Law on Radio Frequencies 2022 (revised), Law No. 09/2022/QH15

LAW

Amending and Supplementing a Number of Articles of the Law on Radio Frequencies

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 42/2009/QH12 on Radio Frequencies.

Article 1. To amend and supplement a number of articles of the Law on Radio Frequencies

1. To amend and supplement a number of Points of Clause 2, Article 5 as follows:

a/ To amend and supplement Point c as follows:

“c/ To grant, re-grant, renew, modify, supplement, extend or revoke radio frequency use licenses; to manage the fee for grant of radio frequency use licenses, the charge for use of radio frequencies, and the levy for grant of the radio frequency use right in accordance with law;”;

b/ To amend and supplement Point h as follows:

“h/ To provide further training and professional guidance on radio operation; to manage the training of radio operators and grant of radio operator certificates;”.

2. To amend and supplement a number of Clauses of Article 11 as follows:

a/ To amend and supplement Points b and c, Clause 1 as follows:

“b/ Master plan on frequency bands, which means a master plan on division of frequency bands into one or more than one frequency band block for each type of radiocommunication system and on allocation of such frequency bands to one or more than one organization for use under specific conditions.

For frequency bands planned for public land mobile telecommunications systems, the allocation thereof must take into account the maximum limit of the total frequency band width an organization is licensed to use within the planned frequency bands or in a given frequency band group;

c/ Master plan on division of frequency channels, which means a master plan on division of a frequency band into frequency channels for a specific radio operation according to certain standards, specifying conditions for use of such frequency channels;”;

b/ To amend and supplement Clause 3 as follows:

“3. The manufacturing and import of radio equipment and radio-wave appliances for use in Vietnam and the management and use of radio frequencies must comply with radio frequency master plans in accordance with law, except the special cases specified in Clause 1, Article 11a of this Law.”.

3. To add Article 11a below Article 11 as follows:

“Article 11a. Special cases in which radio frequencies may be used not under radio frequency master plans

1. Special cases in which radio frequencies may be used not under radio frequency master plans include the use of radio frequencies for purposes of exhibition, measurement and test, research, or testing of new technologies; and the use of radio frequencies at international events or international conferences.  

2. The Ministry of Information and Communications shall consider licensing the use of radio frequencies and equipment on a case-by-case basis under Clause 1 of this Article, and specify use conditions.”.

4. To amend and supplement Clause 3, add Clause 3a below Clause 3, and amend and supplement Clause 4, Article 16 as follows: 

“3. Radio frequency use licenses granted to organizations and individuals will have a validity period as requested by these organizations and individuals, which must not exceed the maximum validity period of each kind of license specified in Clause 2 of this Article, except the case specified in Clause 3a, this Article and at Point d, Clause 4, Article 18 of this Law.

3a. The validity period of radio frequency use licenses granted through auction or through examination for selection of entities eligible for the radio frequency use right and of re-granted ones shall be decided by the Minister of Information and Communications but must not exceed the maximum period specified in Clause 2 of this Article.

4. The Government shall provide in detail the grant, re-grant, renewal, modification, supplementation, extension and revocation of radio frequency use licenses.”.

5. To amend and supplement Clause 2, Article 17 as follows:

“2. Compliance with the radio frequency master plan, except the special cases specified in Clause 1, Article 11a of this Law.”.

6. To amend and supplement Article 18 and add Article 18a below Article 18 as follows:

“Article 18. Methods of granting radio frequency use licenses

1. Methods of granting radio frequency use licenses include:

a/ Grant of a license through auction of the right to use radio frequencies, which shall be carried out on the basis of evaluating auction dossiers according to the criteria of investment, professional technical and business capabilities in order to secure the fulfillment of the commitment to organizing the telecommunications network and charge rates payable by auction-participating organizations;

b/ Grant of a license through examination for selection of entities eligible for the radio frequency use right, which shall be carried out on the basis of evaluating examination dossiers according to the criteria of investment, professional technical and business capabilities in order to secure the fulfillment of the commitment to organizing the telecommunications network of applying organizations;

c/ Direct licensing of the radio frequency use right, which shall be carried out on the basis of considering dossiers of application for licenses on the first come, first served principle.

