Decree No. 24/2004/ND-CP dated January 14, 2004 of the Government detailing the implementation of the number of articles of the Ordinance on post and telecommunications regarding radio frequencies

DECREE

DETAILING THE IMPLEMENTATION OF THE NUMBER OF ARTICLES OF THE ORDINANCE ON POST AND TELECOMMUNICATIONS REGARDING RADIO FREQUENCIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

At the proposal of the Minister of Post and Telematics,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding the activities of managing and using radio frequencies, radio equipment and satellite orbits under Vietnam's sovereignty.

Article 2. Subjects of application

This Decree applies to Vietnamese organizations and individuals as well as foreign organizations and individuals using radio frequencies and equipment in Vietnam.

Where an international agreement which the Socialist Republic of Vietnam has signed or acceded to contains provisions on radio frequencies different from the provisions of this Decree, the provisions of such international agreement shall apply.

Article 3. State management over radio frequencies

1. The Government performs uniform State management over radio frequencies nationwide.

2. The Ministry of Post and Telematics takes responsibility before the Government for performing the State management over radio frequencies.

3. The contents of specialized State management over radio frequencies include:

a/ Formulating, and organizing the implementation of, radio frequency plannings; promulgating, or submitting to the Government or the Prime Minister for promulgation, legal documents on management and use of radio frequencies and equipment as well as satellite orbits;

b/ Effecting international coordination in, and registration of, radio frequencies and satellite orbits; allocating and fixing frequencies; granting frequency band licenses, licenses for use of radio frequencies and radio transmitters (hereinafter called radio frequency licenses); collecting and managing fees and charges for the use of radio frequencies according to law provisions;

c/ Examining and controlling radio frequencies, dealing with harmful interference and managing electro-magnetic compatibility; inspecting and sanctioning administrative violations in the radio frequency domain.

Article 4. Interpretation of terms and phrases

In this Decree, the following terms and phrases are construed as follows:

1. "Fixed service" means a radiocommunication service between specified fixed points.

2. "Mobile service" means a radiocommunication service between mobile and land stations, or between mobile stations.

3. "Maritime mobile service" means a mobile service between coast stations and ship stations, or between ship stations, or between on-board communication stations.

4. "Aeronautical mobile service" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations.

5. "Broadcasting service" means a radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include radio transmissions, television transmissions or other types of transmission.

6. "Amateur service" means a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateur operators who are duly permitted and are interested in radio techniques solely with a personal aim and without profit interest.

7. "Station" means one or more radio equipment, including the accessory equipment, necessary at one location for carrying out a radiocommunication service. Each station shall be classified by the service in which it operates permanently or temporarily.

8. "Satellite communication station" means a station located in the atmosphere or on the surface of the earth for communication with one or more space stations or intercommunication with one or more stations of the same type via the reflecting satellite.

9. "Mobile station" means a station in the mobile service intended to be used while in motion or during halts at unspecified points.

10. "Coast station" means a station in the maritime mobile service, which is located on land or islands for intercommunication with ships and boats.

11. "Ship station" means a mobile station in the maritime mobile service located on board a ship or boat which is not permanently moored.

12. "Station located on fishing means" means a station located on a ship, boat or means, mobile or immobile on the sea, intended to be used for exploiting, processing, culturing and collecting aquatic resources, providing logistical services, investigating, exploring, examining, controlling and protecting aquatic resources.

13. "Aircraft station" means a mobile station in the aeronautical mobile service located on board an aircraft.

14. "Amateur station" means a station in the amateur service.

15. "Cordless telephone" (of an extended subscriber type) means a receiver-transmitter, consisting of two parts linked to each other by radio waves:

- "First part, base unit" is a fixed part, connected to a telephone network;

- "Second part, handset" is a part which may be placed fixedly or carried in motion and shares the same telephone number with its base unit.

16. "Out-of-band-emission" means emission on a frequency or many frequencies immediately outside the necessary bandwidth, which results from the modulation process, but excluding spurious emissions.

17. "Spurious emission" means emission on a frequency or many frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting the corresponding transmission of information.

18. "Unwanted emission" means emission consisting of spurious emission and out-of-band emission.

19. "Harmful interference" means interference which endangers the functioning of lawful radio services, obstructs or interrupts a radiocommunication service currently permitted to operate.

20. "Allocation of a frequency band" means the designation of a given frequency band for use by one or many organizations or enterprises under specified conditions in a radio service or a radiocommunication system.

21. "Assignment of a radio frequency" means the permission by a managing agency for a station to use a radio frequency or a radio frequency channel under specific conditions.

