1. Earth station means a station located on the surface of the earth or in the main part of the earth's atmosphere used to communicate with one or more space stations or with one or more stations of the same type through one or more reflecting satellites or other objects in space.

2. Space station means a station located on an external object, tending to go outside or already outside the main part of the earth's atmosphere.

3. Amateur station means a station in the amateur service.

4. Fixed station means a station in the fixed service.

5. Mobile station means a station in the mobile service used while in motion or during halts at unspecified points.

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

7. Ship station means a mobile station using frequencies of the maritime mobile service which is located on a ship, boat or another floating craft or on simulation models to serve other teaching and research.

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

9. 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.

10. Coast station means is a land station used in the maritime mobile service.

11. Wireless radio broadcasting station means a radio transmitter that transmits audio signals to wireless speakers.

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

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

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

15. Global Maritime Distress Safety System (GMDSS) means the maritime information system adopted by the meeting of the member countries of the International Maritime Organization in 1988 on the basis of supplementing and amending Chapter IV, the International Convention for the Safety of Life at Sea - SOLAS 74.

Article 3. Agency granting the radio frequency use license

1. The Authority of Radio Frequency Management under the Ministry of Information and Communications shall grant, renew, re-grant, amend, supplement and revoke the radio frequency use license for cases other than those specified in Clause 2 of this Article.

2. The Regional Radio Frequency Center under the Authority of Radio Frequency Management shall grant, renew, re-grant, amend, supplement and withdraw radio frequency and equipment use licenses for radio station located on a fishing boat, wireless radio broadcasting station, internal radio communication network and cases of using radio equipment for a period of less than 15 (fifteen) days at festivals, events, exhibitions, fairs.

            Article 4. Grant of radio frequency use licenses

            1. For direct licensing, a dossier of application for a license shall be made in 1 (one) set. Organizations and individuals that submit complete and correct dossiers first shall be considered for licensing first.

            For licensing through auction or examinations to select entities eligible for the right to use a radio frequency, the law on auctions and examinations shall be complied with.

            2. For radio frequency use license granted for the first time, the term of the license is granted at the request of an organization or individual, but does not exceed 10 (ten) years for radio frequency and equipment use licenses, 15 (fifteen) years for frequency band use license, 20 (twenty) years for frequency and satellite orbit use licenses and ensure compliance with radio frequency master plans. The total of the first-time validity duration and validity duration extensions of a license must not exceed the maximum validity duration prescribed for each kind of license. In case the first-time validity duration of a license is equal to the maximum validity duration prescribed for the relevant kind of license, only an extension of up to 01 (one) year may be permitted.

3. Organizations and enterprises licensed to use frequency bands shall regularly report to the Authority of Radio Frequency Management the list of radio transmitting equipment in a radio communication network (under the form prescribed in the Appendix III of this Circular) before December 31 of each year and irregularly report at the request of the Authority of Radio Frequency Management.

4. For cases of international registration and coordination in radio frequencies as prescribed in Article 41 of the Law on Radio Frequencies, during the registration and coordination in accordance with the provisions of the International Telecommunications Union, the Authority of Radio Frequency Management only considers granting a temporary license. Organizations and individuals must suspend operation if the registration or coordination fails. The official licensing shall be based on the results of international registration and coordination in radio frequencies with the International Telecommunications Union.

5. The form of radio frequency use license is specified in Appendix I of this Circular.

            Article 5. Extension, modification and supplementation of the radio frequency use license

            1. At least 30 (thirty) days before the expiration of the radio frequency and equipment use licenses, 60 (sixty) days before the expiration of the frequency band use license and the frequency and satellite orbit use licenses, organizations and individuals must submit a dossier of request for extension of the radio frequency use license under regulations. An extended license will only have its validity duration prolonged with other details kept unchanged.

            2. In case of failure to comply with the time limit specified in Clause 1 of this Article, the organizations and individuals that wish to continue using frequencies shall carry out procedures like for new licenses.

