telecommunications;

Pursuant to the Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the commercial law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;

Pursuant to the Decree No 132/2013/NĐ-CP dated October 16, 2013 of the Government prescribing functions, responsibilities, powers and organizational structures of the Ministry of Information and Communications;

Pursuant to Decision No 41/2005/QD-TTg dated March 2, 2005 of the Prime Minister promulgating the Regulation on permitting goods import;

At the request of the Director of Vietnam Telecommunications Authority,

The minister of the Ministry of Information and Communications promulgates Circular detailing the implementation Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government on grant of licenses to import radio transmitters and transceivers.

Chapter I

GENERAL PROVISONS

Article 1. Scope and regulated entities

1. This circular prescribes the conditions, procedures for issuance of import license, cases in which import licenses are exempt, a list of specific microwave devices with HS codes; radio transmitters and transceivers having frequency band from 9 KHz to 400 GHz and the power of 60 mW or above (hereafter referred to as radio transmitters and transceivers) under the management of the Ministry of Information and Communications.

2. This circular applies to organizations and individuals that import (hereafter referred to as the importers) radio transmitters and transceivers provided in Article 2 to this Circular.

3. Other regulations of the Government and the Prime Minister shall apply to radio transmitters and transceivers that are movable assets, serving the need of individuals with diplomatic status and personal luggage under laws.

4. Temporary import for re-export radio transmitters and transceivers shall comply with Decree No 187/2013/NĐ-CP dated November 20, 2013 and guidelines of Ministry of Industry and Trade.

Article 2. Radio transmitters and transceivers that are required import licenses

1. The list of radio transmitters and transceivers that require import licenses is provided in Appendix I hereof. This document only applies to the radio transmitters and transceivers of which the HS codes and description are the same as those in the list.

2. Radio transmitters and transceivers with import licenses are finished devices with technical features and description in accordance with specifications and designs, can work independently. Import licenses are not required for spare parts and accessories of such devices.

Article 3. Cases in which import licenses are exempt

Radio transmitters and transceivers mentioned in Appendix I hereof are exempt from import licenses in the following cases:

1. Radio transmitters and transceivers of: Diplomatic mission, consular posts, representative offices of international organizations in Vietnam; high-ranking foreign delegations that visit Vietnam and are provided with privileges and diplomatic immunities; foreign reporters who do not reside in Vietnam (possessing licenses for press activities issued by the Ministry of Foreign Affairs).

Radio transmitters and transceivers mentioned in this clause are exempted from import licenses. When using them, it is compulsory to have licenses to use radio frequencies issued by the Radio Frequency Department.

2. Terrestrial mobile phone (satellite mobile phone is not exempt import licenses) consigned with or without the passengers on entry or imported by post, or via international delivery services to serve personal purpose; terrestrial cell phones are temporarily imported for re-export for the purpose of repair, replacement provided they are still under warranty according to the import contract.

Article 4. The effect of import licenses

Import licenses used for importing specific goods on licenses; take the effect until the customs clearance is granted, the amount of goods shall not exceed that written on the import licenses; goods must be imported within the effective period by the expiration date of the certificate of conformity or the commercial contract.

Article 5. Fees for issuance and reissuance of import licenses

Importers shall pay fees for issuance or reissuance of import licenses as prescribed in the current laws.

Chapter II

PROCEDURES FOR ISSUANCE OF LICENSES TO RADIO TRANSMITTERS AND TRANSCEIVERS

Article 6. Import conditions

Radio transmitters and transceivers must:

1. Be conformable with the standards issued or imposed by the Ministry of Information and Communications; be suitable for the installation place and conformable with regulations on telecommunication management.

2. Be conformable with Radio frequency planning, regulations on radio frequency and import purposes.

With regard to devices which do not meet the above requirements or are imported to serve special purposes, guidance of the Ministry of Information and Communications shall apply on a case-by-case basis.

Article 7. Issuers of the import licenses

Import licenses of radio transmitters and transceivers are issued by the Vietnam Telecommunications Authority, which is affiliated to the Ministry of Information and Communications.