22. "Primary service" means a service the name of which is printed in capital letters (example: FIXED) in the Table of Allocation of the Radio Frequency Spectrum to Services.

23. "Secondary service" means a service the name of which is printed in normal letters (example: Mobile) in the Table of Allocation of the Radio Frequency Spectrum to Services.

Chapter II

PLANNING ON, AND ALLOCATION OF, RADIO FREQUENCIES

Article 5. The radio frequency spectrum planning

1. The radio frequency spectrum planning is a plan on the division of the radio frequency spectrum into frequency bands reserved for different services in each period and the prescription of conditions for establishing the order in exploiting and optimally using radio frequencies nationwide.

The Ministry of Post and Telematics shall formulate and submit to the Prime Minister for approval the national radio frequency spectrum planning.

2. Basing itself on the national radio frequency spectrum planning, the Ministry of Post and Telematics shall promulgate the band planning, the channel planning and regional radio frequency plannings.

a/ The band planning shall specify the conditions and purposes for the use of a number of band sections for a specific category of radiocommunication service or radiocommunication system. The band planning is elaborated on the basis of the used technologies, the necessary band number limits, the service development demands and the bands reserved for new technologies and demands.

b/ The channel planning divides each band into different groups of frequency channels for a specific category of radiocommunication service according to a certain system of technical standards. The channel planning is elaborated on the basis of channel division recommendations and technical standards of the International Telecommunication Union for establishing the order in using radio frequency channels and restricting harmful interference between radio equipment.

c/ Regional radio frequency plannings establish zones for reusing frequencies for a specific category of radiocommunication service in a number of band sections in the frequency band of between 30 MHz and 3,000 MHz. The regional radio frequency plannings are elaborated on the basis of recommendations and technical standards of the International Telecommunication Union in order to raise the efficiency in the use of the radio frequency spectrum and limit harmful interference between radio equipment.

Article 6. Implementation of the plannings

1. It is strictly forbidden to manufacture, import or use radio equipment and radio-wave appliances in Vietnam in contravention of the planning (excluding equipment temporarily imported for re-export; equipment manufactured for export; and equipment for technological display at exhibitions or trade fairs).

2. The plannings on development of electronics, telecommunications, radio and television broadcasting and other socio-economic development plannings related to the use of radio frequencies must be evaluated by the Ministry of Post and Telematics in terms of radio frequency before they are submitted to the Prime Minister for approval.

3. For radio equipment and telecommunication networks having used radio frequencies at variance with the planning before the planning takes effect, the Ministry of Post and Telematics shall prescribe specific measures and time limits for converting the equipment and frequencies to comply with the planning and suit the practical conditions for their use in Vietnam on the following principles:

a/ For equipment which may be adjusted with no conversion expense to operate in the frequencies in compliance with the planning, organizations and individuals must carry out the conversion procedures according to the deadline specified in the planning.

b/ For equipment which can not be adjusted to operate in the frequencies in compliance with the planning or equipment which may be adjusted but require conversion expenses:

- In the bands or zones of low use demand, organizations and individuals shall be permitted to use their equipment till they are fully depreciated but for no more than seven years as from the effective date of the planning, or till they are requested by the Ministry of Post and Telematics to stop using such equipment because of interference.

The replacement of broken-down equipment or the extension of networks shall not alter the deadline for the entire networks to stop operating.

- In the bands or zones of high use demand, organizations and individuals must carry out the conversion procedures according to the deadline specified in the planning and bear the conversion expense.

c/ Organizations and individuals having their bands withdrawn ahead of the deadline specified in the planning shall be refunded part of their conversion expenses which, however, shall not exceed the residual value of the equipment at the time of the band withdrawal. Organizations and individuals permitted to use these withdrawn bands shall have to pay the conversion expenses incurred by the organizations and individuals with their band withdrawn.

Article 7. Adjustment of the planning

1. Basing itself on the national telecommunication development policy, Vietnam's laws and the international agreements which Vietnam has signed or acceded to in the telecommunication and radio frequency domain, the Ministry of Post and Telematics shall adjust the planning on the radio frequency spectrum according to its competence or submit such adjustment to competent authorities for approval in each period.

2. Amendments and adjustments of the planning on the radio frequency spectrum, once promulgated by competent authorities, shall constitute part of the planning.

Article 8. Allocation of bands in service of defense and security

1. The allocation of bands for defense and security purposes shall adhere to the following principles:

a/ Bands for long-term use shall be allocated in proportions suitable to the requirements and tasks, taking into consideration international practices;

b/ Bands to be used for a definite period shall apply only to radio equipment currently in use but not be further furbished;

c/ Bands to be used irregularly for a short period, once being used, must be notified to the Ministry of Post and Telematics, except those classified State secrets;

d/ Where there arises a need to use bands reserved for socio-economic purposes for defense or security purposes, the written consent of the Ministry of Post and Telematics is required and it must be ensured that no harmful interference be caused to the communication networks in service of socio-economic activities.

