Law amend Law on Radio Frequencies, Law on Telecommunications, Law on E-Transactions and Law on Technology Transfer 2026, No. 20/2026/QH16

LAW

LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON RADIO FREQUENCIES, THE LAW ON TELECOMMUNICATIONS, THE LAW ON E-TRANSACTIONS AND THE LAW ON TECHNOLOGY TRANSFER

Pursuant to the Constitution of the Socialist Republic of Vietnam, which had a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law Amending and Supplementing A Number of Articles of the Law on Radio Frequencies No. 42/2009/QH12, which had a number of articles amended and supplemented under Law No. 09/2022/QH15, Law No. 24/2023/QH15, and Law No. 84/2025/QH15; the Law on Telecommunications No. 24/2023/QH15, which had a number of articles amended and supplemented under Law No. 47/2024/QH15, Law No. 112/2025/QH15 and Law No. 116/2025/QH15; the Law on E-Transactions No. 20/2023/QH15, which had a number of articles amended and supplemented under Law No. 60/2024/QH15, Law No. 116/2025/QH15 and Law No. 148/2025/QH15; and the Law on Technology Transfer No. 07/2017/QH14, which had a number of articles amended and supplemented under Law No. 16/2023/QH15, Law No. 93/2025/QH15 and Law No. 115/2025/QH15.

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

1. To amend and supplement Clause 17, Article 3 as follows:

“17. Examination of a radio frequency means the consideration of the actual use of a radio frequency, radio equipment, a radio frequency use license or certificate of eligibility for radio equipment operation (hereinafter referred to as the radio operator certificate); the measurement of technical parameters of a radio station; the identification of causes of harmful interference for assessment and appraisal of observance of the law on radio frequencies.”.

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

“h) To provide further training and professional guidance on radio operation; to manage the grant, recognition and revocation of radio operator certificates for amateur radio operations;”.

3. To amend and supplement Point d, Clause 4, Article 18 as follows:

“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 5 years for economic development in combination with performance of national defense and security tasks.

The Ministry of National Defence 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 Science and Technology and Ministry of Public Security for schemes formulated by the Ministry of National Defence, or collect opinions of the Ministry of National Defence for schemes formulated by the Ministry of Public Security, and submit them to the Prime Minister for approval before the Ministry of Science and Technology 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.

At least 9 months before a license expires, the Ministry of National Defence 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 10 years,  which shall serve as a basis for the Ministry of Science and Technology to extend the validity period of the license.”.

4. To amend and supplement Clause 2, Article 20 as follows:

“2. To be eligible for direct licensing, the organizations specified in Clause 1 of this Article must possess a license for provision of telecommunications services based on network infrastructure as prescribed by the law on telecommunications.

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

5. To amend and supplement Clause 4 Article 20a as follows:

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

a) Possessing a license for provision of telecommunication services based on network infrastructure as prescribed by the law on telecommunications;

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

6. To amend and supplement Clause 2, Article 21 as follows:

“2. Licensed organizations specified in Clause 1 of this Article must have a plan to launch a satellite into orbit that satisfies the requirements regarding the time limit for bringing the satellite into use in accordance with regulations of the International Telecommunication Union.”.

7. To amend and supplement Point c, Clause 1, Article 22 as follows:

“c) The validity period of the renewed license must not exceed the validity period provided for licenses for provision of telecommunication services based on network infrastructure;”.

8. To amend and supplement Point g, Clause 1, Article 23 as follow:

“g) Having their licenses for provision of telecommunication services based on network infrastructure revoked;”.

9. To amend and supplement Point a, Clause 2, Article 24 as follows:

“a) The transferee must fully satisfy the conditions for being granted a license for provision of telecommunication services based on network infrastructure conformable with the transferred frequency bands or frequency channels in accordance with the law on telecommunications, and inherit all obligations of the transferor;”.

10. To amend and supplement Article 32 as follows:

“Article 32. Radio operator certificates

1. Operators of radio equipment in the maritime or aeronautical mobile operations or amateur radio operations must possess a radio operator certificate granted or recognized by the competent agency or organization.