            3. When the license remains valid, an organization or individual that wishes to have its contents (except validity) amended or supplemented shall compile a dossier of request for such modification or supplementation of the license content in accordance with regulations.

            4. Organizations and individuals may apply for license extension in combination with amendments and supplements to the license content, in accordance with the provisions of Clauses 1 and 3 of this Article.

            Article 6. Cessation of radio frequency use license

            1. During the validity period of the license, if the organizations or individuals no longer need to use radio frequencies, equipment and satellite orbits, they shall send directly or by post or through an online public service a written notice to the Authority of Radio Frequency Management under the form of Notice of Cessation of Use specified in the Appendix IV of this Circular.

            2. The telecommunications enterprises that use radio frequencies, equipment and satellite orbits to provide telecommunications services, before sending a notice on cessation of use of frequencies to the Authority of Radio Frequency Management, must complete the procedures to stop providing telecommunications services for relevant radio frequencies in accordance with the laws on telecommunications.

            Article 7. Re-grant of radio frequency use license

            In case the radio frequency use license is lost or damaged, the licensed organizations, individuals must send a written request for re-grant of the radio frequency use license to the agency granting radio frequency use licenses in accordance with regulations.

            Article 8. Regulations on dossiers of application for grant, extension, re-grant, modification and supplementation of contents of radio frequency use license

            1. Organizations and individuals applying for licenses are responsible before law for the accuracy and legitimacy of documents and contents declared in the dossiers.

            Documents in the dossiers which are not required by this Circular to be notarized or certified shall be certified by the applicants as documents sent by them through appending their stamps on (for organizations) or signing (for individuals or business households) each document, except for filing through the online public service portal. In case a document has many sheets, it must be sealed or signed for certification on each page.

            2. When the agency granting radio frequency use license can look up information on the citizen identification or the identity card or the certificate of business household registration on the national population database, National business registration database, organizations and individuals are not required to submit the above documents in the dossiers specified in Chapter II of this Circular. The specific application time of this regulation is publicly announced on the website of the Authority of Radio Frequency Management at www.cuctanso.vn.

            3. Organizations and individuals applying for licenses shall submit dossiers and receive licenses in person, or by post or through the online public service system. The application of the form of electronic licensing for grant, extension, re-grant, modification and supplementation of the radio frequency use license through the online public service portal is publicly announced on the website of the Authority of Radio Frequency Management.

            4. Organizations and individuals are not required to resubmit the documents specified in the license application dossier submitted in the previous license application if the documents are still valid and there is no change in its content.

            5. Dossier of application for a license shall not be processed in the following cases:

            a) After 30 (thirty) days from the date of sending the notice of request for dossier supplementation and completion, the agency granting radio frequency use license receives no supplemented and completed dossier from the organizations and individuals.

            b) After 30 (thirty) days from the date of sending the notice of payment of fees and charges for the use of radio frequencies, organizations or individuals fail to fully fulfill their obligations of fees and charges as prescribed in order to receive the license.

             Article 9. Payment of fees and charges for use of radio frequencies and receipt of licenses

Organizations and individuals may only receive licenses when they have fully paid the fees and charges for using radio frequencies as prescribed.

Article 10. Agencies receiving dossiers and delivering licenses

1. Organizations and individuals that request the grant, extension, re-grant, modification and supplementation of contents of the radio frequency and equipment use licenses shall submit a dossier and receive the license at one of the following agencies:

a) The Authority of Radio Frequency Management;

b) The Regional Radio Frequency Centers under the Authority of Radio Frequency Management;

c) Other coordinating agencies authorized by the Authority of Radio Frequency Management. The list of coordinating agencies is announced on the website of the Authority of Radio Frequency Management.

2. Organizations and enterprises that request the grant, extension, re-grant, modification and supplementation of contents of the frequency band use license, frequency and satellite orbit use licenses shall submit dossiers and receive the license at the Authority of Radio Frequency Management.

