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Act 42/2009/qh12: Radio Frequency

Original Language Title: Luật 42/2009/QH12: Tần số vô tuyến điện

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the law on radio frequency.

Chapter I GENERAL PROVISIONS article 1. Scope this law regulation on management, using radio frequency, radio equipment, satellite orbit and manage radio radiation safety, electromagnetic compatibility (hereinafter referred to as the management, using radio frequency), the rights and obligations of the Organization , individuals involved in the management, using radio frequency.

Article 2. The object to apply this law applies to organizations, individuals involved in the management, uses radio frequencies in Vietnam.

Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. radio frequency is the frequency of the radio waves.

Radio waves are electromagnetic waves have a frequency lower than 3000 gigahéc (GHz) transmit spread freely in space, with no artificial wave guide.

2. the radio frequency Spectrum is the entire radio frequency.

3. radio frequency band (hereinafter the band) is the radio frequency range is limited by two determined frequency.

4. radio frequency Channel (hereafter referred to as the channel frequency) is the radio frequency range is determined by the width and frequency of center channel, or other characteristic parameters.

5. information is power, play or currency symbols, signals, data, text, images, sound or other information using radio waves.

6. the radio business is the transmission, broadcast or radio waves for a purpose radio-specific information, including the radio business fixed, mobile, radio, broadcasting, aviation, maritime, satellite navigation and positioning, standard broadcasting, amateur, and other radio services. Radio services are classified into main services and extra services.

Main services is the radio business is regulated using priority in planning the radio frequency spectrum.

Extra professional radio service is not specified the priority use of radio frequency spectrum planning national power.

7. The radio station is radio one or radio equipment combinations, including auxiliary devices attached are deployed to implement radio services. Radio stations are categorized by profession and that radio stations that operate regularly or temporarily.

8. radio radiation is the energy generated in the form of radio waves from any one source.

9. radio emission is the emission of a radio station.

10. radio equipment is equipment for the currency, or the currency-symbols, signals, data, text, images, sound or other information using radio waves.

11. radio application equipment is equipment generates and uses radio wave energy locally serve applications in industrial, scientific, medical, domestic or similar purposes, except for radio equipment.

12. satellite orbit is the motion of satellites in space.

13. Harmful interference is the harmful effects of electromagnetic energy by radiation or radiation sensors causing loss of safety or interfere, interrupt the operation of the equipment, radio equipment systems are exploited legally.

14. electromagnetic compatibility is the ability of equipment, radio equipment, systems, electrical, electronics operations in the electromagnetic environment and interference to the device, the system devices.

15. Allocation of radio frequencies is the intended frequency, channel band defined for one or more organizations, personal use according to the conditions that are specific to a type of radio service.

16. radio frequency designation is the determination to allow organizations and individuals to use the radio frequency or radio frequency channel according to the specific conditions for a radio station.

17. Check the radio frequency is a consideration of the fact the situation using radio frequency, radio equipment, licenses to use the radio frequencies, radio certificate, measurement of technical parameters of the radio stations, identify causes harmful interference to reviews , commented the executive regulations of the law on radio frequency.

18. radio frequency control is tracking and monitoring by technical means of broadcasting activities.

Article 4. The State's policy on radio frequency 1. Prioritize development of human resources, material-technical basis in order to ensure the effective use of management of radio frequencies.

2. enhancing international cooperation on radio frequencies in order to protect the interests of the State, the national sovereignty of radio frequencies and satellite orbits.

3. The priority use of radio frequencies in the remote areas, border areas, Islands, there are social-economic conditions particularly hard and serve the national defense, security, disaster prevention, disease.

4. Priorities, encourage the research, development and application of the technology for effective use of radio frequency spectrum.

5. To encourage and support the organizations involved to register the satellite orbital position.

Article 5. Responsible for managing the State of radio frequencies 1. The unified government administration of radio frequency.

2. The Ministry of information and communications is responsible before the Government made unification the State management of radio frequencies, have the following powers, duties: a) issued or the State Agency has the authority to enact and implement the legal text about radio frequency; enact national technical regulation on radio equipment, radio emission, electromagnetic compatibility, radio radiation safety;

b) approval or the State Agency has the authority to approve and implement the planning of radio frequency; allocated frequency band serve the purpose of Defense, security; specified conditions of allocation, assign and use of radio frequencies;

c) granted, modified, supplemented, renewed, revoked the license of use of the radio frequencies; manage the licensing fees for use of radio frequencies, the use of radio frequencies in accordance with the law of 90,000 tonnes of fees and charges;

d) organized the coordinating radio frequencies and satellite orbits with countries, territories and international organizations; registration of radio frequencies and satellite orbits with international organizations;

DD) check, radio frequency control, handling of harmful interference;

e) inspectors, inspection, complaints, accusations and handle breach of the laws on radio frequency;

g) international cooperation on radio frequencies;

h) fostering training, guidance, radio radio certificate;

I) advocacy, laws on common radio frequency.