2. The Minister of Construction shall specify matters relating to the grant, recognition and revocation of radio operator certificates in the maritime or aeronautical mobile operations, except the cases specified in Clause 3 of this Article.

3. The Minister of National Defence and the Minister of Public Security shall specify matters relating to the grant, recognition and revocation of radio operator certificates in the maritime or aeronautical mobile operations in the fields of national defense and security.

4. The Minister of Science and Technology shall specify matters relating to the grant, recognition and revocation of radio operator certificates in amateur radio operations.”.

11. To amend and supplement Point c, Clause 1, Article 46 as follows:

“c) Grant, modify, renew and revocation of radio frequency use licenses; grant, recognition and revocation of radio operator certificates in the maritime or aeronautical mobile service in the fields of national defense and security;”.

12. To replace and remove a number of phrases in some articles, clauses and points as follows:

a) To replace the phrase “the Ministry of Information and Communications” with the phrase “the Ministry of Science and Technology” in Clauses 2 and 3, Article 5; Article 6; Clause 2, Article 11; Clause 2, Article 11a; Clauses 3 and 4, Article 12; Clause 2, Article 13; Clause 5, Article 14; Clause 3, Article 15; Clause 3a, Article 16; Point b, Clause 2 and Clause 3, Article 18; Clause 3, Article 18a; Clauses 3 and 5, Article 20a; Points a and b, Clause 4 and Clause 5, Article 22; Clause 3, Article 24; Clause 2, Article 27; Clause 1, Article 35; Clause 1, Article 37; Clause 2, Points c and e, Clause 3, Article 42; Clauses 1 and Point c, Clause 2, Article 43; Clauses 1 and 3, Article 44; Article 45 and Clause 2, Article 46;

b) To remove the phrase “after reaching agreement with the Ministry of Information and Communications” in Clause 3, Article 13 and Clause 4, Article 15.

13. To repeal Point a, Clause 1, Article 18a; Clause 2, Article 19; Point a, Clause 3, Article 20; and Point dd, Clause 1, Article 22.

Article 2. To amend and supplement a number of articles of the Law on Telecommunications

1. To amend and supplement a number of points and clauses of Article 36 as follows:

a) To amend and supplement Point a, Clause 2 as follows:

“a) The conditions specified at Points a, b and d, Clause 1 of this Article;”;

b) To amend and supplement Clause 3 as follows:

“3. An enterprise may be granted a telecommunications license specified at Point b, Clause 2, Article 35 of this Law when fully satisfying the conditions specified at Points a and d, Clause 1 of this Article.”.

2. To amend and supplement Article 37 as follows:

“Article 37. Conditions on telecommunications for participation in auctions or contests for selection of the radio frequency use right

Enterprises that satisfy the conditions specified at Points a, b, d and dd, Clause 1, Article 36 of this Law and have fulfilled the telecommunications-related financial obligations specified by law shall be regarded as fully satisfying conditions on telecommunications for participation in auctions or contests for selection of the radio frequency use right.”.

3. To amend and supplement Clauses 2, 3 and 4 Article 47 as follows:

“2. The sharing of telecommunications infrastructure shall be carried out under contracts or other documents on the basis of guaranteeing lawful rights and interests of related parties as prescribed by law.

Mechanisms and policies for sharing telecommunications infrastructure to perform national defense and security tasks in each period shall comply with the Government's regulations.

3. In case of sharing of telecommunications infrastructure under Point a, Clause 1 of this Article; if the parties fail to reach an agreement on prices for sharing of telecommunications infrastructure, negotiation shall be held in accordance with the law on price.

In case the parties cannot reach agreement on other contents related to the sharing of telecommunications infrastructure, a competent state agency shall decide thereon on the basis of ensuring the lawful rights and interests of relevant parties in accordance with law.