2. The method of granting licenses through auction shall be applied to the following frequency bands and frequency channels:

a/ Frequency bands for establishing public land mobile telecommunications networks;

b/ Frequency bands and frequency channels for establishing other public land telecommunications networks as decided by the Prime Minister at the proposal of the Minister of Information and Communications based on the practical development of the domestic telecommunications market and international practices on licensing of such types of frequency bands and frequency channels.

3. The method of granting licenses through examination for selection of entities eligible for the radio frequency use right shall be applied to the frequency bands and frequency channels specified in Clause 2 of this Article when it is necessary to apply new technologies in wide areas within a certain period of time or to attract new organizations to participate in the market for promoting competition in telecommunications activities.

The Prime Minister shall decide on frequency bands and frequency channels to be licensed through examination for selection of entities eligible for the radio frequency use right at the proposal of the Minister of Information and Communications.

4. The method of direct licensing shall be applied to the following frequency bands and frequency channels:

a/ Frequency bands and frequency channels other than those specified in Clause 2 of this Article;

b/ Frequency bands and frequency channels specified in Clause 2 of this Article when they are used for the purpose of testing telecommunications networks and services or in the special cases specified in Clause 1, Article 11a of this Law;

c/ Frequency bands and frequency channels specified in Clause 2 of this Article when licenses are granted in the state of emergency in accordance with law, with the validity period of licenses not exceeding 3 years, or when license are re-granted under Article 20a of this Law;

d/ In special cases in which the frequency bands specified in Clause 2 of this Article are licensed to state enterprises directly serving national defense and security purposes for use for no more than 3 years for economic development in combination with performance of national defense and security tasks.

The Ministry of National Defense or Ministry of Public Security shall formulate schemes on use of frequency bands for economic development in combination with performance of national defense and security tasks, and collect opinions of the Ministry of Information and Communications and Ministry of Public Security for schemes formulated by the Ministry of National Defense, or collect opinions of the Ministry of National Defense for schemes formulated by the Ministry of Public Security, and submit them to the Prime Minister for approval before the Ministry of Information and Communications grants licenses.

Such schemes must not affect national defense and security; and must ensure safety and protection of state secrets; facilitate fair competition in telecommunications activities; specify national defense and security tasks to be assigned to enterprises; and define a basic proportion of frequencies to be used to serve national defense and security tasks to the total number of frequencies to be licensed.

Three months before a license expires, the Ministry of National Defense or Ministry of Public Security shall evaluate the efficiency of the use of the licensed frequency bands and report it to the Prime Minister for consideration and decision on termination or continued implementation of the scheme on use of such frequency bands for no more than 12 years, which shall serve as a basis for the Ministry of Information and Communications to extend the validity period of the license.

5. The Government shall detail this Article.

Article 18a. Conditions for participation in auction or examination to select entities eligible for the radio frequency use right and commitments on operation of telecommunications networks       

1. Conditions for an organization to participate in auction or examination to select entities eligible for the radio frequency use right:

a/ Fully satisfying the conditions specified at Points a, d, dd and e, Clause 2, Article 19 of this Law;

b/ Fully satisfying the conditions for being granted a license for establishment of a telecommunications network using frequency bands or frequency channels corresponding to those put for auction or examination for selection of entities eligible for the radio frequency use right in accordance with the law on telecommunications;

c/ Having fulfilled financial obligations related to telecommunications and radio frequencies in accordance with law;

d/ Having committed to operating a telecommunications network under Clauses 2 and 3 of this Article.

2. A commitment on operation of a telecommunications network must include the following information:

a/ Total capital amount to be invested in the network or number of radio stations to be operated;

b/ Service coverage based on population or geographical area;

c/ Time of commencement of the official provision of telecommunications services counting from the licensing date;

d/ Quality of telecommunications services;

dd/ Roaming.

3. In pursuance to Clause 2 of this Article, the Minister of Information and Communications shall decide on the number of commitment contents and specific requirements of each content of commitment on operation of a telecommunications network for each frequency band or frequency channel put for auction or examination for selection of entities eligible for the radio frequency use right or re-licensed.

4. An organization that breaches the content of its commitment on operation of a telecommunications network specified at Point a or b, Clause 2 of this Article shall have its radio frequency use right partially suspended for a definite time for the licensed frequency band without having the charge or levy paid for grant of the radio frequency use right refunded for the suspended part of the radio frequencies during the suspension period.

