Advanced Search

Circular 02/2016/tt-Btttt: Regulated Radio Frequency Test

Original Language Title: Thông tư 02/2016/TT-BTTTT: Quy định kiểm tra tần số vô tuyến điện

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
MEDIA AND MEDIA
Number: 02 /2016/TT-BTTTT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 1, 2016

IT ' S SMART

Radio frequency check regulations n

______________

The National Code of Frequinline Law on November 23, 2009;

The Rules of Law. Why? The administrative breach on June 20, 2012;

Base of Protocol 132 /2013/NĐ-CP October 16, 2013 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Communications;

Base of Protocol 174 /2013/NĐ-CP November 13, 2013 of the Government provides for administrative violation of administrative violations in the field of postal, telecommunication, information technology, and radio frequency;

On the recommendation of the Director of the Department of the Qin,

The Ministry of Information and Communications Department of Communications regulates the frequency of radio frequency.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information regulates the principle, the form of radio frequency checks, the formation of the radio frequency inspection team; construction, approval of the radio frequency test plan; the board of decision-testing; inspection procedures, test content, and testing. The end of the radio frequency test; the responsibility of the inspection agency, the radio frequency inspection team, the organization, the individual using the frequency and radio equipment; the organization's responsibility, the individual who uses electrical devices, electronics, application devices. Radio waves are potentially harmful.

2. This information does not specify a test operation for the use of the power radio frequency dedicated to defense purposes, security. The examination for the person directly exploited the radio equipment, the radio equipment installed on the Vietnam ' s flying boat and the foreign country when entering the territory of the Socialist Republic of Vietnam followed by the provisions of the Civil Aviation Law. -Vietnam.

What? 2. Subject applies

This information applies to:

1. The radio frequency test agency, the radio frequency inspection team.

2. Organization, individual using frequency and radio devices.

3. Organization, individuals who use electrical, electronic devices, radio-wave application devices with potentially harmful interference.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. Check the radio frequency. (the following call for a shutdown) is the actual review of the fact that the situation uses a radio frequency, electrical radio device, a license to use a radio frequency, a radio frequency, and a measurement of radio stations, and measuring the specifications of radio stations. Disturbing the assessment, considering the approval of the laws of the radio frequency.

2. Radio devices is the receiver, broadcast or recording of symbols, signals, figures, letters, images, sounds, or other forms of information by radio waves.

3. Signal violation of radio frequency is the sign of the breach detected from the results of tracking and monitoring by the technical vehicle of the competent state governing body.

4. Radio frequency check. (the following calls for the inspection) include: Department of Radio Frequinline Frequinline frequency, Regional Power Radio Center, Department of Information and Media.

5. Subject to radio frequency inspection (the following call for a test object) is the organization, the individual who uses the frequency and radio equipment; the organization, the individual who uses electrical devices, electronics, electrical radio applications, is capable of potentially damaging interference.

What? 4. Control Principles

1. The audit activity must comply with the laws of radio frequency and regulations at this level.

2. The audit activity must be based, guarantee objective, fair, functional, task, the powers of the competent state governing bodies.

3. Check out the unduplicate of the scope, object, content, time with the inspection operation.

What? 5. Check out

1. The periodic examination conducted under the inspection plan has been approved by the state governing body.

2. A breakthrough test is performed when there are signs of a violation of the power radio frequency or problem solving problem.

What? 6.

1. Check out inspection conducted by the inspection team.

2. The inspection corps was established by the Chief of the Agency for the Examination Decision and execution by Form 1 issued by this Information.

3. The component of the inspection team: Head and member; Head of the inspection team is the civil service of the inspection agency and led by the Chief of the Agency for the inspection of the decision.

What? 7. Time and frequency check

1. The maximum examination deadline is 10 working days, since the date of the decision to examine; the test case involving multiple subjects, the extensive examination site, which features complex testing, the duration of the inspection may be extended but not more than 15 days. the day of work, since the day the publication decided to check. The extension of the inspection deadline by the Head of the Office of the Office of the Agency to examine the text by Form 2 issued this message.