2. In each period, the Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Defense and the Ministry of Public Security in, making proposals on the allocation of bands for defense or security purposes, and submit such proposals to the Prime Minister for approval after consulting the Radio Frequency Committee. The Ministry of Defense and the Ministry of Public Security shall have to organize the management as well as economical and efficient use of frequency bands allocated to them for the right purposes.

3. In case of national security emergency, the Ministry of Defense and the Ministry of Public Security may use a number of bands not specified at Point a, Clause 1 of this Article to ensure communication in service of defense and security on the basis of coordinating with the Ministry of Post and Telematics under the plans already agreed upon.

Chapter III

RADIO FREQUENCY LICENSING

Section I. GENERAL PROVISIONS ON LICENSING

Article 9.- Licensing principles

The radio frequency licensing shall adhere to the following principles:

1. Compliance with the telecommunication development strategies and plans; the national radio frequency spectrum planning and other frequency plannings specified in Article 5 of this Decree.

2. Assurance of efficient, rational and economical use of the radio frequency spectrum.

3. Observance of the national and international use norms and technical standards on radio frequencies.

4. Satisfaction of reasonable demands of organizations and individuals for the use of radio frequencies.

5. Guaranty of equality among users and among radiocommunication services of the same categories.

6. Rational prioritization of the demands for the use of frequencies in service of new technologies or the efficient use of the radio frequency spectrum.

Article 10.- Radio frequency use charges

1. Radio frequency use charges are amounts collected under the State regulations to offset direct and indirect costs for the work of managing, examining and controlling radio frequencies and handling harmful interference; to ensure the implementation of the State's policies in each period and suit the actual situation.

2. The radio frequency use charge tariffs shall be determined on the basis of the value of the used frequency spectrum, the extent of frequency spectrum occupancy, the scope of coverage, the frequency use density of the bands and in the regions in which the licenses are granted.

3. Vietnamese organizations and individuals; foreign organizations and individuals in Vietnam shall only be granted the radio frequency licenses after paying the licensing fees and radio frequency use charges. The management and use of licensing fees and radio frequency use charges shall comply with the legislation on charges and fees.

Article 11.- Cases of withdrawal of licenses

1. Radio frequency licenses shall be withdrawn in the following cases where:

a/ Past one year after being granted the band licenses or past six months after being granted the licenses for use of radio frequencies and radio transmitters, organizations or individuals still fail to actually deploy the contents of their licenses.

b/ Organizations or individuals use frequencies for wrong purposes, inefficiently, wasting the radio frequency spectrum they have been licensed to use.

c/ The radio frequency spectrum planning is adjusted.

2. The Ministry of Post and Telematics shall issue decisions to withdraw licenses, clearly stating the reasons therefor.

Section 2. BAND LICENSING

Article 12.- Band licenses

Band licenses are those granted to organizations and enterprises, entitling them to use a specified frequency band section under the conditions on the upper and lower limits of the frequency band (including the protective frequency band section), the scope of coverage, the maximum permitted level of out-of-band and out-of-coverage scope emissions and other conditions.

Article 13.- Conditions for band licensing

In cases where the allocation of bands is feasible, the Ministry of Post and Telematics shall base itself on the following specific conditions to consider and grant band licenses to organizations and enterprises:

1. Having plans on development of radiocommunication networks and plans on commercial provision of telecommunication services, ensuring socio-economic efficiency and band use efficiency.

2. For public mobile telecommunication networks, there must be the demand for band deployment on a national scale; for exclusive-use telecommunication networks and intranets, there must be the high demand for the use of frequencies in a specified region.

3. Equipment must ensure the technical standards according to the regulations of the Ministry of Post and Telematics.

Article 14.- Procedures forgranting band licenses

1. A dossier of application for a band license consists of:

a/ The application for a license, clearly stating the band applied for use and the scope of coverage;

b/ A lawfully notarized or authenticated copy of the establishment decision, for organizations, of the business registration certificate, for domestic enterprises, or the investment license, for foreigninvested enterprises or foreign parties to business cooperation contracts;

c/ A lawfully notarized or authenticated copy of the telecommunication network establishment and telecommunication service provision license (or the telecommunication network and telecommunication service experimentation license or the exclusive-use telecommunication network establishment license), for equipment requiring network establishment licenses;

d/ A scheme on establishment of a radiocommunication network, clearly stating the purpose, scope of operation, network configuration and technology to be used;

e/ The written registration of the list of radio transmitters (according to the form set by the Ministry of Post and Telematics).