5. The Government shall detail this Article.”.

7. To amend and supplement Points b, c and d, Clause 2, Article 19 as follows:

“b/ Having a telecommunications license in accordance with the law on telecommunications, for organizations applying for radio frequency use licenses to establish telecommunications networks;

c/ Having a media license or having the right to broadcast radio or television programs in accordance with law;

d/ Having a feasible plan on radio frequency use in line with the radio frequency master plan or having a feasible plan on radio frequency use for the special cases specified in Clause 1, Article 11a of this Law;”.

8. To amend and supplement Article 20 and add Article 20a below Article 20 as follows:

“Article 20. Grant of frequency band use licenses

1. Eligible for grant of licenses are organizations lawfully operating in Vietnam.

2. To be eligible for direct licensing, the organizations specified in Clause 1 of this Article must fully satisfy the conditions specified at Points a, b, d, dd and e, Clause 2, Article 19 of this Law.

In the case of licensing specified at Point d, Clause 4, Article 18 of this Law, the applying organizations must satisfy the conditions specified at Points a, b, d, dd and e, Clause 2, Article 19 of this Law and shall obtain the Prime Minister’s decisions approving their schemes on frequency band use.

The re-grant of licenses must comply with Article 20a of this Law.

3. To be eligible for grant of a license through auction or examination to select entities eligible for the radio frequency use right, an organization specified in Clause 1 of this Article must fully satisfy the following conditions:

a/ Having won an auction or passed an examination to select entities eligible for the radio frequency use right;

b/ Having a license for establishment of a telecommunications network using the frequency bands or frequency channels licensed after having won an auction or passed an examination to select entities eligible for the radio frequency use right.

Article 20a. Re-grant of frequency band use licenses

1. Re-grant of a frequency band use license means permitting the organization granted such frequency band use license to continue using radio frequencies for the whole frequency band block previously licensed when its frequency band use license expires.

2. The radio frequency use right shall be re-licensed for a frequency band in case all licensed frequency band blocks are conformable with the division of frequency band blocks under the frequency band master plan applied at the time when the frequency band use license expires. 

3. At least 3 years before a frequency band use license expires, the Ministry of Information and Communications shall notify the license holder of the frequency band master plan applied at the time when such license expires.

4. Conditions for an organization to be re-granted a frequency band use license:

a/ Fully satisfying the conditions specified at Points a, b, d, dd and e, Clause 2, Article 19 of this Law;

b/ Having fulfilled financial obligations related to telecommunications and radio frequencies in accordance with law, for the previously licensed frequency bands and frequency channels which are requested to be re-licensed;

c/ Having paid fully and on time the levy for grant of the radio frequency use right and the charge for radio frequency use, for frequency bands and frequency channels requested to be re-licensed in accordance with law;  

 d/ Having made a commitment on operation of a telecommunications network for frequency bands and frequency channels requested to be re-licensed under Clauses 2 and 3, Article 18a of this Law.

5. Within 30 days before the date on which its frequency band use license remains valid for 6 months, an organization that wishes to have such license re-granted shall send a dossier of request for license re-grant to the Ministry of Information and Communications.

The Ministry of Information and Communications shall re-grant a frequency band use license to the applying organization at least 30 days before the old license expires; in case of refusal to re-grant such license, it shall reply in writing, clearly stating the reason.

6. Re-granted frequency band use licenses that expire shall be considered for being extended under Clause 1, Article 22 of this Law.

7. Frequency band use licenses may not be re-granted for frequency bands or frequency channels licensed for the purpose of testing telecommunications networks and services or licensed in the state of emergency in accordance with law or licensed under Clause 1, Article 11a or Point d, Clause 4, Article 18 of this Law.”.

9. To amend and supplement Article 22 as follows:

“Article 22. Extension, modification, supplementation and renewal of radio frequency use licenses; termination of use of radio frequencies

1. The extension of a radio frequency use license must adhere to the principles specified in Article 17 of this Law and comply with the following provisions:

a/ The licensed organization or individual has fulfilled all obligations specified for each kind of license;

b/ The license’s remaining validity period is at least 30 days, for radio frequency and equipment use licenses; 60 days, for frequency band use licenses; or 90 days, for frequency and satellite orbit use licenses;

c/ The validity period of an extended license must not exceed the validity period provided for telecommunications licenses or media licenses or must conform to the radio or television broadcasting right as provided by law;

d/ The total validity period of an initially granted license and its extensions must not exceed the maximum validity period provided for each kind of radio frequency use license. In case the validity period of an initially granted license is equal to the maximum validity period provided for the relevant kind of license, no extension is permitted;

dd/ The Prime Minister promulgates an approval decision, for the case specified at Point d, Clause 4, Article 18 of this Law.