3. The ministerial-level agencies, within the scope of the task, their powers are responsible for coordination with the Ministry of information and communication make state management of radio frequencies.

4. the people's Committee in the scope of its powers, duties performed in State management of radio frequencies.

Article 6. The specialized administration with radio frequency management agency specialized in radio frequency is the Agency under the Ministry of communications and information, shall assist the Minister for information and communications perform some management tasks on radio frequency as assigned the Agency's divisions, the State has jurisdiction.

Article 7. Specialized inspectors about radio frequency specialist Inspector radio frequency and organization of specialized inspection by Ministry of information and communication made under the provisions of the law on the Ombudsman.

Article 8. International cooperation on radio frequencies 1. International cooperation on radio frequencies was made according to the principle of respect for the independence, sovereignty, equality, mutually beneficial to the parties.

2. The content of international cooperation on radio frequencies include: a) the signing of international treaties and international agreements on the radio frequency;

b) registration, international coordination of radio frequencies and satellite orbits;

c) to exchange information, experience of radio frequencies in order to improve the efficiency of management, use of the radio frequency of Vietnam, in line with the development trend of the world;

d) setting, development cooperation on management, use of the radio frequency with the countries, territories; training, human resource development; build and execute the program, the international project on radio frequency.

3. Ministry of Foreign Affairs coordinated with the Ministry of information and communication sequence specific guidelines, procedures for signing the international agreement about the radio frequency.

Article 9. The prohibited acts 1. Use frequency and radio equipment to fight the State of the Socialist Republic of Vietnam; prejudice to the defence, security, safety, social order; cause damage to the interests of the State, the legitimate rights and interests of organizations and individuals.

2. Use the radio frequencies reserved for emergency purposes, secure, search, rescue, rescue, defense, security and other purposes.

3. Obstructing the Agency, organization, person on duty performing the task Inspector, inspection, control of radio frequencies and satellite orbits.

4. Intentional interference, unlawful obstruction of activities of radio communication systems.

5. Undermining the infrastructure of radio engineering; impede unlawful building technical infrastructure power legally.

6. Taking advantage of position and powers to violate the laws on radio frequency.

Chapter II with RADIO FREQUENCY PLANNING of article 10. Construction principles, planning radio frequencies 1. Compliance with the provisions of the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member, in accordance with the law and international practices.

2. Fit the strategy, planning, planning of socio-economic development of the country each period; ensuring harmonised use radio frequencies to serve socio-economic development, defense and security.


3. Consistent with the trend of development of radio services in the world, at the same time as of the current state of radio frequency usage in Vietnam.

4. Secure management, using radio frequency, efficiency, savings, the right purpose.

5. the application of new technology, advanced technology, efficient use of the radio frequency spectrum.

6. Fit the trend of convergence technology and mobile radio service.

7. Consistent with the development of national telecommunications for frequency band used in telecommunications activities.

Article 11. The type of radio frequency planning; the authority to approve and implement the planning of radio frequency 1. Radio frequency planning include: a) the planning of radio frequency spectrum is the Planning Division of the radio frequency spectrum bands for the radio business and regulatory purposes, the conditions of use for each frequency band;

b) is planning the band plan to allocate one or more bands for a business type or radio communication system and regulation principles, conditions of use specific to that band;

c stool frequency channel plan) is planning the band frequency channels for a particular radio services according to a certain standard and specified conditions of use the frequency channel;

d) planned to use a frequency channel is planning the layout and prescribed conditions of use frequency channels for a system for a particular radio services.

2. The authority to approve and implement the planning of radio frequency shall be as follows: a) to the Minister of information and communications construction, the Prime Minister approved the planning of radio frequency spectrum of the country;

b) Minister of information and communication frequency planning, distributed frequency channel planning, planning to use the channel to frequency based on frequency spectrum planning national radio;

c) Minister of information and media organizations make radio frequency planning;

d) Minister of information and communication, coordinated with the competent agencies in the evaluation of conformity of the master plan, the development plan that uses the radio frequency with the radio frequency planning.

