VIETNAM LEGAL DOCUMENTS

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Law 42/2009/QH12 23/11/2009 Radio Frequencies
THE NATIONAL ASSEMBLY
No: 42/2009/QH12
 
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi, day 23 month 11 year 2009                          
 

 LAW

ON RADIO FREQUENCIES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Radio Frequencies.

Chapter I

GENERAL PROVISIONS

Article I. Scope of regulation

This Law provides for the management and use of radio frequencies, radio equipment and satellite orbits and management of safety of radio radiation and electromagnetic compatibility (below collectively referred to as management and use of radio frequencies); rights and obligations of organizations and individuals involved in the management and use of radio frequencies.

Article 2. Subjects of application

This Law applies to organizations and individuals involved in the management and use of radio frequencies in Vietnam.

Article 3. Interpretation of terms

In this Law. the following terms are construed as follows:

1. Radio frequency means a frequency of radio waves.

Radio waves means electromagnetic waves with a frequency below 3.000 gigahertz (GHz) which freely travel in space without artificial guide.

2. Radio frequency spectrum means the whole range of radio frequencies.

3. Radio frequency band (below referred to as frequency band) means a range of radio frequencies limited by two given frequencies.

4. Radio frequency channel (below referred to as frequency channel) means a range of radio frequencies identified by its bandwidth and central frequency or other particular parameters.

5. Radiocommunication means the transmission, emission or reception of signs, signals, data, writing, images, sounds or information in other forms by radio waves.

6. Radio communication service means the transmission, emission and)or reception of radio waves for a specific radio communication purpose, including fixed, mobile, broadcasting, aeronautical or maritime navigation location satellite, standard broadcasting, amateur and other radio services. Radio services are divided into primary services and secondary services.

Primary service means a service prioritized for use under the national plan on radio frequency spectrum.

Secondary service means a service not prioritized for use under the national plan on radio frequency spectrum.

7. Radio station means a radio equipment or an assembly of radio equipment, including also the accessory equipment, for providing a radio communication service. A radio station is classified by the service it operates permanently or temporarily.

8. Radio radiation means energy generated from any source in the form of radio waves.

9. Radio emission means radiation by a radio transmitting station.

10. Radio equipment means an equipment for receiving, transmitting or receiving-transmitting signs, signals, data, writing, images, sounds or information in other forms by radio waves.

11. Radio-wave appliance means an equipment other than radio equipment, which generates and uses radio wave energy in a given area to serve industrial, scientific, medical and domestic applications or for similar purposes.

12. Satellite orbit means the path of movement of a satellite in space.

13. Harmful interference means the harmful effect of electromagnetic energy caused by radio emission, radiation or induction which harms or obstructs or interrupts the lawful operation of radio equipment or equipment systems.

14. Electromagnetic compatibility means the ability of radio electric or electronic equipment or an equipment system to normally operate in an electromagnetic environment without causing interference to other equipment or equipment systems.

15. Allocation of a radio frequency means the designation of a given frequency band or channel for its use by one or more organizations and individuals under specified conditions for a radio communication service.

16. Assignment of a radio frequency means the identification and licensing of an organization or individual to use a radio frequency or radio frequency channel under specified conditions for a radio station.

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 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.

18. Control of a radio frequency means the control and supervision by technical devices of the radio wave-transmitting activities.

Article 4. State policies on radio frequencies

1. To prioritize the development of human resources, physical and technical foundations to assure the effective management and use of radio frequencies.

2. To intensify international cooperation in the domain of radio frequencies to protect the State's interests and the national sovereignty over radio frequencies and satellite orbits.

3. To prioritize the use of radio frequencies in remote, deep-lying and border areas and islands, and areas with particularly difficult socio-economic conditions, and for national defense, security and natural disaster and epidemic prevention and combat.

4. To prioritize and encourage the research, development and application of technologies for efficiently using the radio frequency spectrum.