CHAPTER II

PROCEDURES FOR GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION, RE-GRANT, WITHDRAWAL OF RADIO FREQUENCY USE LICENSE

Section 1

GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION OF CONTENTS OF RADIO FREQUENCY AND EQUIPMENT USE LICENSES

Article 11. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for amateur station

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1b specified in Appendix II of this Circular;

b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of the amateur radio operator's certificate;

c) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of the valid citizen identification or identity card or passport for individual applicants.

            2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 12. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for radio station located on a fishing boat

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1c specified in Appendix II of this Circular;

 b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the following papers:

Valid citizen identification or identity card or passport or certificate of registration of fishing boat (for individual applicants); or

Certificate of business household registration (for applicants as business households).

c) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of the satellite information service use contract between the fishing boat’s owner and the telecommunications enterprise licensed by the Ministry of Information and Communications (for satellite tracking devices for fishing boats).

            2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 13. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for radio and television equipment

1. A dossier of application for a new license includes a declaration of general information and a declaration of technical and operation specifications, made according to form 1d specified in Appendix II of this Circular;

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed in Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 14. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for wireless radio broadcasting station

1. A dossier of application for a new license includes a declaration of general information and a declaration of technical and operation specifications, made according to form 1dd specified in Appendix II of this Circular.

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed in Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 15. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for microwave transmission lines

1. A dossier of application for a new license includes a declaration of general information and a declaration of technical and operation specifications, made according to form 1e specified in Appendix II of this Circular.

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed in Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 16. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for internal radio communication network, dedicated telecommunications network using frequencies of mobile services

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1g specified in Appendix II of this Circular;

b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the following documents:

Valid citizen identification or identity card or passport (for individual applicants); or

Certificate of business household registration (for applicants as business households).

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 17. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for ship stations (not applicable to radio stations not under the GMDSS system)

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1h specified in Appendix II of this Circular;

b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the following papers:

Valid citizen identification or identity card or passport (for individual applicants); or

Certificate of business household registration (for applicants as business households); or

The Decision stipulating the functions, tasks, powers and organizational structure (for training institutions using marine radio frequencies and equipment on ship station simulation models).

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 18. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for radio station communicating with a fishing boat

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1i specified in Appendix II of this Circular;

b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the following papers:

Valid citizen identification or identity card or passport (for individual applicants); or

Certificate of business household registration (for applicants as business households).

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 19. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for radio equipment used at festivals, events, exhibitions and fairs

1. A dossier of application for a new license includes a declaration of general information and a declaration of technical and operation parameters of radio equipment according to the form suitable for each corresponding radio service specified in Appendix II of this Circular.

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 20. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for radio stations of foreign representative agencies and high-ranking foreign delegations that enjoy diplomatic privileges and immunities and foreign correspondents accompanying the delegations

1. For radio stations (except earth stations) of foreign representative agencies:

a) A dossier of application for a new license includes: 

A declaration of general information and a declaration of technical and operation parameters of radio equipment according to the form suitable for each corresponding radio service specified in Appendix II of this Circular; and

A written request of the Ministry of Foreign Affairs (signed by a competent person and sealed or digitally signed by the agency or organization applying for the license) for radio stations of diplomatic representative missions and consular offices. 

b) A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

c) A dossier for modification and supplementation of license contents includes:

A declaration of general information and a declaration of technical and operation parameters of radio equipment according to the form suitable for each corresponding radio service specified in Appendix II of this Circular; and

Documents evidencing the license contents requested for modification or supplementation.

2. For radio stations (except earth stations) of high-ranking foreign delegations that enjoy diplomatic privileges and immunities, foreign correspondents accompanying the delegations, foreign representative agencies having a delegation or agency receiving the delegations to carry out the procedures for applying for a license:

a) A dossier of application for a new license includes:

A declaration of general information and a declaration of technical and operation parameters of radio equipment according to the form suitable for each corresponding radio service specified in Appendix II of this Circular; and

A written request from the agency receiving the delegations (signed by a competent person and sealed or digitally signed by the agency or organization applying for the license).

b) A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

c) A dossier for modification and supplementation of license contents includes:

A declaration of general information and a declaration of technical and operation parameters of radio equipment according to the form suitable for each corresponding radio service specified in Appendix II of this Circular; and

Documents evidencing the license contents requested for modification or supplementation.