3. The production, importing radio equipment, equipment for radio-wave application for use in Vietnam and the management, uses radio frequency to match the frequency planning of electricity under the provisions of the law.

Article 12. Recovery of the right to use radio frequencies to make planning 1. Recovery of the right to use radio frequencies to implement the master plan is the State Agency has the authority to decide the currency a part or the whole of the authority to use frequency, frequency channel granted to organizations and individuals when the license to use the radio frequencies are also enabled to convert the purpose or object to use.

2. Revocation of rights to use radio frequencies to be made in the following cases: a) recovered to use radio frequencies in the the purpose of Defense, security, national interests;

b) purpose, object using radio frequency is no longer consistent with radio frequency planning.

3. The information and communication Ministry publicized planned radio frequency, time, frequency conversion plan, radio equipment to perform the planning and inform organizations and individuals, recovered the right to use radio frequencies.

4. organizations and individuals, recovered the right to use radio frequencies to stop use of radio frequencies under decision revoking of specialized management agencies radio frequency.

5. organizations and individuals, recovered the right to use radio frequencies defined in paragraph 2 of this Article are compensated according to the provisions of the law.

Chapter III MANAGEMENT of the QUALITY of RADIO EMISSION, RADIO RADIATION SAFETY and ELECTROMAGNETIC COMPATIBILITY article 13. Manage radio emission quality 1. The Organization, individual manufacturing, importing radio equipment list with radio equipment capable of causing harmful interference before putting into circulation on the market or used to carry the certificate of conformity, conformity and publication use conformity mark.

2. The Minister of information and communication issued a list with radio equipment capable of causing harmful interference to the certificate of conformity, conformity and publication use conformity mark.

3. The Ministry of science and technology evaluation and publish national standards on radio emission after reunification with the Ministry of information and communication.

4. mutual recognition of results of conformity assessment of standards, technical regulation of wireless radiation power between Vietnam and declared the countries, territories are made under international treaties to which the Socialist Republic of Vietnam is a Member; between the Organization reviews the suitability of Vietnam and the Organization reviews the suitability of Nations, territories are made under the agreement between the parties.

Article 14. Safety management of radiation power 1. Secure radio radiation as the measure aims to prevent, or minimize the harmful effects against radiation's power of radio stations, radio equipment, equipment for radio-wave application for humans, the environment.

2. organizations and individuals who use the radio stations, radio equipment, equipment for radio-wave applications must comply with the provisions of the law on radiation safety.

3. organizations, individual manufacturing, importing radio equipment, equipment for radio waves in the application directory of radio equipment, radio application equipment capable of causing loss of radio radiation safety before putting into circulation on the market or used to carry the certificate of conformity , announced the conformity and the conformity mark.

4. organizations and individuals before making radio stations in radio stations catalog mandatory radiation safety auditing power to use to perform the inspection.

5. The Minister of information and communication issued a list with radio equipment, radio application equipment capable of causing loss of radio radiation safety must certify conformity, conformity and publication use conformity mark; Radio station directory required radiation safety control for power; auditing procedures and regulations announced the list of organizations eligible for radiation safety control power for radio stations.

Article 15. Management of electromagnetic compatibility 1. The Organization, the individual put electronics devices have radio radiation in use must implement the provisions of the law on the electromagnetic compatibility management.

2. organizations and individuals who manufacture or import electrical, electronic equipment containing radio radiation in the list of devices capable of causing loss of safety by electromagnetic incompatibility provisions in clause 3 and clause 4 of this article, before putting into circulation on the market or used to carry the certificate of conformity , announced the conformity and the conformity mark.

3. The Minister of information and communication issued a list with radio equipment, telecommunications equipment and information technology equipment, radio application equipment capable of causing loss of safety by electromagnetic incompatibility.

4. Minister of science and technology issued directory of electrical equipment, electronic radio radiation capable of causing a loss of safety by electromagnetic incompatibility, unless the device in the list provided for in paragraph 3 of this article; publish national standards on electromagnetic compatibility for electronic equipment, electronic radio radiation after the reunification with the Ministry of information and communication.

5. mutual recognition of results of conformity assessment of standards, technical standards on electromagnetic compatibility between Vietnam with Nations, territories are made under international treaties to which the Socialist Republic of Vietnam is a Member; between the Organization reviews the suitability of Vietnam and the Organization reviews the suitability of Nations, territories are made under the agreement between the parties.