5. To encourage and support organizations to take part in registering satellite orbit locations.

Article 5. Responsibilities for state management of radio frequencies

1. The Government shall perform the unified state management of radio frequencies.

2. The Ministry of Information and Communications is answerable to the Government for performing the unified state management of radio frequencies, having the following tasks and powers:

a) To promulgate or propose competent state agencies to promulgate and organize the implementation of legal documents on radio frequencies: to promulgate national technical regulations on radio equipment, radio emission, electromagnetic compatibility and radio radiation safety;

b) To approve or submit to competent state agencies for approval and organize the implementation of. the planning on the radio frequency spectrum; to allocate frequency bands for national defense and security purposes: to specify conditions for the allocation, assignment and use of radio frequencies:

c) To grant, modify, supplement, extend or revoke radio frequency use licenses; to manage the fee for the grant of radio frequency use licenses and the charge for the use of radio frequencies under the law on charges and fees:

d) To organize radio frequency and satellite orbit coordination with other countries, territories and international organizations; to register radio frequencies and satellite orbits with international organizations:

e) To examine and control radio frequencies and handle harmful interference:

f) To inspect, examine and settle complaints and denunciations and handle violations of the law on radio frequencies:

g) To undertake international cooperation in the domain of radio frequencies;

h) To train, retrain, provide professional guidance and grant radio operator certificates to radio operators;

i) To conduct propaganda about and dissemination of the law on radio frequencies.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Information and Communications in performing the state management of radio frequencies.

4. People's Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of radio frequencies in their localities.

Article 6. The specialized management agency in charge of radio frequencies

The specialized management agency in charge of radio frequencies is an agency under the Ministry of Information and Communications and responsible for assisting the Minister of Information and Communications in performing a number of tasks of state management of radio frequencies assigned and decentralized by competent state agencies.

Article 7. Specialized inspection of radio frequencies

The Ministry of Information and Communications shall perform specialized inspection of radio frequencies and organize the apparatus of the specialized inspectorate under the law on inspection.

Article 8. International cooperation on radio frequencies

1. International cooperation on radio frequencies shall be undertaken on the principles of respect for independence and sovereignty, equality and mutual benefits.

2. Activities of international cooperation on radio frequencies include:

a) Conclusion of treaties and international agreements on radio frequencies:

b) International registration and coordination of radio frequencies and satellite orbits;

c) Exchange of information and experience on radio frequencies in order to raise the effectiveness of the management and use of Vietnam's radio frequencies and conform with the world's development trend;

d) Establishment and development of cooperation relationships in the management and use of radio frequencies with other countries and territories; training and development of human resources; formulation and implementation of international programs and projects on radio frequencies.

3. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in. specifically guiding the order and procedures for the conclusion of international agreements on radio frequencies.

Article 9. Prohibited acts

1. Using radio frequencies and equipment against the State of the Socialist Republic of Vietnam or to the detriment of national defense, security, social order and safety: or causing damage to the interests of the State and legitimate rights and interests of organizations and individuals.

2. Using radio frequencies exclusively reserved for emergency, safety, search, rescue, salvage, national defense and security for other purposes.

3. Obstructing agencies, organizations and persons on duty in performing their tasks of inspecting, examining and controlling radio frequencies and satellite orbits.

4. Intentionally causing harmful interference to and unlawfully obstructing the operation of radio communication systems.

5. Sabotaging radio technical infrastructure facilities; unlawfully obstructing the lawful building of radio technical infrastructure facilities.

6. Abusing one's position and powers to commit violations of the law on radio frequencies.

Chapter II

RADIO FREQUENCY PLANNING

Article 10. Principles of elaboration and approval of radio frequency master plans

1. Being compliant with Vietnam's laws and treaties to which the Socialist Republic of Vietnam is a contracting party, and international law and practices.

2. Being in line with the socio-economic development strategy, planning and plans in each period: ensuring harmony between the needs for using radio frequencies for socio-economic development, national defense and security.

3. Being conformable with the trend of development of radiocommunication services in the world and concurrently taking into account the practical use of radio frequencies in Vietnam.

4. Assuring the rational, effective and economical management and use of radio frequencies for proper purposes.

5. Applying new and modern technologies for efficiently using the radio frequency spectrum.

6. Being conformable with the trend of radio technology and service convergence.

7. Being in line with the national planning on telecommunications development with regard to frequency bands used in telecommunications activities.

Article 11. Types of radio frequency master plans: competence to approve and implement radio frequency master plans

1. Radio frequency master plans include:

a) National plan on the radio frequency spectrum, which is a master plan on the division of the radio frequency spectrum into frequency bands reserved for different radio communication services, prescribing use purposes and conditions for each frequency band:

b) Master plan on frequency bands, which is a master plan on the allocation of one or more frequency bands for a radio communication service or radio communication system, prescribing specific use principles and conditions for such frequency band(s):

c) Master plan on division of frequency channels, which is a master plan on the division of frequency bands into frequency channels for a specified communication service according to certain standards, prescribing use conditions for such frequency channels:

d) Master plan on the use of frequency channels, which is a master plan on the arrangement and conditions for using frequency channels in a system for a specified radio communication service.