2. The modification or supplementation of a radio frequency use license must adhere to the principles specified in Article 17 of this Law and comply with the following provisions:

a/ The license remains valid;

b/ The licensed organization or individual has fulfilled all the obligations specified for each kind of license;

c/ The modification or supplementation of the license must comply with Articles 19, 20, 20a and 21 of this Law, for each kind of license.

3. A radio frequency use license shall be renewed in case it is lost or damaged.

4. The termination of use of radio frequencies at the request of an organization or individual is as follows:

a/ The organization or individual that no longer wishes to use radio frequencies shall send to the Ministry of Information and Communications a request for termination of use of radio frequencies;

b/ For a granted license not accompanied with a commitment on operation of a telecommunications network, the organization or individual that terminates the use of radio frequencies may be refunded the paid charge for radio frequency use and levy for grant of the radio frequency use right for the remaining validity period of the license (rounded up to months) in accordance with law in case the license remains valid for at least 30 days counted to the date on which the Ministry of Information and Communications receives such request;

c/ For a granted license accompanied with a commitment on operation of a telecommunications network, the organization or individual that terminates the use of radio frequencies will not be refunded the paid charge for radio frequency use and levy for grant of the radio frequency use right.

5. In case of termination of use of radio frequencies under Article 12 of this Law, the concerned organization or individual may be refunded the paid charge for radio frequency use and levy for grant of the radio frequency use right for the remaining validity period of the license (rounded up to months) in accordance with law after the Ministry of Information and Communications issues a license revocation decision.”.

10. To amend and supplement a number of Points and Clauses of Article 23 as follows:

a/ To amend and supplement Points dd, e and g, and add Point h below Point g, Clause 1 as follows:

“dd/ Failing to fully pay the charge for radio frequency use or the levy for grant of the radio frequency use right in accordance with law and still failing to manage to do so within 12 months from the deadline for charge or levy payment as notified by the specialized management agency in charge of radio frequencies;

e/ Failing to actually perform operations indicated in their licenses after 2 years from the licensing date, except the case specified at Point h of this Clause;

g/ Having their telecommunication licenses, media licenses or radio or television broadcasting right revoked;

h/ Failing to remedy their violations of commitments on operation of telecommunication networks upon the expiration of the period of partial suspension of the radio frequency use right.”;

b/ To amend and supplement Clause 2 and add Clause 3 below Clause 2 as follows:

“2. After 1 year from the date its/his/her radio frequency use license is revoked under Points b, c, d or dd, Clause 1 of this Article, in case its/his/her violation is not serious enough for penal liability examination and it/he/she has remedied consequences caused by the violation and fully satisfies the conditions for being granted a license specified in this Law, an organization or individual may be considered for grant of a radio frequency use license.

3. Organizations and individuals that have their radio frequency use licenses revoked under Clause 1 of this Article may not be refunded the charge for radio frequency use and the levy for grant of the radio frequency use right.”.

11. To amend and supplement Article 24 as follows:

“Article 24. Transfer of the radio frequency use right

1. An organization granted a frequency band use license through auction may transfer the radio frequency use right to another organization after 5 years from the licensing date.

An organization granted a frequency band use license through examination for selection of entities eligible for the radio frequency use right or by the method of direct licensing may not transfer the radio frequency use right.

2. Conditions for transfer of the radio frequency use right:

a/ The transferee must fully satisfy the conditions for being granted a license to establish a telecommunications network conformable with the transferred frequency bands or frequency channels in accordance with the law on telecommunications, and the conditions specified at Points a, d, dd and e, Clause 2, Article 19 of this Law, and inherit all obligations of the transferor;

 b/ The total frequency band width licensed for the transferee after the transfer must not exceed the total frequency band width limit licensed for an organization as specified in the frequency band master plan;

c/ The parties involved in the transfer of the radio frequency use right shall guarantee the lawful rights and interests of telecommunications service users under signed telecommunications service use contracts.

3. Based on the conditions specified in Clause 2 of this Article, the Ministry of Information and Communications shall consider and approve the transfer; grant frequency band use licenses to the radio frequency use right transferees after the transfer is completed.

