Circular No. 03/2012/TT-BTTTT dated March 20, 2012 of the Ministry of Information and Communications providing the list of radio devices exempt from radio frequency use licensing and accompanying technical and operation conditions

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 03/2012/TT-BTTTT of March 20, 2012, providing the list of radio devices exempt from radio frequency use licensing and accompanying technical and operation conditions

Pursuant to the November 23, 2009 Law on Radio Frequency;

Pursuant to the Government’s Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, amending and supplementing the Government’s Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the director of the Radio Frequency Directorate;

The Minister of Information and Communications promulgates the circular providing the list of radio devices exempt from radio frequency use licensing and accompanying technical and operation conditions.

Article 1. Scope of regulation and subjects of application

1. This Circular provides the list of radio devices exempt from radio frequency use licensing and accompanying technical and operation conditions for three groups of radio devices:

a/ Short range devices with limited capacity;

b/ Devices placed on fishing vehicles with a frequency band between 26.96 MHz and 27.41 MHz;

c/ Radio receivers.

2. This Circular applies to organizations and persons that manage, use, manufacture, import or trade in for use in Vietnam radio devices provided in Clause 1 of this Article.

3. This Circular does not apply to radio devices which are manufactured or imported by armed forces for defense or security purposes. The manufacture, import and use of radio devices for these purposes shall be provided by the Ministry of National Defense or the Ministry of Public Security in conformity with corresponding national technical regulations.

Article 2. General conditions

1. Radio devices that satisfy technical and operation conditions provided in corresponding Appendices (No. 2 thru 12) to this Circular (not printed herein) are exempt from radio frequency use licensing.

2. Devices specified at Points 2.1 and 2.5 of Appendix 9 to this Circular with a capacity exceeding the corresponding level provided at Point 3.1 of Appendix 9 to this Circular, devices specified at Point 2.4 of Appendix 5 to this Circular with a capacity exceeding the corresponding level provided at Point 3.1.3 of Appendix 5 to this Circular, and devices specified at Points 2.1 and 2.2 of Appendix 11 to this Circular with a capacity exceeding the level provided at Point 3.1 of Appendix 11 to this Circular may be used only when having a license for radio frequency use.

3. License-free radio devices must not cause harmful interference to radio devices licensed for radio frequency use or radio devices licensed for operation by management agencies and must tolerate interference from other radio devices.

When a license-free radio device causes harmful interference, its owner shall immediately stop using it and may resume its operation only after having remedied such interference.

4. License-free radio devices must tolerate interference caused by devices using radio frequency energy for industrial, scientific and medical (ISM) purposes when they use of the following ISM frequency bands:

a/ Frequency band 13.553 ÷ 13.567 MHz;

b/ Frequency band 26.957 ÷ 27.283 MHz;

c/ Frequency band 40.66 ÷ 40.70 MHz;

d/ Frequency band  2400 ÷ 2483.5 MHz;

e/ Frequency band 5725 ÷ 5875 MHz;

f/ Frequency band 24000 ÷ 24500 MHz.

5. Manufacturers and importers of the radio devices provided in Clause 1, Article 1 of this Circular shall announce and assure their devices’ conformity with technical and operation conditions provided in corresponding Appendices (No. 2 thru 12) to this Circular.

6. The manufacture and import of radio devices exempt from radio frequency use licensing must also comply with the laws on import and regulation conformity certification and announcement.

Article 3. Implementation provisions

1. This Circular takes effect on May 10, 2012.

2. To annul the Information and Communications Minister’s Circular No. 36/2009/TT-BTTTT of December 3, 2009, providing technical and operation conditions for conditional use of short range radio devices, and the Post and Telematics Minister’s Decision No. 09/2006/QD-BBCVT of April 10, 2006, providing technical and operation conditions for conditional use of radio devices placed on fishing vehicles.

3. Radio devices used before the effective date of this Circular which fail to comply with this Circular may operate no longer than 3 years after the effective date of this Circular or must not operate if causing harmful interference to lawfully operating radio devices and radio device systems.

4. The chief of the Ministry Office, the director of the Radio Frequency Directorate, heads of agencies and units under the Ministry of Information and Communications and related organizations and persons shall implement this Circular.

5. Any problems arising in the course of implementation should be promptly reported to the Ministry of Information and Communications for guidance or consideration and revision.

Minister of Information and Communications
NGUYEN BAC SON

Appendix 1

List of radio devices exempt from radio frequency use licensing

(To the Information and Communications Ministry's Circular No. 03/2012/TT-BTTTT of March 20, 2012)

 ¹ Fishing vehicles include fishing vessels or boats and other mobile or immobile vehicles at sea used to fish, process, culture or collect aquatic products, provide logistic services, or survey, explore, inspect, control or protect aquatic resources.-