Circular 31/2026/TT-BKHCN decentralization of competence for radio frequency use licenses

CIRCULAR

Providing for the decentralization of competence to grant, re-grant, amend and supplement, extend and revoke radio frequency use licenses, and to handle requests for suspension of use of radio frequencies

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Pursuant to the Law on Radio Frequencies No. 42/2009/QH12, as amended and supplemented by the Law Amending and Supplementing a Number of Articles of the Law on Radio Frequencies No. 09/2022/QH15;

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to Decree No. 63/2023/ND-CP dated August 18, 2023 of the Government detailing a number of articles of the Law on Radio Frequencies No. 42/2009/QH12, as amended and supplemented in a number of articles under Law No. 09/2022/QH15, as amended and supplemented in a number of articles by Decree No. 15/2026/ND-CP;

Pursuant to Decree No. 55/2025/ND-CP dated March 02, 2025 of the Government providing for the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Resolution No. 66.18/2026/NQ-CP dated May 18, 2026 of the Government providing for decentralization, reduction and simplification of administrative procedures and business conditions;

At the proposal of the Director General of the Authority of Radio Frequency Management;

The Minister of Science and Technology promulgates the Circular prescribing the decentralization of authority to grant, re-grant, amend, supplement, extend and revoke radio frequency use licences, and to handle requests for suspension of use of radio frequencies.

Article 1. Scope of regulation

This Circular provides for the decentralization of competence to grant, re-grant, amend, supplement, extend, and revoke radio frequency use licenses, and to handle requests for suspension of radio frequency use as prescribed at Point c, Clause 2, Article 5 and Clause 4, Article 22 of the Law on Radio Frequencies No. 42/2009/QH12, as amended and supplemented under Point a, Clause 1 and Clause 9, Article 1 of Law No. 09/2022/QH15.

Article 2. Subjects of application

This Circular applies to agencies, organizations, and individuals involved in the grant, re-grant, amendment, supplementation, extension, and revocation of radio frequency use licenses, and the handling of requests for suspension of radio frequency use.

Article 3. Decentralization of competence to grant, re-grant, amend, supplement, extend, and revoke radio frequency use licences, and to handle requests for discontinuation of radio frequency use

1. The Minister of Science and Technology shall delegate to the provincial-level People’s Committees the performance of the grant, re-grant, amendment, supplementation, extension, and revocation of radio frequency use licenses, and the handling of requests for suspension of radio frequency use, with respect to the following types of radio networks and radio stations:

a) Radio station for communication with fishing vessels;

b) Ship stations operating on international routes;

c) Wireless radio broadcasting station;

d) Private telecommunications networks using frequencies in the land mobile service;

dd) Earth stations of foreign representative missions, foreign guest delegations, and foreign correspondents accompanying delegations in service of delegations using satellite information services of foreign countries or international organizations on satellite information;

e) Radio stations under the aeronautical mobile service and the aeronautical radionavigation service.

2. The licensing of radio frequency use for the types of networks and radio stations specified in Clause 1 of this Article shall be carried out by the provincial-level People’s Committee where the organization or individual chooses to submit the application dossier.

The re-grant, amendment, supplementation, extension and revocation of radio frequency use licenses, and the handling of requests for suspension of radio frequency use, shall be carried out by the provincial-level People’s Committee that has granted the license.

Article 4. Effect

This Circular shall take effect on July 01, 2026.

Article 5. Transitional provisions

1. Dossiers requesting the grant, re-grant, amendment, supplementation, extension of radio frequency use licenses, or suspension of radio frequency use for the types of networks and radio stations specified in Clause 1, Article 3 of this Circular, which have been received by the competent authority or postmarked before July 01, 2026, shall continue to be processed by the Authority of Radio Frequency Management and the regional Radio Frequency Centers under the Authority of Radio Frequency Management (hereinafter referred to as the Radio Frequency Center) in accordance with the current law at the time of receipt or the postmark date of such dossier.

2. For licences for use of radio frequencies that have been granted, re-issued, amended, supplemented, or extended by the Authority of Radio Frequency Management and the Radio Frequency Center in respect of the types of networks and radio stations prescribed in Clause 1 Article 3 of this Circular:

a) The re-grant, amendment, supplementation, and extension of radio frequency use licenses shall be carried out by the provincial-level People’s Committee of the locality where the organization or individual chooses to submit the application dossier.

The re-grant, amendment, supplementation, extension, and revocation of radio frequency use licenses, and the handling of requests for suspension of radio frequency use shall be carried out by the provincial-level People’s Committee that has re-granted, amended, supplemented, or extended the radio frequency use license;

b) The Authority of Radio Frequency Management shall carry out the revocation of radio frequency use licences and handle requests for suspension of radio frequency use, except for licences already implemented by the provincial-level People’s Committee as prescribed at Point a of this Clause.

Article 6. Organization of implementation

1. The Chief of Office, the Director General of the Authority of Radio Frequency Management, heads of agencies and units under the Ministry of Science and Technology, provincial-level People’s Committees, and relevant organizations and individuals shall be responsible for implementing this Circular.

2. During implementation, if any difficulties or obstacles arise, promptly report them to the Ministry of Science and Technology (the Authority of Radio Frequency Management) for guidance or consideration and resolution in accordance with the law./.