2. The frequency of periodic checks on a test subject: no more than 01 times per year.

Chapter II

THE TEST ORGANIZATION.

Item 1

CONSTRUCTION, APPROVAL OF THE INSPECTION PLAN, ISSUED A DECISION TO TEST

What? 8. Build, approve the periodic test plan.

1. Bureau of radio-built radio frequency construction, approval of the periodic inspection plan, is dated to November 10 annually.

2. Regional Electric Radio Frequency Center:

a) Build a periodic inspection plan on the management site of the Regional Radio Frequency Center of the Regional Radio Frequency to the Linear Frequency Frequency, the slog of 5 November annually to the Department of the Linear Frequency of the Linear Frequency;

b) The periodic inspection plan is approved by the Department of the Frequency Radio Bureau for Information and Communications Department related to the management of the management table for monitoring, coordination.

3. Department of Information and Communication:

a) A periodic inspection plan of the Department of Radio frequency and on a unified basis with the Regional Electric Radio Frequency Center, Department of Information and Communications Building and approx the periodic inspection plan of the Department, the slog of December 15 annually;

b) Plan a periodic examination of the Information and Communications Department for the relevant Regional Radio Frequency Radio Center for monitoring, coordination.

4. The case with a change in comparison to the approved periodic examination plan, the unit of implementation of the test must report the Chief Executive of the state to be competent to approve the adjustment.

5. The periodic inspection plan is sent to the test subject and the agency, the organization involved.

What? 9. Board, announce the decision to check

1. The test decision is issued on the basis of one of the following bases:

a) A periodic examination plan has been approved by the agency;

b) When the interference solution is harmful or when there is a sign of a violation of the power radio frequency.

2. The test decision includes the following contents:

a) The legal base for inspection;

b) The scope, object, audit content;

c) Time of examination;

d) The part of the inspection team.

3. The inspection decision is issued under paragraph 2, Article 6 of this Information.

4. The written notification of the message for the time, the audit content for the test subject is as follows:

a) periodic examination: 3 days delay of work before examination date;

b) Breakthrough examination: 1 day delay working before the test date.

5. The case detected a breach of the breach in the process of disabling interference, the inspection team was given the right to inspect it but had to report it to the Chief of the Examination Authority.

Item 2

SEQUENCE, TEST PROCEDURE

What? 10. Test sequence

The inspection team conducted the following sequence examination:

1. The announced decision to check before the inspection.

2. Make the test, verify according to the specified audit content at Article 11 of this Information.

3. Request for an audit object to provide a case, document related to the audit content.

4. Set up the audit editor and compile the administrative violation by regulation at 1, 2, 3 and 4 Articles 12 of this Information.

5. Processing the test results as specified in Article 13 of this Information.

What? 11. Check content

1. Check out the case, frequency related documentation and electrical radio device:

a) The license to use the frequency radio frequency;

b) The contract, the text for the lease, lend the device to the electric device; the copy is corroborated by the lease of the tenant's radio, on the borrower of the radio device;

c) The records involve the use of an electric radio device, a test certificate (for radio stations in the Catalog of the Telecommunication Device and Mandatory Radio radio), the product sign attached to the product (for the electric radio station). under the Product Category, the goods industry of information and communications technology that is required to be certified and published on a contract, registration, charge, and frequency fee, and frequency-only (for the direct person to exploit the radio device). It's a marine mobile phone, an amateur radio.

2. Measure, check out radio equipment and other devices:

a) Measure, check the technical parameters of the electrical radio device under license using radio frequency and related technical regulation: frequency, capacity, usage frequency bandwidth, method of detection, undesirable emission, installation site The antenna, the antenna, the antenna array, the antenna array.

b) Measure, test electrical devices, electronics, radio-wave application devices to determine the cause of harmful interference.