2. A dossier of application for amendment and supplementation of the contents of a license:

In the effective duration of their licenses, if organizations or enterprises need to amend and/or supplement the contents of their licenses (except for the provision on the bandwidth), they must compile dossiers of application therefor. A dossier shall consist of:

a/ The application for amendment and/or supplementation of the contents of the license;

b/ A detailed report on the amendment and/or supplementation contents, and relevant documents.

3. Ninety days before the expiry date of their licenses, if organizations or enterprises meet all conditions and wish to continue using their allocated bands, they must compile dossiers as required for application for new licenses.

4. The place for receiving dossiers, guiding the declaration, handing and receiving licenses:

The Radio Frequency Department - the Ministry of Post and Telematics.

5. In the process of operation, organizations and enterprises shall have to strictly comply with the conditions prescribed in their licenses; report and add in a timely manner changes in the technical parameters and the list of radio transmitters in their radiocommunication networks.

Article 15.- Time limits for settlement of the band licensing

1. The Ministry of Post and Telematics shall evaluate and complete the consideration and granting of new licenses, amendment and/or supplementation of the contents of licenses within 45 days after receiving the complete and valid dossiers.

2. If the dossiers are incomplete or invalid, within five days after receiving them, the Ministry of Post and Telematics shall have to notify the applying organizations or enterprises thereof and guide them to supplement and complete their dossiers.

3. In case of refusal to grant new licenses or to amend and/or supplement the contents of licenses, the Ministry of Post and Telematics shall inform in writing the applying organizations or enterprises thereof, clearly stating the reasons therefor.

Section 3. LICENSING OF RADIO FREQUENCY AND TRANSMITTER USE

Article 16. Radio frequency and transmitter use licenses

Radio frequency and transmitter use licenses shall be granted to organizations and individuals entitled to exploit one or many radio frequencies and transmitters at specified locations or in specified regions, prescribing the conditions on receiving and transmitting frequencies, technical parameters of radio transmission, communication conventions and other conditions.

Article 17. Conditions for radio frequency and transmitter use licensing

1. In cases where the fixing of radio frequencies is feasible, the Ministry of Post and Telematics shall base itself on the following specific conditions to consider and grant licenses to Vietnamese and foreign organizations and individuals in Vietnam:

a/ The use purposes and communication objects are clear and compliant with law provisions;

b/ Equipment must satisfy technical standards prescribed by the Ministry of Post and Telematics for application (except for equipment for exhibitions or technical tests);

c/ Operators of sea-going ship stations, amateur stations and other cases must have radio operator's certificates granted or recognized by the Ministry of Post and Telematics;

d/ The locations for antenna installation and antenna heights must comply with the regulations of the Ministry of Post and Telematics and other law provisions on aviation safety assurance;

e/ The designs of the equipment systems must ensure the optimal use of the radio frequency spectrum and electro-magnetic compatibility with the surrounding environment.

2. Particularly for satellite communication stations operating via satellites of foreign countries or international satellite communication organizations, the Ministry of Post and Telematics shall base itself on the specific conditions prescribed in Clause 1 of this Article to consider and grant licenses only in the following cases:

a/ Satellite communication stations belonging to public telecommunication networks run by telecommunication enterprises licensed to establish networks and provide telecommunication services by the Ministry of Post and Telematics.

b/ Satellite communication stations of organizations and enterprises using the communication satellite service provided by telecommunication enterprises licensed by the Ministry of Post and Telematics.

c/ Satellite communication stations in the broadcasting-satellite service, which have the press activity permits for radio and television broadcasting via satellite, granted by the Ministry of Culture and Information.

d/ Satellite communication stations in the maritime mobile- and aeronautical mobile- satellite services for maritime and aeronautical safety according to the regulations of the International Maritime Organization (IMO) or the International Civil Aviation Organization (ICAO).

e/ Satellite communication stations of foreign diplomatic missions and consulates, representative missions of international organizations in Vietnam, foreign high-level delegations visiting Vietnam and enjoying diplomatic privilege and immunities (hereinafter called "foreign representative missions"), foreign correspondents entering Vietnam for shortterm press activities.

The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security in, detailing the licensing of the use of satellite communication stations for foreign representative missions.

f/ Under the international agreements between the Socialist Republic of Vietnam and foreign countries or international organizations on satellite communication.

g/ Other cases prescribed by the Ministry of Post and Telematics.