4. The parties involved in the transfer of the radio frequency use right shall perform their tax obligations in accordance with the tax laws.

5. The Government shall detail this Article.”.

12. To amend and supplement Article 31 as follows:

“Article 31. Charge for radio frequency use, fee for grant of radio frequency use licenses, and levy for grant of the radio frequency use right

1. Organizations and individuals that are granted radio frequency use licenses shall pay the charge for radio frequency use and the licensing fee.

Charge/fee rates shall be determined to basically cover costs, taking into account the State’s socio-economic development policies in each period, ensuring fairness, publicity, transparency and equality on the basis of use purposes, level of radio frequency spectrum occupancy, service coverage, level of frequency use in frequency bands, and geographical areas where radio frequencies are used.

The collection, payment, management and use of the radio frequency-related charge and fee must comply with the law on charges and fees.

2. Organizations that are granted frequency band use licenses for the frequency bands or frequency channels specified in Clauses 2 and 3 and at Point c, Clause 4, Article 18 of this Law shall pay the levy for grant of the radio frequency use right.

3. State enterprises directly serving national defense and security purposes that are licensed to use radio frequencies for economic development in combination with performance of national defense and security tasks specified at Point d, Clause 4, Article 18 of this Law are obliged to pay the charge and levy for grant of the radio frequency use right for the number of radio frequencies used for economic development, adhering to the principle of ensuring fairness between state enterprises directly serving national defense and security purposes and other telecommunications enterprises granted the radio frequency use right on the same frequency band.

4. The levy for grant of the radio frequency use right shall be remitted into the state budget. The Government shall provide in detail levy rates and methods of levy collection, payment, management and use.”.

13. To amend and supplement Clauses 1 and 2, Article 32 as follows:  

“1. An operator of radio equipment in the maritime or aeronautical mobile operations or amateur radio operations must possess a radio operator certificate, except where he/she possesses an equivalent certificate in accordance with a law or a treaty to which the Socialist Republic of Vietnam is a contracting party.

2. The Government shall provide in detail conditions and procedures for recognition of organizations eligible for training of radio operators and grant of radio operator certificates for the maritime or aeronautical mobile operations or amateur radio operations; provide radio operator certificates, subjects, conditions and procedures for grant or revocation of radio operator certificates, and recognition of foreign radio operator certificates, except the case specified in Clause 3 of this Article.”.

14. To amend and supplement a number of Points and Clauses of Article 42 as follows:

a/ To amend and supplement Point c and add Point d below Point c, Clause 2 as follows:

“c/ Approve results of international cooperation on radio frequencies and satellite orbits;

d/ Examine and notify the International Telecommunications Union of the registration of foreign radio frequencies and satellite orbits that are likely to impact Vietnam’s satellite system.”;

b/ To add Point e below Point dd, Clause 3 as follows:

“e/ Examine, and report to the Ministry of Information and Communications on results of the examination of, registrations of foreign radio frequencies and satellite orbits announced by the International Telecommunications Union that are likely to impact satellites for which the licenses to use radio frequencies and satellite orbits have been granted.”.

15. To amend and supplement Clauses 2 and 3, Article 45 as follows:

“2. In case the Ministry of National Defense or Ministry of Public Security requests the use of radio frequencies for national defense or security purposes other than those exclusively allocated, the Ministry of Information and Communications shall consider and approve such request, except the frequency bands and frequency channels specified in Clauses 2 and 3, Article 18 of this Law, which shall be allocated under Clause 1 of this Article.

3. Where there are circumstances that might directly impact the national sovereignty or security:

a/ The Ministry of National Defense and Ministry of Public Security may decide on the use of radio equipment and the use of radio frequencies other than those allocated for national defense and security purposes and notify such to the Ministry of Information and Communications;

b/ If it is likely to cause an interference harmful to radio frequencies and equipment of the Ministry of National Defense or Ministry of Public Security, the Ministry of Information and Communications shall notify such to the impacted organizations and individuals for them to stop using radio frequencies and equipment until the circumstance specified in this Clause ends.”.