4. The Government shall detail this Article.”.

4. To replace and remove a number of phrases in some clauses and points as follows:

a) To replace the phrase “technical plans and business plans” with the phrase “business and technical plans” at Point d, Clause 1, Article 36;

b) To replace the phrase “the Ministry of Information and Communications” with the phrase “the Ministry of Science and Technology” at Point c, Clause 4, Article 6; Points d and e, Clause 2, Article 13; Clause 3, Article 16; Clause 2 and Point d, Clause 3, Article 17; Point b, Clause 1, and Clauses 2 and 3, Article 23; Clause 2, Article 25; Clause 3, Article 29; Clause 1, Article 31; Clause 4 and Point a, Clause 5, Article 32; Clause 4, Article 33; Point a, Clause 4, Article 39; Point dd, Clause 1, and Point d, Clause 2, Article 40; Clause 4, Article 45; Clause 3, Article 46; Clause 2, Article 49; Point a, Clause 3, Point dd, Clause 4, Point b, Clause 5, and Point c, Clause 9, Article 50; Clause 1, Article 51; Clause 6, Article 55; Clauses 1 and 2 and Points b and c, Clause 3, Article 59; Clause 1, Article 67; Clauses 2 and 4, Article 69; and Clause 6, Article 70;

c) To remove the phrase “, the Ministry of Planning and Investment” at Points a and b, Clause 4, Article 32.

d) To remove the phrase “conditions for operation,” in Clause 4, Article 48.

5. To repeal Point c, Clause 1, Article 36.

Article 3. To amend and supplement a number of articles of the Law on E-Transactions

1. To amend and supplement Clause 4, Article 28 as follows:

“4. The Government shall detail the operation of trusted service providers; processes, procedures, dossiers for grant, re-grant, temporary suspension and revocation of licenses for provision of trust services and other contents specified in this Article.”.

2. To replace the phrase “the Ministry of Information and Communications” with the phrase “the Ministry of Science and Technology” in Clauses 2 and 3, Article 25; Clause 4, Article 26; Clause 3, Article 28; Point d, Clause 2, Article 47; Clause 2, Article 48; Clauses 2 and 3, Article 50.

Article 4. To amend and supplement a number of articles of the Law on Technology Transfer

1. To amend and supplement Clause 2, Article 41 as follows:

“2. Based on the national socio-economic development tasks in each period, the Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related ministries and agencies in, formulating and promulgating programs on development of the national science and technology market in accordance with the law on science, technology and innovation.”.

2. To amend and supplement Clause 2, Article 54 as follows:

“2. To assume the prime responsibility for, and coordinate with relevant ministries, provincial-level People’s Committees and agencies in, formulating, promulgating according to the competence, or submitting to the competent authority for promulgating programs, schemes and policies on the import of technologies, development of the science and technology market and promotion of technology transfer, application and innovation as prescribed by law.”.

Article 5. Effect

1. This Law takes effect from March 01, 2027, except Clause 2 of this Article.

2. The provisions of Clause 3, Article 1 and Article 4 of this Law takes effect on October 01, 2026.

Article 6. Transitional provisions

1. Where a scheme for the use of frequency bands for economic development in combination with the performance of national defense and security tasks under Point d, Clause 4, Article 18 of the Law on Radio Frequencies No. 42/2009/QH12, which had a number of articles amended and supplemented under Law No. 09/2022/QH15, Law No. 24/2023/QH15, and Law No. 84/2025/QH15 (hereinafter referred to as the Law on Radio Frequencies No. 42/2009/QH12), has been submitted to the Prime Minister before October 01, 2026, but has not yet been approved, the provisions of Clause 3, Article 1 of this Law shall apply.

2. Where a scheme for the use of frequency bands for economic development in combination with the performance of national defense and security tasks under Point d, Clause 4, Article 18 of the Law on Radio Frequencies No. 42/2009/QH12 has been approved before October 01, 2026, by the Prime Minister, but the frequency band use license has not yet been granted, it shall continue to be implemented in accordance with the law applicable at the time the scheme was approved.

3. Where a frequency band use license has been granted under Point d, Clause 4, Article 18 of the Law on Radio Frequencies No. 42/2009/QH12 before October 01, 2026, the law applicable at the time the license was granted shall apply.

This Law was passed on August 24, 2026, by the XVI^th National Assembly of the Socialist Republic of Vietnam at its 1^st extraordinary session.