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

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952794/thng-t-02-2016-tt-btttt%253a-quy-nh-kim-tra-tn-s-v-tuyn-in.html

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The CIRCULAR regulates radio frequency test _ _ _ _ _ _ _ _ _ _ _ _ _ _ the law base radio frequency on November 23, 2009;
The base of law handling administrative violations on June 20, 2012;
Pursuant to Decree No. 132/2013/ND-CP dated 16 October, 2013 of the Government functions, tasks, powers and organizational structure of the Ministry of information and communications;
Pursuant to Decree No. 174/2013/ND-CP on November 13, 2013 of government regulation on sanctioning administrative violations in the field of postal, telecommunications, information technology and radio frequency;
According to the proposal of the Director General of radio frequency power, Minister of information and communication issued circulars stipulated check the radio frequency.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular stipulates principles, forms of radio frequency testing, Union radio frequency test; building plan approval, check the radio frequency; decision check; testing procedures, test content and test end radio frequency; the Agency's responsibility to check, check the radio frequency, the Organization, individuals use frequency and radio equipment; the liability of the Organization, individuals using mobile devices, electronic devices, radio-wave application capable of causing harmful interference.
2. This circular is not regulated the activity check for the use of radio frequencies reserved for defense purposes, security. Checking for people directly harness radio equipment, radio equipment installed on the aircraft of Vietnam and of foreign countries when on the territory of the Socialist Republic of Vietnam made in accordance with the law of Vietnam civil aviation.
Article 2. The object that applies to this circular apply to: 1. Compliance with radio frequency, radio frequency testing.
2. organizations and individuals use frequency and radio equipment.
3. organizations and individuals use electronic equipment, electronic devices, radio-wave application capable of causing harmful interference.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Check the radio frequency (hereinafter referred to as the check) is a consideration of the fact the situation using radio frequency, radio equipment, licenses to use radio frequencies radio certificate, Member, measure the technical parameters of the radio stations, identify causes harmful interference to reviews, reviews the executive regulations of the law on radio frequency.
2. radio equipment is equipment for the currency, or the currency-symbols, signals, data, text, images, sound or other information using radio waves.
3. The sign violated the law on radio-frequency signaling transgressions be discovered from the results of tracking and monitoring by technical means of State administration authorities.
4. Compliance with radio frequency (hereinafter referred to as the Agency) include: the Bureau of radio frequency, radio frequency Center area, Department of information and media.
5. Subject radio frequency test (hereinafter referred to as the test subjects) is organization, personal use frequency and radio equipment; the Organization, individuals using mobile devices, electronic devices, radio-wave application capable of causing harmful interference.
Article 4. Principle of the test 1. Inspection activities must comply with the laws on radio frequency and the provisions of this circular.
2. check must have a base, ensuring the objectivity, fairness, right, duties, functions and powers of the management bodies of State authority.
3. Operation check to ensure no repetition of the scope, object, content, time with the activity Inspector.
Article 5. Form check 1. Periodic inspections are performed according to the test plan has been the State Agency has the authority to approve.
2. unscheduled checks are performed when the signs violated the law on radio frequency or addressed harmful interference.
Article 6. Union check 1. Operation check check done by the crew.
2. check the due inspection agency heads established under deciding to check out and follow the model No. 1 attached to this circular.
3. The composition of the delegation and the Chief of inspection: members; Head of the delegation to check the Agency's servant is tested and checked by agency heads.
Article 7. The duration and frequency of test 1. The maximum test period is 10 working days from the date of the announced decision to check; test cases related to multiple objects, check the width, the nature of complex inspection, the inspection period may be extended but not more than 15 working days from the date of publication the decision to test. The extension of the time limit for inspection by the inspection agency heads decided in writing according to the model No. 2 attached to this circular.
2. periodic inspection frequency for a test audience: no more than 12 times per year.
Chapter II ORGANISATION TEST category 1 construction, APPROVAL of TEST PLANS, TEST DECISION article 8. Building plan approval, periodic checks 1. Radio frequency electrical Bureau building, approving plans to periodically check on 10 November at the latest, every year.
2. radio frequency Center region: a) building plans to periodically check on the management of the radio frequency Center of the area to send radio frequency Department, at the latest on November 5th of every year to the Bureau of radio frequencies;
b) announced plans to periodically check were radio frequency Agency approved for the Department of information and media involved in management to track, coordinate.
3. Information and communications: a) the base plans to periodically check of Department of radio frequency and on the basis of unified radio frequencies Center area, Department of information and media to build and approve test plans of the Department, at the latest on December 15 of every year;
b) announced plans to periodically check of Department of information and Media Center for radio frequency related areas to track, coordinate.