Article 8. Procedures for issuance of import licenses

1. One (01) set of application documents for import licenses (hereinafter referred to as application) includes:

a) The application form for the import licenses using Form 01 Appendix II in this Circular;

b) Documents proving the legal status (Business certificate, Establishment license or Investment license), ID/ passport: authenticated copies. The originals must be presented for comparison if the copies are not authenticated;

c) Certificate of conformity: copies bearing the importer’s confirmation;

d) Devices’ technical materials: copies bearing the importer’s confirmation;

e) Commercial invoice showing names, symbols, the number of import electronic radio transmitters and transceivers: authenticated copies. The originals must be presented for comparison if the copies are not authenticated;

f) Commercial contract, documentary evidence or bill of lading with signatures, symbols, the number of import radio transmitters and transceivers: authenticated copies. The originals must be presented for comparison if the copies are not authenticated;

2. Application receivers:

Applications shall be submitted directly or sent by post the Vietnam Telecommunications Authority. The address, phone number and fax number of the Vietnam Telecommunications Authority are posted on the website: www.vnta.gov.vn.

The result will be returned where the application is submitted or sent by post.

3. Procedures and time limit for issuance of import licenses:

a) Procedures for issuance of an import licenses:

When receiving the application which is submitted directly at the Vietnam Telecommunications Authority, or within 03 working days from the day on which the Vietnam Telecommunications Authority receives the application which is sent by post, the Vietnam Telecommunications Authority shall examine the application and request the importer to complete the application if it is not conformable with the Clause 1 of this Article. If the importer fails to complete the application as requested, the Vietnam Telecommunications Authority shall issue a notice to reject the application.

b) Time limit for issuing the import license:

Within 07 working days from the day on which the Vietnam Telecommunications Authority receives the valid application, Vietnam Telecommunications Authority will consider and issue the import licenses using the form in Appendix III of this Circular. If the application is rejected, Vietnam Telecommunications Authority shall notify in written the importer and provide explanation.

Article 9. Reissuance of import licenses

1. The importer may request the reissuance of the import license in the following cases:

a) The import license is lost or damaged but still unexpired and the procedures for customs clearance of the licensed shipment are not completed.

b) The certificate of conformity expires;

c) Changes are made to the certificate of conformity;

d) The number of import radio transmitters and transceivers, the purpose of import, or the seller on the import licenses is changed.

2. The procedures for reissuance of import licenses:

a) One (01) set of application for reissuance of the import license includes:

- The application form for the import license using Form No. 02 Appendix II in this Circular;

- Copies of documents relating to the changes of the import license contents.

Applications for reissuance of import licenses shall be sent by post or submitted directly to Vietnam Telecommunications Authority. The address, phone number and fax number of Vietnam Telecommunications Authority are posted on the website: www.vnta.gov.vn.

The result will be returned at the place receiving documents or sent by post.

c) The time limit for issuing the import license: within 05 days from the day on which Vietnam Telecommunications Authority receives the valid application, Vietnam Telecommunications Authority will consider and reissue the import license using the form in Appendix III of this Circular.

Chapter III

IMPLEMENTATION

Article 10. Implementation

1. This Circular takes effect from January 16, 2015.

2. Licenses to import radio transmitters and transceivers granted in accordance with the Circular No. 14/2011/TT-BTTTT dated June 7, 2011 shall remain effective until their expiration dates.

3. This Circular replaces Clause 2 and Clause 3 Article 2 Chapter I; Clause 1,3 and 4 Article 3 Chapter I; Clause 2 Article 4 Chapter I; Section 2 Chapter II; Appendix II; Form No. 04, Form No. 05 and From No. 06 Appendix III of the Circular No. 14/2011/TT-BTTTT dated June 7, 2011 of the Ministry of Information and Communications providing guidance on Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government to good under specialized management of the Ministry of Information and Communications.

4. The Chief, the Director of the Telecommunications Department, the units’ Leader of the Ministry of Information and Communications and relating organizations and individuals shall implement this Circular.

5. Any issue or difficulty that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for timely resolution./.

APPENDIX I

THE LIST OF RADIO TRANSMITTERS AND TRANSCEIVERS THAT ARE REQUIRED IMPORT LICENCES
(Promulgating enclosed the Circular No. 18/2014/TT-BTTTT dated November 26/2014 of the Ministry of Information and Communications)