Article 18. Dossiers of application for radio frequency and transmitter use licenses

1. Except for the cases prescribed in Article 24 of this Decree, for independently operating radio transmitters and radio transmitters belonging to the networks requiring no network establishment licenses, a dossier shall consist of:

a/ The application for a license;

b/ The declaration of application for a radio frequency and transmitter use license (made according to a form set by the Ministry of Post and Telematics);

c/ A lawfully notarized or authenticated copy of the establishment decision, for organizations, the business registration certificate, for domestic enterprises, cooperatives, or the investment license, for foreign-invested enterprises or foreign parties to business cooperation contracts.

2. For ship stations, radio stations on board river ships and boats, apart from the dossiers prescribed in Clause 1 of this Article, the following papers are also required:

a/ The written certification of the gross tonnage and the scope of operation of the ship or boat, or of the number of seats (for passenger ships);

b/ A lawfully notarized or authenticated copy of the operator's certificate, granted or recognized by the Ministry of Post and Telematics (for ship stations).

3. For radio transmitters on board fishing means: a/ If they belong to organizations or enterprises, apart from the papers prescribed in Clause 1 of this Article, a lawfully notarized or authenticated copy of the fishing-ship registration certificate or written certification of the gross tonnage of the ship or boat is also required.

b/ If they belong to cooperation groups or individuals, apart from the papers prescribed at Points a and b, Clause 1 of this Article, a lawfully notarized or authenticated copy of the fishing-ship registration certificate or written certification of the gross tonnage of the ship or boat is also required.

c/ The radio transmitters on board fishing means, which operate in the band of between 26.96 MHz and 27.41 MHz, shall fall into the category of radio transmitters subject to conditional use and requiring no radio frequency license as prescribed in Articles 24 and 25 of this Decree.

4. For stations in the broadcasting service, apart from the papers prescribed at Points a and b, Clause 1 of this Article, the following papers are also required:

a/ A lawfully notarized or authenticated copy of the press activity permit, granted by the Ministry of Culture and Information (for applicants being press agencies).

b/ A written proposal of the Ministry of Culture and Information or the provincial/municipal People's Committee (for applicants not yet classified as press agencies but tasked to re-broadcast the programs of the central and provincial/municipal radio or broadcasting stations.

5. For amateur stations, apart from the papers prescribed at Points a and b, Clause 1 of this Article, the following papers are also required:

a/ A copy of the amateur radio operator's certificate, granted or recognized by the Ministry of Post and Telematics;

b/ The copies of the passport and permanent residence card or temporary residence certificates or cards (for foreign operators).

6. For cordless telephones (of the extended subscriber type) not on the list of radio equipment subject to conditional use and requiring frequency use licenses, the dossiers prescribed at Points a and b, Clause 1 of this Article are required.

7. For stations belonging to foreign representative missions, apart from the papers prescribed at Points a and b, Clause 1 of this Article, the written proposal of the Ministry of Foreign Affairs is also required.

8. For radio transmitters belonging to the networks requiring the network establishment licenses, apart from the papers prescribed in Clause 1 of this Article, the following papers are also required:

a/ A scheme on establishment of a radiocommunication network, clearly stating the network configuration, scope of operation, and technology and frequencies applied for use;

b/ A lawfully notarized or authenticated copy of the telecommunication network establishment and telecommunication service provision license (or the telecommunication network and telecommunication service experimentation license or the exclusive-use telecommunication establishment license).

Article 19. Extension of licenses

Thirty days before the expiry of their licenses, if the organizations or individuals wish to continue using them (without amendments and supplements), they shall carry out the procedures for applying for extension of their licenses. A dossier of application for license extension shall consist of:

1. The application for license extension;

2. A lawfully notarized or authenticated copy of the telecommunication network establishment and telecommunication service provision license (or the telecommunication network and telecommunication service experimentation license orthe exclusive-use telecommunication establishment license), which remains valid, for equipment requiring network establishment licenses.

Article 20. Amendment and supplementation of the contents of licenses

During the validity terms of their licenses, if the organizations or individuals wish to amend or supplement the contents of their licenses, they must compile dossiers of application therefor. A dossier shall consist of:

1. The application for amendment and/or supplementation of the contents of the license;

2. An additional declaration of changes (if any);

3. Other documents related to the amended and/ or supplemented contents.

Article 21. Time limits for licensing radio frequency and transmitter use

1. The Ministry of Post and Telematics shall have to grant new licenses; extend the validity of license, amend and/or supplement the contents of licenses within 20 days after receiving the complete valid dossiers.

2. If the dossiers are incomplete, within five days after receiving them, the Ministry of Post and Telematics shall have to inform the applying organizations or individuals thereof and guide them to supplement and complete the dossiers.