4. in case there is a change compared to the plan periodically check was approved, the unit test execution must report the heads of State management has the authority to approve adjustments.
5. periodic inspection plans are submitted for test subjects and bodies, related institutions.
Article 9. Issued, announcing the decision to test the 1. Decided to check is issued on the basis of one of the following bases: a) the periodic inspection plan has to be approved by the Agency;
b) When resolve harmful interference or when there are signs of violating laws on radio frequency.
2. Decides to check out include the following: a) the legal base to test;
b) scope, audience, content checking;
c) time check;
d) component test Division.
3. The decision is issued under paragraph 2, article 6 of this circular.
4. Inspection Agency notified in writing about the time, content checked for test subjects such as the following: a periodic inspection): slow for 3 working days before the date of the check;
b) irregular test: slow for 1 working day before the date of the check.
5. in case of detecting signs of violating in the process of solving the test Group may be the right check now but must report to the heads of inspection.
Section 2 ORDER, the procedure CHECKS the article 10. Test sequence test conducted Đoàn check according to the following sequence: 1. check the decision announced before the test.
2. Perform check verification, check content stipulated in article 11 of this circular.
3. request the test object supply records, documents related to the content of the test.
4. Set the minutes to check and report on administrative violation according to the provisions in clause 1, 2, 3 and 4 of article 12 of this circular.
5. Processing of test results according to the provisions of article 14 of this circular.
Article 11. Content checking 1. Check the record, relevant documents about the frequency and radio equipment: a) license to use radio frequencies;
b) contract, written notice, lend lease with radio equipment; copies are certified in accordance with radio certification member of the party, the party borrowed radio equipment;
c) the records relating to the use of radio equipment, inspection certificate (for radio stations list telecommunications equipment and radio stations forced radio test), conformity mark affixed on the product (for radio stations in the list of products, specialized goods, information technology and communication required to be certified and announced the case rules), licensing register, file charges and fees the frequency, radio membership certificate (for the direct exploitation of radio equipment in the maritime mobile service, amateur radio).
2. Measure, check your wireless device and other equipment: a) Measure, check the technical parameters of the radio equipment under license to use radio frequencies and related technical standards: frequency, power, constitute the band width, mode playback, the unwanted emission , location, equipment, antenna height, antenna mounting position;
b) Measuring, test equipment, electronic devices, radio waves are applied to determine the cause of interference.
Article 12. Report on the inspection, report on administrative violations 1. The resulting base the content check, head of the delegation to check up a check, the minutes of administrative violations shortly after the end of the test where the test is as follows: a) the event object to check the correct observance of the law on radio frequencies, the head of the delegation check up check thereon;
b) where test subjects of administrative violation of radio frequencies, the head of the Corps checked up the minutes of administrative violations;

c) where test subjects accepted the law about radio frequency but there are administrative violations of radio frequencies, the head of the delegation checked the record-setting check the recorded inspection results, and set thereon with regard to administrative violations administrative violations have been discovered;
d) where test subjects showed signs of breaking the law about radio frequency need to verify, verify the test crew Chief clarification established thereon check recorded test results and report in writing with the agency heads checked.
2. the content of the report on the check: a) check the minutes keep in full, accurate, honest results of test content, the opinions of the relevant person or object of test subjects, test coordination agency, who witnessed (if available) according to model No. 3 attached to this circular;
b) signed by representatives of the parties involved in the inspection, prepare the minutes. Case report on the page must be signed by the person on each page, including appendices (if any) thereon.
3. When making a inspect the test object must be present or the person concerned of the test object. The case of the test object or person concerned of the test object is absent or deliberately evades or refuses to sign the check, they must have government representatives inspect where the facility or who witnessed the signing, confirmed the report on the inspection and stating the reasons for refusal on the minutes of the test.
4. The preparation of the minutes and handling administrative violations administrative violations made under the provisions of the law on the handling of administrative violations.
Article 13. Handle the test results immediately after receiving the test Group's records, who issued the decision to test the handling of test results as follows: 1. in case of established administrative infringement thereon and within sanctioning administrative violations, who issued the decision to examine the decision to consider sanctions against administrative violations under the control handle or transfer of records administrative violations to the competent sanctions under the provisions of the law on the handling of administrative violations.
2. in case of the test results have detected signs of law violations but not enough to base conclusions about violating the decision to check the decision under the authority or propose heads of State management has authority to perform the inspection.
Item 3 article 14 CHECK FINISH. Report test results within 10 working days from the date of the end of the test, test report the test results according to the number 4 Form attached to this circular to the heads of inspection.