Article 21. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for earth stations (except for earth stations of the GMDSS system installed on ships)

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1m specified in Appendix II of this Circular;

b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the following papers:

Satellite information service use contract (applicable to independent satellite earth stations of organizations, individuals, business households using satellite communication services of telecommunications enterprises licensed by the Ministry of Information and Communications); or

Establishment decision or Certificate of business registration or Certificate of investment (applicable to offshore business enterprises, organizations, multinational companies, Government agencies, software development zones and high-tech zones when using regional or international satellites); or

Document granted by a competent authority (applicable to organizations and enterprises that are licensed to carry out aviation or maritime safety assurance activities under regulations of the International Civil Aviation Organization (ICAO) or International Maritime Organization (IMO) and use regional or international satellites).

2. A dossier of request for extension of a license includes:

a) A declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular;

b) A certified true copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the corresponding papers specified at Point b, Clause 1 of this Article (if there is a change in the previous relevant paper).

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 22. Dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses for fixed stations, coast station (not communicating with satellites), individual equipment and cases not specified in Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of this Circular

1. A dossier of application for a new license includes:

a) A declaration of general information and a declaration of technical and operation specifications, made according to form 1a specified in Appendix II of this Circular;

b) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of one of the following papers:

Valid citizen identification or identity card or passport (for individual applicants); or

Certificate of business household registration (for applicants as business households); or

The Decision stipulating functions, tasks, powers and organizational structure (for agencies, administrative and non-business units applying for licenses).

2. A dossier of request for extension of a license consisting of a declaration of general information and a declaration of the list of licenses requested for extension according to the form specified in Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed at Point a, Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 23. Time limit for processing dossiers of request for grant, extension, modification and supplementation of contents of the radio frequency and equipment use licenses

1. The time limit for processing dossiers is specified as follows:

a) For dossiers of request for grant of license for an amateur station, a ship station, or a radio station installed on a fishing boat, the licensing agency shall grant, extend, amend or supplement the license contents within 10 (ten) working days from the date of receipt of complete and correct dossiers.

b) For dossiers of request for grant of license for the remaining cases, the licensing agency shall grant, extend, amend and supplement the license contents within 20 (twenty) working days from the date of receipt of complete and correct dossiers.

            2. In case the number of radio frequencies to be assigned exceeds 100 frequencies in a dossier or in documents sent within 20 (twenty) working days by an organization or individual requesting the grant, modification and supplementation of the contents of the radio frequency use license, the maximum processing time shall not exceed 03 (three) months. The licensing agency shall notify in writing the reason and expected processing time limit to the organizations and individuals applying for licenses within 05 (five) working days from the date of receipt of complete and correct dossiers.

3. In case of incomplete or invalid dossier, within 05 (five) working days from the date of receipt of the dossier, the licensing authority shall notify and guide organizations and individuals to supplement and complete the dossier.

             4. In case of refusal to grant a license, the licensing agency shall notify in writing clearly stating the reason for the refusal to the organization or individual within the time limit specified in Clauses 1 and 2 of this Article.

Section 2

GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION OF CONTENTS OF FREQUENCY BAND USE LICENSES

Article 24. Dossiers of request for grant, extension, modification and supplementation of frequency band use license

            1. A dossier of application for a new license includes:

            a) For a frequency band granted a license by the direct licensing method, the dossier includes a declaration of application for a frequency band use license, made according to form 2, Appendix II of this Circular.

             b) For the frequency band licensed by the auction or examination method for the right to use a radio frequency, the application must comply with the law on auction and examination to select entities eligible for the right to use a radio frequency.