3. In case of refusal to grant new licenses; to extend the validity of licenses, or to amend and/or supplement the contents of licenses, the Ministry of Post and Telematics shall inform in writing the applying organizations or individuals thereof, clearly stating the reasons therefor.

Article 22. Places for receiving dossiers, guiding declarations, and handing and receiving licenses

1. The places for receiving dossiers and handing and receiving licenses for the cases of application for new licenses for equipment belonging to radiocommunication networks requiring network establishment licenses and cases of application for amendment and/or supplementation of network establishment licenses:

a/ The Ministry of Post and Telematics;

b/ The regional Post, Telecommunications and Information Technology Departments.

2. The places for receiving dossiers and handing and receiving licenses for the cases of application for new licenses, for extension of the validity of licenses, and amendment and/or supplementation of the contents of licenses for equipment requiring no network establishment licenses; and the cases of application for amendment and/or supplementation of network establishment licenses which remain valid:

a/ The Radio Frequency Department;

b/ The regional radio frequency control centers under the Radio Frequency Department.

Article 23. Use of radio frequencies and transmitters in emergency cases

1. In emergency cases where the properties and human life are endangered, organizations and individuals may temporarily use the unlicensed radio frequencies and transmitters, provided that they must notify such immediately to the Radio Frequency Department under the Ministry of Post and Telematics when conditions permit.

2. When transmitting SOS information or signals, stations may transmit waves to attract the attention from frequencies other than those reserved exclusively for international and national rescue.

3. Upon receiving SOS information and signals, stations must immediately stop transmitting waves on the frequencies which might cause interference to such SOS information, and keep listening on the frequencies on which the SOS signals are transmitted, and render immediately all necessary assistance, and at the same time notify the search and rescue agency thereof.

Section 4. TYPES OF RADIO EQUIPMENT SUBJECT TO CONDITIONAL USE AND REQUIRING NO LICENSES

Article 24. Technical and operational conditions

1. Radio equipment subject to conditional use include short-range equipment with limited capacity, unlikely to cause harmful interference and not to be protected against harmful interference.

2. Technical and operational conditions of radio equipment subject to conditional use include allocated frequency channels, limited transmitting capacity, mandated transmitting mode, area permitted for operation, and other conditions.

3. In each period, the Ministry of Post and Telematics shall prescribe and publicize the list of radio equipment subject to conditional use. The contents of notification must contain fully the technical and operational conditions of equipment subject to conditional use.

Article 25. Responsibilities of users

1. Organizations and individuals using radio equipment prescribed in Article 24 must meet all the prescribed technical and operational conditions and shall not be required to apply for radio frequency licenses.

2. It is strictly forbidden to use radio equipment which fail to meet the technical and operational conditions prescribed by the Ministry of Post and Telematics.

Chapter IV

EXAMINATION AND CONTROL OF RADIO FREQUENCIES, HANDLING OF HARMFUL INTERFERENCE, MANAGEMENT OF ELECTROMAGNETIC COMPATIBILITY

Section 1. EXAMINATION AND CONTROL OF RADIO FREQUENCIES, HANDLING OF HARMFUL INTERFERENCE

Article 26. Subjects to be examined and controlled

Vietnamese as well as foreign organizations and individuals using radio frequencies and equipment in the Vietnamese territory must submit to the radio frequency and equipment examination and control by the Ministry of Post and Telematics.

Article 27. Examination and control responsibilities

1. The Ministry of Post and Telematics shall have to examine and control radio frequencies and equipment nationwide so as to monitor and measure technical and operational parameters as well as the band occupancy extents of stations; determine interference sources; detect violating stations; handle harmful interference in accordance with Vietnamese laws and international agreements on radiocommunication, which Vietnam has signed or acceded to.

2. The results of examination and control, measurement of technical parameters and location of radio equipment, spectrum forms of signals, call-outs or identification signals and other evidences shall serve as the basis for determining and handling law violation acts in the radio frequency domain.

Article 28. Examination forms

1. Regular examinations shall be conducted according to examination programs and plans approved by the Ministry of Post and Telematics.

2. Irregular examinations shall be conducted when settling complaints or when the Ministry of Post and Telematics detects signs of violation of the law provisions on radio frequencies.

Article 29. Measures to restrict harmful interference

1. Organizations and individuals licensed to use radio frequencies and transmitters shall have to abide by the provisions of their licenses and take the following measures to restrict the harmful interference-causing possibility:

a/ To keep transmission frequencies within the permitted frequency deviation limit;

b/ To reduce the level of unwanted emission to the minimum value;

c/ To use the transmission mode with the minimum occupied bandwidth (excluding a number of special cases like spectrum spread);

d/ To restrict wave transmission in unnecessary directions;

e/ To use the minimum capacity enough to ensure the communication quality.