What? 12. Compact of audit, border violation.

1. The base results in the audit content, the Head of the audit editor, which compiled the administrative breach immediately after the end of the examination at the site of the examination:

a) The case of a law enforcement check on the frequency of the radio frequency, the head of the audit editor.

b) The case of the administrative breach of the administrative breach of the radio frequency, the chief of the examination of the administrative breach of the administrative breach;

c) The case of a law enforcement check on the frequency of radio frequencies, but the administrative breach of the radio frequency, the head of the audit editor, records the test results. for the administrative breach discovered;

d) The case of test subjects with signs of violation of the radio frequency of the radio frequency required to be investigated, verify that it is clear that the Chief Inspector of the Examination Editor records the results of the test results and written reports with the Chief of the Examination Authority.

2. Border Check:

a) The audit editor must be fully documented, precisely, the result of the results of the test content, the opinion of the object or the relevant person of the test subject, the inspection coordination agency, the witness (if any) according to the 3-issued Form attached to the Information. Hey.

b) There is a signature of the representation of the parties involved in the examination, the editor. In the case of a multiple page, there must be a signature of these people in each page, including the editorial appendix (if any).

3. When the audit editor must be subject to the test object or the relevant person of the test object. Where the test object or the relevant person of an absence of an examination or an attempt to evade or refuse to sign the audit, must have the base government representative of the examination or the witness, confirm the receipt of the receipt. copy and specify the reason for the rejection to the audit editor.

4. The establishment of the administrative breach and the processing of administrative violations by the rule of law on the disposal of administrative violations.

What? 13. Process test results

Shortly after receiving the inspection record, the officer decided to check the test results as follows:

1. The case of the administrative breach of the administrative breach and in the deadline for the execution of the administrative breach, the board of the decision to examine the decision must be considered to determine the trial of the administrative violation under his jurisdiction or the transfer of the case. It's a violation of the executive order under the law of law enforcement.

2. The case of test results detection has a sign of violation of the law but not enough grounds for a violation of the breach, the board decided to examine the decision under the jurisdiction or petition of the state ' s chief governing body to be executed. -Inspector.

Section 3

END OF EXAMINATION

What? 14. Report results report

During the 10-day period of work since the end of the inspection, the inspection team reported the results of the 4-issued Examination Issued to the Chief of the Agency for inspection.

What? 15. Test conclusions

1. For periodic examination: In the 5-day period of work since the date of receiving the test results report, the Chief Inspector of the Board of Examination concluded the examination by Form 5 issued by this message.

2. For the breakthrough examination: during the 5-day period of work since the date received the test results report, the Chief Inspector of the Office of the Examination Issued the results of the test results.

3. In the 10-day period of work since the date of the issue of the examination or notification of test results, the Chief Inspector of the Examination Authority has the responsibility to submit a test conclusion or notice the test results for the test subject and the upper body, of the object. check (if any).

What? 16. Watch, the foreman implementation of the test conclusion

The inspection agency is responsible for monitoring, the task of carrying out the test conclusions, the decision-making decisions.

What? 17. Check out the audit case files, dispose of administrative violations

1. End of examination, execute the administrative breach, the Chief Inspector of the Office of the inspection organization, which handles the administrative breach.

2. The test profile, which handles the administrative breach must be preserved, stored in accordance with the provisions of the law on storage.

Chapter III

THE RESPONSIBILITY OF THE INSPECTION AGENCY, INSPECTION AND INSPECTION SUBJECTS

What? 18. The responsibility of the Department of the frequency of the frequency of the frequency

1. The organization performs the inspection work of the Department of Linear Frequency in accordance with the provisions of this law and this information.

2. Directed, follow, watch, do guidance, check out the Regional Linear Frequency Frequency Centers and the relevant units involved in the regulatory inspection by this law and this information.