2. A dossier of request for extension of a license includes a declaration of application for a frequency band use license, made according to form 2, Appendix II of this Circular.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration of application for a frequency band use license, made according to form 2, Appendix II of this Circular.

b) Documents evidencing the license contents requested for modification or supplementation.

Article 25. Time limit for processing dossiers of request for grant, extension, modification and supplementation of frequency band use license

            1. The time limit for processing dossiers is specified as follows:

            a) For frequency bands that are eligible for licensing by direct licensing method: grant, extension, modification or supplementation of the license's contents shall be carried out within 60 (sixty) working days from the date of receipt of complete and correct dossiers.

            b) For the frequency bands that are eligible for licensing by auction or examinations to select entities eligible for the right to use a radio frequency: the grant shall comply with the provisions of the law on auction and examination; the extension, modification and supplementation of the license’s contents shall comply with the provisions at Point a, Clause 1 of this Article.

            2. In case of incomplete or invalid dossier, within 05 (five) working days from the date of receipt of the dossier, the Authority of Radio Frequency Management shall notify and guide in writing organizations and enterprises to supplement and complete the dossier. 

            3. In case of refusal to grant a license, the Authority of Radio Frequency Management shall notify in writing the reason for refusal to the organization or enterprise within the time limit specified in Clause 1 of this Article.

Section 3

GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION OF CONTENTS OF FREQUENCY AND SATELLITE ORBIT USE LICENSES

Article 26. Dossiers of request for grant, extension, modification and supplementation of frequency and satellite orbit use licenses

1. A dossier of application for a new license includes a declaration of application for frequency and satellite orbit use licenses, made according to form 3, Appendix II of this Circular.

2. A dossier of request for extension of a license includes the declaration prescribed in Clause 1 of this Article.

3. A dossier for modification and supplementation of license contents includes:

a) A declaration prescribed in Clause 1 of this Article;

b) Documents evidencing the license contents requested for modification or supplementation.

Article 27. Time limit for processing dossiers of request for grant, extension, modification and supplementation of frequency and satellite orbit use licenses

            1. The Authority of Radio Frequency Management shall appraise and process the grant, extension, modification and supplementation of the frequency and satellite orbit use licenses within 45 (forty five) working days, from the date of receipt of complete and correct dossiers.

            2. In case of incomplete or invalid dossier, within 05 (five) working days from the date of receipt of the dossier, the Authority of Radio Frequency Management shall notify and guide in writing organizations and enterprises to supplement and complete the dossier.

            3. In case of refusal to grant a license, the Authority of Radio Frequency Management shall notify in writing the reason for refusal to the organization or enterprise within the time limit specified in Clause 1 of this Article.

Section 4

RE-GRANT OF RADIO FREQUENCY USE LICENSE

Article 28. Re-grant of radio frequency use license

1. A dossier of request for re-grant of a radio frequency use license is made in 1 (one) set, including a written request for re-grant of a radio frequency use license as specified in Appendix II of this Circular.

2. Time limit for re-grant of radio frequency and equipment use licenses

a) For the cases specified in Clause 1, Article 3 of this Circular, the time limit for re-grant of the radio frequency use license is 20 (twenty) working days from the date of receipt of complete and correct dossiers.

b) For the cases specified in Clause 2, Article 3 of this Circular, the time limit for re-grant of the radio frequency use license is 10 (ten) working days from the date of receipt of complete and correct dossiers.

c) In case of incomplete or invalid dossier, within 05 (five) working days from the date of receipt of the dossier, the licensing authority shall notify and guide organizations and individuals to supplement and complete the dossier.

d) In case of refusal to grant a license, the licensing agency shall notify in writing clearly stating the reason for the refusal to the organization or individual within the time limit specified at Points a and b of this Clause.