Article 15. The test conclusions 1. For the periodic inspection: within 5 working days from receipt of the report the test results, the test heads issued conclusions examined by number 5 Form attached to this circular.
2. for unscheduled test: within 5 working days from receipt of the report the test results, the agency heads check issued to announce the test results.
3. within 10 working days from the date issued conclusions check or notification of test results, test the agency heads are responsible for sending the check or conclusions reported test results for test subjects and the superior Agency, the object of check (if available).
Article 16. The track, urging the implementation of the conclusions examine the agency responsible for tracking test, urging the implementation of the test conclusions, the decisions about handling test.
Article 17. Filing service inspection, handling administrative violations 1. Finished checking, handling administrative violations, agency heads held up the profile check, handling administrative violations.
2. inspection records, handling administrative violations must be preserved, stored under the provisions of the law on archives.
Chapter III LIABILITY of AGENCY CHECK, CHECK and CHECK OBJECTS to article 18. The responsibility of the Department of radio frequencies 1. Oversee the organization check of Department of radio frequencies in accordance with the law and this circular.
2. Directing, tracking, urge, tutorial, check out the radio frequency Center area and the units involved in the work of inspection under the provisions of the law and this circular.
3. Deciding handling under the authority or the authorized person petitions processed test results; the track, urging the implementation of the decision to handle after the test.
4. Prepare the report of the information and communication about the situation, results of inspection under the rules.
5. Propose to the Minister of information and communication measures for implementation or modification, this circular supplements when needed.
Article 19. The responsibility of the Department of information and media 1. Oversee the organization check of Department of information and communications in accordance with the law and this circular.
2. Directing, tracking, urge, tutorial, check out the subdivisions of inspection under the provisions of the law and this circular.
3. Deciding handling under the authority or the authorized person petitions processed test results; the track, urging the implementation of the decision to handle after the test.
4. Chaired and coordinated with radio frequency Center area made of local Test Manager.
5. Election of the officers participated in the test group of radio frequency Center area when requested.
6. Prepare the report the Ministry of information and communication and the provincial people's Committee, the central cities of the situation, inspection results according to the rules.
Article 20. The responsibility of the radio frequency centre sector 1. Oversee the organization check of radio frequency Center area on the area managed under the provisions of the law and this circular.
2. Directing, tracking, urge, tutorial, check out the subdivisions of inspection under the provisions of the law and this circular.
3. Deciding handling under the authority or the authorized person petitions processed test results; test, urging the implementation of the decision to handle after the test.
4. Coordination, support for specialized equipment to perform the measurement, the test frequency, radio equipment in the case of Department of information and media host and request.
5. Election of officers joined the Department of information and media when requested.
6. Make Local reporting mode radio frequency situation, results of inspection under the rules.
Article 21. The responsibility of the head of the delegation and the members of the test group 1. The responsibility of the head of the delegation test: a) organizes, directs the Group members check done right decided to check;
b) asked test subjects to provide information, documentation, report-writing, explanation about issues related to content check; the organization requests, personal information, documents and content-related check provides information, document it;
c) Set the test record, the minutes of the administrative violation according to the provisions in clause 1, 2, 3, 4 Article 12 of this circular;
d) reporting to the heads checking on test results and is responsible for the accuracy, truthfulness, objectivity of that report.
2. The responsibilities of Group members check: a) perform tasks according to assigned by the head of the delegation test;
b) asked test subjects to provide information, documentation on issues related to the content of the test;
c) Group Chief report checking on test results with respect to the head of the delegation checked the assignment and is responsible for the accuracy, truthfulness, objectivity of that report.
Article 22. The test object's responsibilities 1. The Executive decided to check.
2. honest reporting, providing timely, complete, accurate information in the document relates to the content checking and responsible before the law for the accuracy, truthfulness of the information, the materials were provided.
3. Perform strictly required, recommendations, concluding test, the decision process, the report made the conclusion of the test the test decision, head of the delegation check, check Group membership and governing bodies of the competent State.
4. Explain and clarify the issues related to the content of the test.
5. Test subjects have the right to refuse to provide the information, documents or refused to explain the problem isn't in scope, content checking, time is not the correct test with the test decision and stating the reason for rejection.
Chapter IV the TERMS OF IMPLEMENTATION of Article 23. Effective enforcement of this circular effect since 25 March 2016.
Article 24. Implementation 1. Chief of the Department, the Director of radio frequency power, Director of the Department of information and communications of the province, central cities, the heads of the agencies and units of the Organization, the individual concerned is responsible for the implementation of this circular.
2. During the implementation process, if there are difficulties and obstacles, suggest the Agency, organization, personal reflections about the timeliness of information and media (radio frequency Agency) to consider and resolve.