2. Competence to approve and implement radio frequency master plans is provided for as follows:

a) The Minister of Information and Communications shall formulate and submit to the Prime Minister for approval the national plan on the radio frequency spectrum:

b) The Minister of Information and Communications shall approve master plans on frequency bands, the division of frequency channels or use of frequency channels based on the national plan on the radio frequency spectrum:

c) The Minister of Information and Communications shall assume the prime responsibility for. and coordinate with competent agencies in. appraising the conformity of development master plans and plans of sectors using radio frequencies with radio frequency master plans.

3. The manufacture 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 and law.

Article 12. Withdrawal of the right to use a radio frequency for the implementation of master plans

Withdrawal of the right to use a radio frequency for the implementation of a master plan means the withdrawal by a competent state agency, of the whole or part of the right to use a frequency band or channel already granted to an organization or individual when its)his)her radio frequency use license is still valid, for changing the use purpose or users.

2. The withdrawal of the right to use a radio frequency shall be made in the following cases:

a) The radio frequency will be used for national defense or security purpose or for national interests:

b) The use purpose and eligible users of the radio frequency are no longer in line with the radio frequency master plan.

3. The Ministry of Information and Communications shall publicly announce the radio frequency master plan, time of and plans on change of radio frequencies and equipment for the implementation of the master plan, and notify such to organizations and individuals whose right to use a radio frequency is withdraw n.

4. Organizations and individuals whose right to use a radio frequency is withdrawn shall stop using such radio frequency under withdrawal decisions of the specialized management agency in charge of radio frequencies.

5 Organizations and individuals whose right to use a radio frequency is withdrawn under Clause 2 of this Article will be compensated under law.

Chapter 111

MANAGEMENT OF RADIO EMISSION QUALITY. RADIO RADIATION SAFETY AND ELECTROMAGNETIC COMPATIBILITY

Article 13. Management of radio emission quality

1. Organizations and individuals that manufacture or import radio equipment on the list of radio equipment which are likely to cause harmful interference shall conduct certification and announcement of regulation conformity and affix regulation conformity stamps to such equipment before marketing or using them.

2. The Minister of Information and Communications shall promulgate the list ol radio equipment which are likely to cause harmful interference and require regulation conformity certification, announcement and stamps.

3. The Ministry of Science and Technology shall appraise and publicize national standards of radio emission after reaching agreement with the Ministry of Information and Communications.

4. The mutual recognition of results of assessment of conformity with standards and technical regulations on radio emission between Vietnam and other countries and territories shall be made in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party: the mutual recognition between Vietnam's conformity assessment organization and conformity assessment organizations of other countries and territories shall be effected in accordance with their agreements.

Article 14. Management of radio radiation safety

1. Assurance of radio radiation safety means taking measures to prevent, combat or minimize harmful effects of radio radiation of radio stations, radio equipment and radio-wave appliances on humans and the environment.

2. Users of radio stations, radio equipment and radio-wave appliances shall comply with the law on assurance of radio radiation safety.

3. Manufacturers or importers of radio equipment and radio-wave appliances on the list of those likely to produce unsafe radio radiation shall conduct regulation conformity certification and announcement and affix regulation conformity stamps to such equipment before marketing or using such them.

4. Before putting radio stations on the list of those subject to compulsory inspection of radio radiation safety into operation, organizations and individuals shall inspect these stations.

5. The Minister of Information and Communications shall promulgate a list of radio equipment and radio-wave appliances likely to produce unsafe radio radiation and requiring regulation conformity certification and announcement and use of regulation conformity stamps; the list of radio stations subject to compulsory inspection of radio radiation safety; prescribe inspection procedures and publicly announce a list of organizations qualified for inspecting radio radiation safety of radio stations.

Article 15. Management of electromagnetic compatibility

1. Users of electric or electronic equipment producing radio radiation shall comply with regulations on management of electromagnetic compatibility.

2. Manufacturers or importers of electric or electronic equipment producing radio radiation on the list of those likely to become unsafe due to electromagnetic incompatibility as specified in Clauses 3 and 4 of this Article shall conduct regulation conformity certification and announcement and affix regulation conformity stamps to such equipment before marketing or using such them.

3. The Minister of Information and Communications shall promulgate a list of radio equipment, telecommunications equipment, information technology equipment and radio-wave appliances likely to become unsafe due to electromagnetic incompatibility.