2. Stations in secondary services must not cause harmful interference to those in primary services and must not complain about harmful interference from stations in primary services, with their frequencies having been fixed or to be possibly fixed later.

Article 30. Handling of complaints about harmful interference

1. Organizations and individuals complaining about harmful interference must send to the Ministry of Post and Telematics the harmful interference reports, made according to a set form, and follow the guidelines of the Ministry of Post and Telematics in organizing the identification of interference-causing sources and measures to handle harmful interference.

Organizations and individuals using radio frequencies and transmitters in harmful interference-affected areas shall have to cooperate with the Ministry of Post and Telematics in, and create conditions for, detecting quickly and accurately interference sources, and effectively handling harmful interference.

2. The Ministry of Post and Telematics shall handle harmful interference on the following principles:

a/ Prioritizing within-band emissions and restricting unwanted emissions to the lowest level;

b/ Prioritizing primary services while changing transmission frequencies and technical parameters of secondary services;

c/ In the same radio service, frequencies licensed later must be changed while frequencies licensed first be prioritized;

d/ Organizations and individuals using radio appliances in science, industry or medicine, electric and electronic equipment, when causing harmful interference to stations, must take measures to eliminate such interference (except for cases where the radio appliances operate in the right bands as prescribed) and must cease using these equipment when such use causes harmful interference to the navigation, safety and rescue services;

e/ Pending the overcoming of harmful interference, the following measures may be applied: changing frequencies, restricting transmitting capacity; changing the height and polarization and directional characteristics of transmission antennas; re-distributing working time of harmful interference-causing stations and other necessary measures, to such stations;

f/ The parties that cause interference due to their non-compliance with the contents of their licenses shall have to pay the expenses for change of frequencies and equipment as well as for handling of harmful interference.

Article 31. Handling of harmful interference between stations in service of socio-economic activities and stations in service of defense and security

1. Except for the bands already allocated for defense and security for long-term use prescribed at Point a, Clause 1, Article 8 of this Decree, when harmful interference occurs between stations in service of socio-economic activities and stations in service of defense and security, the stations in service of defense and security shall proactively change their transmission frequencies and technical parameters so as to avoid interference.

2. In case of necessity, the Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Defense, the Ministry of Public Security and other concerned ministries and branches in, setting up inter-branch examination teams to deal with harmful interference.

Section 2. ELECTRO-MAGNETIC COMPATIBILITY MANAGEMENT

Article 32. Purposes of electro-magnetic compatibility management

Equipment and equipment systems which, when being put into use, generate an electro-magnetic energy in the frequency band of between 10 KHz and 3,000 GHz must ensure electro-magnetic compatibility so that they can operate stably, neither being affected with inference nor causing harmful interference to other equipment and equipment systems.

Article 33. Contents of electro-magnetic compatibility management

1. The State management over electro-magnetic compatibility covers the following contents:

a/ Formulating, promulgating, and publicizing the application of, electro-magnetic compatibility standards;

b/ Prescribing the electro-magnetic compatibility certification for radio equipment, telecommunication equipment and radio appliances in science, industry and medicine;

c/ Accrediting and designating laboratories to test and agencies to recognize electro-magnetic compatibility standard compliance;

d/ Inspecting, examining and handling law violation acts in the field of electro-magnetic compatibility management.

2. The Ministry of Post and Telematics shall formulate and promulgate regulations on electromagnetic compatibility management.

Article 34. Certification and publicization of electromagnetic compatibility standard compliance

1. Certification of electro-magnetic compatibility standard compliance

In each period, the Ministry of Post and Telematics shall prescribe the list of radio equipment, telecommunication equipment and radio appliances in science, industry and medicine, which must be certified for electro-magnetic compatibility standard compliance.

Organizations and individuals manufacturing and/ or importing equipment on this list shall have to carry out the procedures forstandard compliance certification and affix the electro-magnetic compatibility standard compliance marks according to regulations on their manufactured and/or imported equipment before putting them into use or circulation on the market.

2. Publicization and assurance of electro-magnetic compatibility standard compliance of equipment.

Organizations and individuals manufacturing and/ or importing electric and electronic equipment for civil use, equipment with unwanted radio emissions and other equipment shall have to publicize and ensure their equipment be compliant with relevant electromagnetic compatibility standards and affix the electromagnetic compatibility standard compliance marks according to regulations on their manufactured and/or imported equipment before putting them into use or circulation on the market.