Chapter IV LICENSING and USE RADIO FREQUENCIES article 16. License to use the radio frequencies 1. The Organization, individuals using radio frequency, radio equipment must have a license to use the corresponding radio frequencies, except in cases specified in article 27 of this law.

License to use the radio frequencies include: license to use frequency and radio equipment, the frequency license, the license to use the frequencies and satellite orbits.

2. The term of the license to use the radio frequencies shall be as follows: a) licence to use frequency and radio equipment has a maximum duration of 10 years, be granted to the organization or individual to use the radio frequencies, radio equipment with specific conditions;

b) license to use the frequency band has a maximum duration of 15 years, was granted to the Organization to use the frequency or the channel frequency determines the specific conditions attached;

c) license to use frequencies and satellite orbits the maximum term is 20 years, be granted to the organisation to exploit radio stations put on the satellite, the satellite orbit location identified using bands identified with specific conditions.

3. the specific term of the license to use radio frequencies are granted according to the recommendations of the organization or individual, but do not exceed the maximum term of each license type as defined in paragraph 2 of this Article and ensure consistent with radio frequency planning.

4. The Minister of information and media detailing procedures, amendments, supplements, renewed, revoked the license of use of radio frequencies.

Article 17. Licensing principles to use radio frequencies 1. Public, transparent, lawful.

2. Fit the radio frequency planning.

3. In response to the convergence of technology and radio service.

4. Ensure viable, reasonable, effective, save, for your purposes; protect the rights and legitimate interests of the person using the service.

5. Main services take precedence over extra profession.


6. Meet the needs of use radio frequencies serve public interests and public duties of the State.

7. The licensing of radio frequencies used for diplomatic missions, consular authorities abroad, representative offices of international organizations in Vietnam, senior foreign delegation to visit Vietnam to enjoy privileges, diplomatic immunity under the provisions of this law , international treaties to which the Socialist Republic of Vietnam is a member, in accordance with the law and international practices.

Article 18. Licensing method used with radio frequencies 1. Licensing method used with radio frequencies shall be as follows: a) direct licensing is done on the basis of consideration of application for license;

b) licensed through examination of rights to use radio frequencies was made on the basis of the evaluation examination, according to the basic criteria of financial and investment capacity, technical competence, entrepreneurship, human resources;

c) licensed through the auction of rights to use radio frequencies was made on the basis of auction records rank according to the given criteria and the level of pay of the business.

2. direct licensing method was applied to radio frequency serves the Mission of the State or the public interest no commercial value or demand does not exceed the ability to allocate radio frequencies defined in radio frequency planning , according to the principles of the Organization, individuals register before being granted in advance.

3. The method of license through auction, rights to use radio frequencies shall be as follows: a) apply to the frequency, the channel frequency with high commercial value, needs to use exceeds the allocation determined in radio frequency planning;

b) Organization to join the auction, rights to use the frequency band, frequency channel is held is eligible to be considered for licensing telecommunication network set up under the provisions of the law on telecommunications;

c) Prime detailed rules about the auction the right to use radio frequencies; the decision, channel frequency band was auctioned, transferred using radio frequency in each period, in accordance with radio frequency planning. The Minister of information and communication, detailed rules on the examination right to use radio frequencies.

Article 19. License the use frequency and radio equipment 1. The object to be licensed include: a) Organization, Vietnam citizens, foreign organizations operating in Vietnam;

b) foreigners use amateur radio stations or radio frequency for other purposes prescribed by the Minister of information and communications.

2. conditions to be licensed include: a) using frequency and radio equipment to the business purpose and power that the law does not prohibit;

b) telecommunications license under the provisions of the law on telecommunications for organisations please license the use of the radio frequency to set the transmission network, telecommunications network, radio broadcasting, television;

c) Have active licenses or rights to play back radio programs, television under the provisions of the law;

d) have used radio frequency feasible, proper planning of radio frequency power;

DD) has the appropriate radio equipment technical regulation of radio emission, radio radiation safety and electromagnetic compatibility;

e) is committed to implementing the provisions of the law on ensuring safety, security of information; check, resolve harmful interference and radio radiation safety;

g) radio membership certificate for the case prescribed in clause 1 Article 32 of this law.

3. The information and communication Ministry coordinated with ministries, ministerial agencies concerned specific guidelines the licensing of use frequency and radio equipment for diplomatic missions, consular authorities abroad, representative offices of international organizations in Vietnam , senior foreign delegation to visit Vietnam to enjoy privileges, diplomatic immunity.

Article 20. License the use of the frequency band 1. Licensed objects are active organizations in Vietnam.