Section 5

WITHDRAWAL OF RADIO FREQUENCY USE LICENSE

              Article 29. Withdrawal of radio frequency use license

             1. The withdrawal of the radio frequency use license for organizations and individuals that violate the law on radio frequencies as prescribed in Clause 1, Article 23 of the Law on Radio Frequencies shall be made as follows:

             a) For the cases specified at Points a and b, Clause 1, Article 23 of the Law on Radio Frequencies, the withdrawal of the radio frequency use license shall be based on the decision of the Court or the competent state agencies.

             b) For the cases specified at Points c, d and e, Clause 1, Article 23 of the Law on Radio Frequencies, the withdrawal of the radio frequency use license shall be based on the conclusion of the Inspector or radio frequency test results or the decision of the Court.

             c) For the case specified at Point dd, Clause 1, Article 23 of the Law on Radio Frequencies, the withdrawal of the radio frequency use license shall be effected if after 60 (sixty) days from notices of fees and charges or other financial obligations as prescribed shall be sent by the competent authorities, organizations or individuals fail to fully pay radio frequency fees and charges or fail to fulfill their financial obligations.

             d) For the case specified at Point g, Clause 1, Article 23 of the Law on Radio Frequencies, the withdrawal of the radio frequency use license is based on the decision on withdrawal or modification of the telecommunications license, respective broadcasting license.

             2. Organizations and individuals must stop using radio frequencies and equipment according to the Decision on withdrawal of the radio frequency use license issued by the Authority of Radio Frequency Management.

            3. List of organizations and individuals with withdrawn radio frequency use licenses and reasons for such withdrawal shall be published on the website of the Authority of Radio Frequency Management.

CHAPTER III

LEASE OR LENDING OF RADIO EQUIPMENT

Article 30. Regulations on lease or lending of radio equipment

1. The owners of seagoing ships, aircraft, river-going ships, fishing boats, amateur stations and other vehicles with radio equipment (except satellite earth stations) may lease or tend their licensed radio equipment to other institutions and individuals for operation.

2. The lessors/lenders and lessees/borrowers of radio equipment shall abide by radio frequency and equipment use licenses, the law on radio frequencies and other relevant laws. Their violations of the law on radio frequencies shall be handled under regulations.

3. The lessors/lenders of radio equipment shall:

a) Ensure that the lessees/borrowers of radio equipment are outside the list of those with withdrawn radio frequency use licenses published under Clause 3, Article 29 of this Circular.

b) Check and keep documents proving that the lessees or borrowers meet the conditions specified in Article 31.

Article 31. Conditions for renting or borrowing radio equipment

Organizations and individuals that rent or borrow radio equipment must satisfy the following conditions:

1. The lessees or borrowers of radio equipment are Vietnamese organizations and citizens; foreign organizations lawfully operating in Vietnam; foreigners using amateur stations.   

2. Direct operators of radio devices in the maritime or aeronautical mobile service or amateurs of lessees/borrowers must have radio operator certificates

3. The lessees/borrowers of radio equipment are outside the list of those with withdrawn radio frequency use licenses published under Clause 3, Article 29 of this Circular.

Article 32. Lease or lending of radio equipment

At least 5 (five) working days before handing radio equipment to the lessees/borrowers, lessors/lenders shall send a written notice according to the form specified in Appendix IV of this Circular on lease or lending (with confirmation of both the lessee, the borrowers and the lessors, the lenders) to the local radio frequency center.

Article 33. Conditions and procedures for lease or lending of amateur station

1. Amateur station can only be leased or borrowed between amateur radio operators and must comply with the following regulations:

a) When using a leased or borrowed amateur station, the radio operators may only make limited communications as prescribed in their amateur radio operator's certificate and make limited operation under the license granted to such leased or borrowed amateur station.

b) When renting or borrowing an amateur station for operation, the amateur radio operator must use the leased or borrowed radio operator's call signs, followed by the leased or borrowed amateur radio operator's name or call signs.

c) The amateur station lessees/borrowers must take full responsibility for complying with the provisions at Points a and b of this Clause, fully record the logbook and ensure that the lessees/borrowers do not exceed the limits specified in the license granted to the station.

d) The amateur station lessees/borrowers for communications at locations other than those specified in the license within less than 30 (thirty) days must obtain the written approval of the Authority of Radio Frequency Management.