3. The certification and publicization of electromagnetic compatibility standard compliance shall comply with specific regulations of the Ministry of Post and Telematics.

Article 35. Electro-magnetic compatibility-testing laboratories and -certifying agencies

The Ministry of Post and Telematics shall prescribe the requirements on the capability and operation of electro-magnetic compatibility-testing laboratories and -certifying agencies and the procedures for designation of such testing laboratories and certifying agencies.

Only the results of electro-magnetic compatibility testing and certification by testing laboratories and certifying agencies designated or accredited by the Ministry of Post and Telematics may be used in electro-magnetic compatibility management activities.

Chapter V

INTERNATIONAL COORDINATION AND REGISTRATION OF RADIO FREQUENCIES AND SATELLITE ORBITS

Article36. Subjects of international coordination and registration

Organizations and individuals, when using radio frequencies for international radiocommunication, for the systems of satellites on the geostationery or non-geostationery orbits or when using radio frequencies in such a way likely to cause harmful interference to radio services of other countries, or wishing to be internationally recognized, must effect international coordination and/or registration of radio frequencies or satellite orbits.

Article 37. Responsibilities of the Ministry of Post and Telematics

The Ministry of Post and Telematics shall have the following responsibilities:

1. To organize the coordination with other countries and the registration with the International Telecommunication Union of radio frequencies and satellite orbits in order to protect the national interests and sovereignty.

2. To specify the management, use and international registration of satellite orbits under Vietnam's sovereignty.

3. To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Defense and the Ministry of Public Security in, organizing the coordination of radio frequencies with other countries bordering on Vietnam.

Article 38. Responsibilities of organizations and individuals

1. Vietnamese as well as foreign organizations and individuals in Vietnam shall be obliged to comply with the regulations of the Ministry of Post and Telematics in effecting international coordination and registration of radio frequencies and satellite orbits.

2. Organizations and individuals wishing to use the positions of satellite orbits under Vietnam's sovereignty must obtain the permission of the Ministry of Post and Telematics and observe the regulations on satellite orbit registration and coordination charges and other relevant law provisions.

Article 39. International registration of radio frequencies

1. A dossier of application for international registration of radio frequencies shall consist of:

a/ The official dispatch, applying for international registration of radio frequencies;

b/A copy of the license for use of radio frequencies and transmitters;

c/ The written declaration for international registration of radio frequencies (made according to a set form).

2. Dossier-receiving place:

The Radio Frequency Department, the Ministry of Post and Telematics.

3. Basing itself on the dossiers of application for international registration of radio frequencies, the Ministry of Post and Telematics (the Radio Frequency Department) shall consider and compare them with the international and national regulations on technical and professional standards so as to reach agreement on the contents of, and carry out the procedures for, international registration.

4. The use and exploitation of internationally recognized radio frequencies must comply with the provisions of the international Radio Regulations.

Article 40. International registration of satellite orbits

Organizations and enterprises wishing to make international registration of satellite orbits must submit their dossiers to the Ministry of Post and Telematics and strictly carry out the procedures prescribed by the International Telecommunication Union and the Ministry of Post and Telematics.

Chapter VI

COMPLAINTS, DENUNCIATIONS, INSPECTION AND HANDLING OF VIOLATIONS

Article 41. Inspection

All Vietnamese and foreign organizations and individuals in Vietnam, that use radio frequencies, manufacture and use radio equipment and/or equipment subject to electro-magnetic compatibility certification, shall submit to the inspection and examination by the specialized post, telecommunication and information technology inspectorate and by competent State agencies.

Article 42. Handling of violations

1. Organizations and individuals committing acts of violating the law provisions on radio frequencies shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability, if causing damage, they must pay compensation therefor according to law provisions.

2. Those who abuse their positions and powers to commit acts of violating the provisions of this Decree and other relevant law provisions in the radio domain shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability, if causing damage, they must pay compensation therefor according to law provisions.

Article 43. Complaints and denunciations

1. Organizations and individuals shall have the right to complain about administrative decisions and acts of State agencies, officials and employees in the implementation of this Decree.

2. Individuals shall have the right to denounce to competent agencies organizations' or individuals' acts of violating the provisions of this Decree.

3. The competence, order and procedures for settling complaints and denunciations shall comply with the law provisions on denunciations and complaints.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 44. Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette. All previous regulations contrary to this Decree are hereby annulled.

Article 45. Implementation responsibility

The Ministry of Post and Telematics shall, within the scope of their functions and powers, have to guide the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the People's Committees of the provinces and centrally run cities shall have to implement this Decree.