4. After reaching agreement with the Ministry of Information and Communications, the Minister of Information and Communications shall promulgate a list of electric or electronic equipment producing radio radiation and likely to become unsafe due to electromagnetic incompatibility, except those on the list specified in Clause 3 of this Article: and announce national standards on electromagnetic compatibility for electric and electronic equipment producing radio radiation.

5. The mutual recognition of results of assessment of conformity with standards and technical regulations on electromagnetic compatibility between Vietnam and other countries and territories shall be effected in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party; the mutual recognition between Vietnam's conformity assessment organization and conformity assessment organizations of other countries and territories shall be effected in accordance with their agreements.

Chapter IV

LICENSING AND USE OF RADIO FREQUENCIES

Article 16. Radio frequency use licenses

1. Organizations and individuals that wish to use radio frequencies and equipment shall obtain relevant radio frequency use licenses, except in the cases specified in Article 27 of this Law.

Radio frequency use licenses include radio frequency and equipment use license, frequency band use license and frequency and satellite orbit use license.

2. Validity durations of radio frequency use licenses are prescribed as follows:

a) A radio frequency and equipment use license will be valid for maximum 10 years and granted for organizations and individuals to use radio frequencies and equipment under specified conditions:

b) A frequency band use license will be valid for maximum 15 years and granted for organizations to use given frequency bands or channels under specified conditions:

c) A frequency and satellite orbit use license will be valid for maximum 20 years and granted for organizations to operate radio stations on satellites at specified satellite orbit locations or to use given frequency bands under specified conditions.

3. Radio frequency use licenses granted to organizations and individuals will have specific validity durations as requested by these organizations and individuals, which do not exceed the maximum validity duration of each kind of license specified in Clause 2 of this Article and must be in line with the radiofrequency master plan.

4. The Minister of Information and Communications shall specify procedures for granting, modifying, supplementing and revoking radio frequency use licenses.

Article 17. Licensing principles

1. Publicity, transparency and lawfulness.

2. Compliance with the radio frequency master plan.

3. Satisfaction of radio technology and service convergence requirements.

4. Assurance of feasibility, rationality, efficiency, thrift and proper purposes: protection of lawful rights and interests of radio service users.

5. Primary services are prioritized over secondary services.

6. Satisfaction of the needs for using radio frequencies for public interests and performing the State's public-utility tasks.

7. The grant of radio frequency use licenses to Vietnam-based foreign diplomatic missions and consular offices and representative offices of international organizations, and high-ranking foreign delegations visiting Vietnam that enjoy diplomatic privileges and immunities must comply with this Law. treaties to which the Socialist Republic of Vietnam is a contracting party, and international law and practices.

Article 18. Licensing methods

1. Licensing methods are prescribed as follows:

a) Direct licensing shall be conducted on the basis of consideration of license application dossiers;

b) Licensing through examinations to select entities eligible for the right to use a radio frequency shall be conducted on the basis of appraisal of their dossiers according to basic criteria of financial, investment, professional technical and business capabilities and human resources;

c) Licensing through auction of the right to use a radio frequency shall be conducted on the basis of appraisal of bid dossiers according to certain criteria and bids offered.

2. Direct licensing shall be applied to radio frequencies to be used for the State's public-utility tasks or of low commercial value or the demands for which do not exceed the radio frequency allocation capacity indicated in the radio frequency master plan, and on the first come first served principle.

3. Licensing through auction or examination to select entities eligible for the right to use a radio frequency is specified as follows:

a) It shall be applied to frequency bands or channels of high commercial value and the demands for which exceed the allocation capacity indicated in the radio frequency master plan;

b) Participants in auctions or examinations to select entities eligible for the right to use a frequency band or channel are organizations eligible for the grant of a telecommunications network establishment license under the law on telecommunications;

c)The Prime Minister shall detail the auction of the right to use a radio frequency; decide on frequency bands or channels to be auctioned or subject to examination to select entities eligible for the right to use a radio frequency in each period and in line with the radio frequency master plan. The Minister of Information and Communications shall detail the examination to select entities eligible for the right to use a radio frequency.

Article 19. Grant of radio frequency and equipment use licenses

1. Entities to be licensed include:

a) Vietnamese organizations and citizens and foreign organizations that lawfully operate in Vietnam:

b) Foreigners who use amateur radio stations or radio frequencies for other purposes under regulations of the Minister of Information and Communications.

2. Conditions on licensees:

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