2. The conditions to be granted a license to prescribe the following: a) has sufficient conditions to be granted a license prescribed in points a, b, d, e and e clause 2 article 19 of this law in case the license by licensing method directly;

b) Won in the auction or the matriculation examination in radio-frequency use rights.

Article 21. License the use of the frequencies and satellite orbits 1. Licensed objects are active organizations in Vietnam.

2. conditions to be licensed include: a) Has the capacity of financial, technical and human resources to manage satellite exploitation;

b) have used satellite orbit effectively, into a business purpose and power that the law does not prohibit;

c) is committed to implementing the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member of using radio frequency, satellite orbits and space.

Article 22. Renewals, modifications, additional licenses to use the radio frequencies 1. The renewal of the license is based on the principle of granting permission to use radio frequency stipulated in article 17 of this law and the provisions of the following: a) individual organizations are licensed to perform the obligations prescribed for each type of licenses to use radio frequencies;

b) validity period of the license is left for at least 30 days for the license to use frequency and radio equipment 60 days for the license to use the frequency band; 90 days for the license to use the frequencies and satellite orbits;

c) Of first level and duration of the renewal permit does not exceed the maximum term prescribed for each type of licenses to use radio frequencies; case of first level by the maximum term prescribed for the type of the corresponding license shall only be considered to extend to a maximum of one year.

2. The additional license to modify, use the radio frequency is based on the principle of granting permission to use radio frequency stipulated in article 17 of this law and the provisions of the following: a) license to use the radio frequency is valid;

b) Organization, the individual is granted a license to perform the obligations prescribed for each type of licenses to use radio frequencies;

c) the amendments and supplements to be consistent with the provisions of articles 19, 20 and 21 of this law.

Article 23. Revoke the license to use the radio frequencies 1. Individual organization revoked the license of use of radio frequencies in the following cases: a) using radio frequency aimed against the State of the Socialist Republic of Vietnam, the prejudice to the defence, security, safety, social order;

b) using radio frequency does not meet the provisions of the license, cause serious damage to the interests of the State, the legitimate rights and interests of organizations and individuals;

c) deliberate unauthorised interference for equipment, radio equipment system or use radio frequencies reserved for the purpose of Defense, security, first aid, safety, search, rescue, and rescue the other purpose of causing serious consequences;

d) deceptive or intentionally provided information to fake to be licensed;

DD) do not file charges using radio frequency and make other financial obligations prescribed by law;

e) Not on the actual deployment of the content of the decision after the time limit of two years from the date of license;

g) When telecommunications license, permit or right to play back radio programs, television recovered respectively.

2. After the time limit of one year from the date of revocation of licenses to use radio frequencies as defined at points b, c, d and DD clause 1 of this article but not to the extent of being processed on the criminal, if has overcome the consequences and are eligible to be licensed under the provisions of this law shall organize individuals are considering reissuing the licenses to use the radio frequency.

Article 24. Assignment of rights to use radio frequencies 1. The transfer of rights to use radio frequencies shall be as follows: a) the organization is licensed to use the frequency band, frequency channel through the auction are allowed to transfer rights to use radio frequencies to other organizations;

b) organized the transfer rights to use radio frequencies must have licenses to use the radio frequencies are still in force;

c) Organization to receive the right to use radio frequencies to meet the rules of the auction participants, the right to use radio frequencies specified in point b of paragraph 3 to article 18 and licensing conditions specified at points a, b, d, e and e clause 2 article 19 of this law;

d) consent in writing by the Ministry of information and communications;

DD) parties to transfer rights to use radio frequencies is responsible for implementing obligations under the provisions of the law of Venezuela;

e) guarantee the legitimate rights and interests of organizations and individuals concerned.

2. The Prime Minister detailing the transfer of rights to use radio frequencies.

Article 25. For rent, lend radio equipment 1. Organizations and individuals are owners of vehicles are equipped with radio equipment, owner of amateur radio stations may agree in writing to the Organization, the other individual rent, borrow the radio device has been licensed to dig and must inform the management authority of specialized radio frequency.

2. the party, party rental borrow radio equipment must meet rules on the subject are licensed in clause 1 article 19 of this law. Party rental, party rental, party and lend to borrow radio equipment must comply with the provisions of the law on radio frequency and the other provisions of the relevant laws.

3. The Minister of media and information detailing the lease of radio equipment on loan.


Article 26. General use radio frequencies 1. The Organization, individuals using radio frequency with low traffic or moving on a broad scope to use radio frequency in common with other individuals, organizations and accept the influence due to the use of radio frequencies in common.