3. Decided to handle the authority or petit for the authority to handle the test results; to follow, the administration of the execution of the decision to process after examination.

4. Do the Ministry of Information and Communications report on the situation, the results of the test work by regulation.

5. Proposal for the Minister of Information and Communications of organizational measures to implement or amend, suppleming this Information when necessary.

What? 19. The responsibility of the Department of Information and Communications

1. The organization performs the inspection work of the Department of Information and Communications under the provisions of this law and this information.

2. Directed, follow, watch, and guide, check out the units directly within the test work by the regulation of this law and this information.

3. Decided to handle the authority or petit for the authority to handle the test results; to follow, the administration of the execution of the decision to process after examination.

4. Host and coordinate with the Regional Power Radio Frequency Center performing a check on the management desk.

5. Send cadres to the inspection team of the Regional Electric Radio Frequency Center when asked.

6. Implemrate of the Ministry of Information and Communications report and the Provincial People's Committee, the Central City of the Central Committee on the situation, the results of a regulatory test.

What? 20. The responsibility of the Regional Power Frequency Center

1. The organization performs the inspection work of the Regional Electric Radio Frequency Center in accordance with the provisions of this law and this information.

2. Directed, follow, watch, and guide, check out the units directly within the test work by the regulation of this law and this information.

3. The decision to handle the jurisdiction or the petition for the authority to handle the test results; check, the administration of the execution of the decision to process after examination.

4. Coordinate, support specialized engineering equipment to carry out measurement, frequency testing, radio equipment in the case of the Department of Information and Maintenance Communications and is required.

5. Send cadres to the inspection team of the Information and Media Department when asked.

6. Implemrate of the situation in the frequency of the frequency of the frequency of the frequency of the situation, the results of the test by regulation.

What? 21. The responsibility of the Chief and the members of the inspection team

1. The Chief of the Examination:

a) The organization, the commander of the members of the inspection team, made the right decision to test;

b) Request for an audit subject to provide information, documentation, written reports, a solution to the issues related to the examination; request for the organization, the individual with information, documents related to the test content provided for information, that document;

c) Set up the audit compaction, compile the administrative violation by regulation at paragraph 1, 2, 3, 4 Article 12 of this Information;

d) Report to the Chief of the Agency for examination of the test results and is responsible for the accuracy, honesty, objective of that report.

2. The responsibility of the member of the inspection team:

a) perform the mission under the assignment of the Chief of the Test Corps;

b) Request for an audit object to provide information, documentation on matters related to the test content;

c) The Chief of the Examination of the Examination Results for the work is checked by the Chief of the Examination Examination and is responsible for the accuracy, honesty, objective of that report.

What? 22. The responsibility of the test subject

1. Accept the decision to check.

2. The honest, timely, full-supply, accurate, accurate documentation of the document information relating to the examination and accountability of the accuracy, integrity of the information, the document provided.

3. A strict implementation of the request, the petition, the inspection conclusion, the decision to process, the report made the test conclusions of the decision-making decision, the Chief of the Test, member of the inspection team, and the competent state governing body.

4. The program and clarify the problems associated with the test content.

5. The test subject has the right to refuse to provide information, documents, or refuse to solve problems that are not part of the scope, the audit content, the timing of the test is not correct with the decision to check and specify the reason for rejection.

Chapter IV

EXECUTION CLAUSE

What? 23.

It has been in effect since 25 March 2016.

What? 24. Organization to execute

1. The Chief of Staff, Director of the Department of Radio Frequinline Frequinline, Director of the Department of Information and Communications of the Provinces, the Central City of China, the Head of the Ministry of Units of the Ministry and the organizations, the individual is responsible for the enforcement of the Hey.

2. In the course of execution, if there is difficulty, entangrium, agency offer, organization, individual feedback in time about the Ministry of Information and Communications (Bureau of Radio Frequinline) to review, resolve ./.

Minister.

(signed)

Nguyen North Son