16. To amend and supplement a number of Points of Clause 1, Article 46 as follows:

a/ To amend and supplement Point a as follows:

“a/ Provide the management and use of radio frequencies allocated for national defense and security purposes, ensuring efficient, economical and proper use of allocated radio frequencies in conformity with the radio frequency master plan;”;

b/ To add Point e below Point dd as follows:

“e/ Direct, examine and inspect state enterprises, which directly serve national defense and security purposes and are granted licenses under Point d, Clause 4, Article 18, in implementing schemes approved by the Prime Minister, other provisions of this Law, and other relevant regulations.”.

17. To add, replace or remove words, phases or clauses in a number of articles as follows:

a/ To replace the phrase “the national master plan on telecommunications development” in Clause 7, Article 10 with the phrase “the national master plan on information and communications infrastructure, avoiding accumulation”;

b/ To replace the phrase “the specialized management agency in charge of radio frequencies” in Clause 4, Article 12 with the phrase “the Ministry of Information and Communications”;

c/ To replace the phrase “the Minister of Information and Communications” at Point b, Clause 1, Article 19; in Clause 3, Article 25; and in Clause 3, Article 26 with the words “the Government”;

d/ To remove the phrase “operating at a short range and with a limited output,” from Point a, Clause 1, Article 27;

dd/ To add the phrase “; examine registrations of foreign radio frequencies and satellite orbits” following the word “satellites” in Clause 8, Article 30;

e/ To add the phrase “, electric and electronic equipment and radio wave appliances” following the phrase “radio equipment” in Clause 3, Article 39;

g/ To replace the phrase “the Minister of Information and Communications shall assume the prime responsibility for, and coordinate with the Minister of Construction, Minister of National Defense and Minister of Public Security in,” in Clause 2, Article 40 with the words “the Government”;

h/ To remove the phrase “under Article 44 of this Law” at Point d, Clause 1, Article 43;

i/ To add the phrase “and submit to the Prime Minister for approval the contents” before the phrase “as follows” in Clause 2, Article 46;

k/ To annul Clause 3, Article 8, and Clause 3, Article 19.

Article 2. To amend and supplement a number of articles of the relevant laws

1. To add Section 228 below Section 227 of Appendix IV on the List of conditional investment business sectors and trades to Law No. 61/2020/QH14 on Investment, which has a number of articles amended and supplemented under Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, and Law No. 08/2022/QH15, as follows:   

“Training of radio operators and grant of radio operator certificates”.

2. To add the phrase “, radio frequencies” following the phrase “alcohol and beer harm prevention and control” in Clause 1, Article 64 of Law No. 15/2012/QH13 on Handling of Administrative Violations, which has a number of articles amended and supplemented under Law No. 54/2014/QH13, Law No. 18/2017/QH14, and Law No. 67/2020/QH14.

Article 3. Effect

1. This Law takes effect on July 1, 2023, except the provisions of Clause 2 of this Article.

2. The provisions on training of radio operators and grant of radio operator certificates of this Law will take effect on July 1, 2024.

Article 4. Transitional provisions

1. Radio frequency use licenses granted before the effective date of this Law remain valid until their expiry dates. Radio operator certificates granted before July 1, 2024, may continue to be used until their expiry dates.

2. For organizations already granted frequency band use licenses to establish public land mobile telecommunications networks and such licenses expire before September 6, 2023, their licenses may be considered for extension under Article 16 of Law No. 42/2009/QH12 on Radio Frequencies, and Points a, b and c, Clause 1, Article 22 of Law No. 42/2009/QH12 on Radio Frequencies, which is amended and supplemented under Clause 9, Article 1 of this Law, through September 15, 2024, and they will not be required to pay the levy for grant of the radio frequency use right for the extended period. 

3. For organizations that have been granted frequency band use licenses to establish public land mobile telecommunications networks and such licenses expire before September 16, 2024, they are not required to pay the levy for grant of the radio frequency use right until the expiration of such licenses without any extension, except the case specified in Clause 2 of this Article.

4. The Ministry of Information and Communications shall notify before August 1, 2023, frequency band master plans regarding frequency bands already licensed to the organizations specified in Clauses 2 and 3 of this Article. For frequency band blocks to be considered for re-licensing and sharing radio frequencies according to frequency band use licenses granted before the effective date of this Law, such licenses may be considered for re-grant based on their actual use status.

5. The training of radio operators and grant of radio operator certificates must continue to comply with Law No. 42/2009/QH12 on Radio Frequencies through June 30, 2024.

This Law was passed on November 9, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam, at its 4^th session.-

Chairman of the National Assembly
VUONG DINH HUE