2. An amateur station lease/lending dossier shall be made in 01 (one) set, including:

a) Registration certificate for amateur station lease/lending (clearly stating the registration identification or call signs, the location of the station, and the contact address);

b) A written approval of the amateur station lease/lending from the lessors/lenders, clearly stating: Name of such lessors/lenders, number of the radio frequency and equipment use licenses, and the validity period of the license; the station lease/lending time limit;

c) A certified copy or a copy enclosed with the original for comparison or a legally valid electronic copy of the valid identity card or citizen identification or passport (for foreigners) of the station lessees/borrowers;

d) A copy or an electronic copy of the amateur radio operator's certificate or the foreign amateur radio operator's certificate of the lessees/borrowers.

3. The dossiers shall be submitted directly or by post or through the online public service system to the Authority of Radio Frequency Management.

4. Within 05 (five) working days from the date of receipt of complete and correct dossiers, the Authority of Radio Frequency Management shall issue a Notice on approval for registration of amateur station lease/lending (enclosed with the call signs, identification, location of the station). In case of disapproval of registration amateur station lease/lending, the Authority of Radio Frequency Management shall notify in writing, clearly stating the reasons for refusal.

CHAPTER IV

COMMON USE OF RADIO FREQUENCIES

Article 34. Cases subject to common use of radio frequencies

In addition to the cases subject to common use of the frequency as prescribed by the International Telecommunications Union, organizations and individuals using radio frequencies and equipment in the following cases must share the use of radio frequencies with other organizations and individuals in accordance with the radio frequency and equipment use licenses:

1. Dedicated telecommunications networks using radio frequency of mobile services with an output power of 10 W or less (not applicable to radio communication networks using radio frequency and equipment related to safety of human life and internal radio communication networks).

2. Radio stations communicating with fishing boats.

3. Coast stations (not providing telecommunications services).

Article 35. Guidelines for operation on shared-used frequency

1. Comply with the principle that conversations only serve public duties and proper entities for the purposes indicated in licenses.

2. Make calls only when radio frequency channels are free without any users, unless such calls are related to emergency or safety of human life. 

3. Must use callsign specified in the radio frequency and equipment use licenses.

4. Ensure the short communication duration with each conversation not exceeding 5 minutes.

5. Encourage the use of encryption or other technical measures to ensure confidentiality of information.

 Article 36. Process of operation on shared-used frequency

1. Before transmitting, to carefully listen on frequencies to be transmitted to ensure that these frequencies are free.

2. Broadcast the callsign specified in the radio frequency and equipment use licenses at the beginning and at the end of each call.

3. Shift to reserve frequencies (specified in the radio frequency use license) in cases main assigned frequencies are brooked with interference or being used by other organizations or individuals.

Article 37. Responsibilities of organizations and individuals using the same frequency 

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

2. Refrain from intentionally collecting and using information received from other radio stations sharing the use of radio frequency.

CHAPTER V

IMPLEMENTATION ORGANIZATION

Article 38. Effect

1. This Circular takes effect from October 1, 2021 and replaces Circular No. 05/2015/TT-BTTTT dated March 23, 2015 of the Minister of Information and Communications detailing and guiding the procedures for grant of radio frequency use license; lease or lending of radio equipment; common use of radio frequencies.

2. The radio frequency use licenses issued before the effective date of this Circular shall be continue to be valid for the duration stated in the license.

3. Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Clause 7, Article 21 of the Decision No. 18/2008/QD-BTTTT dated April 4, 2008 of the Minister of Information and Communications on the promulgation of regulations on amateur radio operations shall be abolished.

4. Any problems arising in the course of implementation shall be promptly reported to the Ministry of Information and Communications (the Authority of Radio Frequency Management) for consideration, supplementation and amendment./.