Joint Circular No. 12/2007/TTLT-BXD-BTTTT dated December 11, 2007 of the Ministry of Construction and the Ministry of Information and Communication guiding construction licensing to base transceiver stations in urban areas

JOINT CIRCULAR

GUIDING CONSTRUCTION LICENSING TO BASE TRANSCEIVER STATIONS IN URBAN AREAS

Pursuant to the Governments Decree No. 86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Governments Decree No. 16/2005/ND-CP of February 7, 2005, on management of work construction investment projects;

Pursuant to the Governments Decree No. 112/2006/ND-CP of September 29, 2006, amending and supplementing a number of articles of Decree No. 16/2005/ND-CP on management of work construction investment projects;

The Ministry of Construction and the Ministry of Information and Communication jointly guide the construction licensing to base transceiver stations in urban areas as follows;

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides the grant of construction permits for the construction and installation of base transceiver station (below referred to as BTS for short) works in urban areas.

2. Subjects of application

This Circular applies to state management agencies and organizations and individuals investing in BTS construction and installation in urban areas.

3. Objectives and requirements

3.1. The promulgation of this Circular aims to reduce administrative procedures for licensing the construction of BTS works; and accelerate BTS construction and installation in service of socio-economic development, security and defense.

3.2. BTS construction and installation in all cases must ensure safety for the works themselves and adjacent works; meet technical norms and criteria, not negatively affect the environment and public health; and ensure conformity with urban construction and architectural planning and view.

4. Interpretation of terms

In this Circular, the terms below are construed as follows:

4.1. Grade-1 BTS means a construction work which comprises a station and an antenna transmitting and receiving information in mobile communication built on the ground.

4.2. Grade-2 BTS means an antenna transmitting and receiving information in mobile communication and support devices installed on a ready-built work.

5. BTS construction or installation subject to a construction permit

5.1. When constructing or installing a BTS, investors shall apply for a construction permit under the guidance of this Circular and relevant current regulations.

5.2. Grade-2 BTS being installed outside areas subject to construction licensing are exempted from a construction permit.

6. Areas subject to construction licensing

6.1. Areas subject to construction licensing include;

- Airport areas, defense and security areas.

- Political-cultural centers subject to management of urban architecture and view.

- Other areas subject to management of urban architecture and view.

6.2. Based on each localitys realities, provincial-level Peoples Committees may decide on and publicize the boundaries of areas subject to construction licensing.

7. Requirements for designing grade-2 BTS

7.1. Prior to designing, the force-bearing capacity of a work must be investigated and tested to identify the location for installing the antenna and support devices.

7.2. The structure and construction of an antenna must be designed based on specific conditions of the work, and natural and climate conditions of the area where it is installed to ensure the force bearing capacity, safety and stability of the antenna and the entire work after installation.

II. PROVISIONS ON CONSTRUCTION PERMITS

1. Dossiers of application for construction permits

1.1. A dossier of application for a construction permit for grade-1 BTS comprises:

a/ An application for a construction permit, made according to the form in Appendix 1 to this Circular (not printed herein);

b/ Lawful copies of land use right papers according to law;

c/ The blueprint appraised according to prescribed procedures which comprises drawings on the base plane, and typical cross and vertical sections, the work foundation plane, technical drawings on connection of power supply and water supply and drainage.

1.2. A dossier of application for a construction permit for grade-2 BTS in areas subject to construction licensing comprises:

a/ An application for a construction permit, made according to the form in Appendix 2 to this Circular (not printed herein);

b/ The contract to hire installation of the station with the work owner:

c/ The drawing on the works location, drawings on typical vertical sections of the station and the antenna attached to the work.

2. Contents of and competence to grant construction permits

2.1. Contents of a construction permit for grade-1 BTS are specified in the form in Appendix 3 (not printed herein); and for grade-2 BTS, in the form in Appendix 4 to this Circular (not printed herein);

2.2. Competence to grant construction permits:

The competence to grant construction permits to BTS complies with the local decentralization pursuant to current regulations on construction licensing.

3. Conditions for installing grade-2 BTS outside areas subject to construction licensing

When installing grade-2 BTS outside areas subject to construction licensing, investors are not required to apply for a construction permit, but must satisfy the following conditions:

3.1. Having a contract to hire installation of the station with the work owner;

3.2. Having the work design meeting requirements specified in Clause 7, Section I of this Circular.

3.3. Ensuring clearance for flight operations and airspace management and protection according to the Ministry of Defenses regulations.

3.4. Complying with current regulations on grounding, lightning prevention and fire prevention and fighting.

3.5. Notifying the commune-level Peoples Committee of the locality where the station is installed 7 days before the installation. The notice is made according to the form in Appendix 5 to this Circular (not printed herein).

III. organization of implementation

1. The Ministry of Construction

To guide and supervise the implementation of this Circular by provincial/municipal Construction Services (or Architectural Planning Services).

2. The Ministry of Information and Communication

To guide and supervise the implementation of this Circular by provincial/municipal Post and Telecommunication Services and concerned organizations and individuals.

3. Provincial/municipal Peoples Committees

3.1. To direct functional agencies under their management to implement this Circular.

3.2. To promulgate regulations on areas subject to construction licensing when installing grade-2 BTS.

4. Provincial/municipal Construction Services (or Architectural Planning Services)

Provincial/municipal Construction Services (or Architectural Planning Services) shall guide and inspect BTS construction and installation in their localities under the guidance of this Circular.

5. Provincial/municipal Post and Telecommunications Services

5.1. To take the prime responsibility for, and coordinate with provincial/municipal Construction Services (or Architectural Planning Services) in, determining the boundaries of areas subject to construction licensing for grade-2 BTS installation and submitting them to provincial-level Peoples Committees for promulgation.

5.2. To disseminate and propagate purposes and requirements for BTS construction and installation to concerned organizations and individuals.

5.3. To take the prime responsibility for, and coordinate with concerned agencies in, inspecting the implementation of this Circular.

6. Other concerned organizations and individuals

6.1. Organizations investing in BTS construction and use shall:

a/ Coordinate with provincial/municipal Post and Telecommunication Services and provincial/ municipal Construction Services (or Architectural Planning Services) in proposing plans on mobile communication network development in each locality.

b/ Comply with this Circular and other relevant regulations.

c/ Participate in the dissemination and propagation of purposes and significance of BTS construction and installation.

d/ Take responsibility before law for violations prompted by noncompliance with this Circular and other relevant regulations; be responsible for compensating damage caused by their faults.

6.2. Organizations and individuals involved in designing, building and installing BTS shall comply with this Circular and other relevant regulations.

7. Implementation effect

7.1. This Circular takes effect 15 days after its publication in CONG BAO.

7.2. In the course of implementation, arising problems and difficulties should be reported to the Ministry of Construction and the Ministry of Information and Communication for consideration and settlement.