2. organizations and individuals who are licensed to use the radio-frequency power supply must use the correct radio frequency license regulations and are encouraged to use encryption or other technical measures to ensure the confidentiality of the information.

3. The Minister of media and information detailing the use of radio frequencies in common.

Article 27. Free license for using radio frequencies 1. The type of device licence exempt radio use radio frequencies include: a) radio devices operate at short range, limited capacity, less likely to cause harmful interference in the categories specified in paragraph 2 of this Article;

b) radio equipment placed on board foreign aircraft, sea travel through the territory of Vietnam are exempt from the license according to international agreements, the international treaties to which the Socialist Republic of Vietnam is a member.

2. The Minister of information and media catalog with radio equipment license exemption for radio frequency, and exploitation technical conditions attached.

3. organizations, individual manufacturing, importing radio equipment list prescribed in paragraph 2 of this Article are responsible for publication, ensure appropriate equipment with technical conditions and exploitation for radio equipment license exemption for radio frequency before putting the device into circulation on the market.

4. organizations and individuals using radio equipment license exemption for radio frequency use must comply with the technical conditions and exploitation for radio equipment license exemption for radio frequency.

Article 28. Rights and obligations of the Organization, the individual is granted a license to use frequency and radio equipment 1. Use frequency and radio equipment provisions of the license.

2. the competent agency proposal to resolve harmful interference.

3. The complaint, report violations of the law on radio frequency.

4. Compliance with the provisions of the law in the installation, use the frequency and radio equipment.

5. Designing, installing radio station antenna mast, consistent with regulations on electromagnetic compatibility, radio radiation safety, construction safety, aviation safety and the provisions of relevant laws.

6. Subject to the inspection, testing, control of radio frequencies by competent State bodies.

7. Make financial obligations related to the use of radio frequencies in accordance with the law.

8. Join the register, the international coordination of radio frequencies for the cases specified in article 41 of this law.

9. Compliance with the agreement of the international coordination of radio frequencies, the international treaties to which the Socialist Republic of Vietnam is a member.

Article 29. Rights and obligations of the Organization was granted a license to use the frequency band 1. Decide the number, types of radio equipment operating in the radio network.

2. Do not have to apply for licences to use radio frequency radio equipment for each radio equipment used in the network radio information.

3. Complaints of violations of laws about radio frequency.

4. Comply with the provisions of the license; additional, timely reports to the technical changes, the list of radio equipment in the electric power information network.

5. Compliance with the provisions of the law on radio frequency.

6. Designing, installing radio station antenna columns, accordingly to the rules of radio radiation safety, electromagnetic compatibility, construction safety, aviation safety and the provisions of relevant laws.

7. Handling of harmful interference between radio equipment internally radio information network.

8. Cooperation with the Organization was licensed in adjacent bands in the use of radio frequencies and avoid harmful interference.

9. Subject to the inspection, testing, control of radio frequencies by competent State bodies.

10. Performs financial obligations related to the use of radio frequencies in accordance with the law.

11. registered participants, the international coordination of radio frequencies for the cases specified in article 41 of this law.

12. Compliance with the agreement of the international coordination of radio frequencies, the international treaties to which the Socialist Republic of Vietnam is a member.

Article 30. Rights and obligations of the Organization was granted a license to use the radio frequencies and satellite orbits 1. Decide the number, types of radio equipment operating in the radio network.

2. Venture, linking with other organizations in the management and exploitation of satellite.

3. Complaints of violations of laws about radio frequency.

4. Comply with the provisions of the license of use of radio frequencies and satellite orbits.

5. implementation of the provisions of the law of Vietnam and international treaties about space which the Socialist Republic of Vietnam is a member.

6. Subject to the inspection, testing, control of radio frequencies by competent State bodies.

7. Make financial obligations related to the use of radio frequencies and satellite orbits under the provisions of the law.

8. Join the register, the international coordination of radio frequencies and satellite orbits for the cases specified in article 41 of this law.

9. Compliance with the agreement of the international coordination of radio frequencies, orbital satellite, the international treaties to which the Socialist Republic of Vietnam is a member.

Article 31. The charge, using radio frequency licensing fees to use radio frequencies 1. The Organization, individuals use radio frequencies must file charges to use radio frequencies, licensing fees for use of radio frequencies.

2. Use of radio frequencies is regulated on the basis of the economic value of the radio frequency spectrum use; the purpose of use; the level constitute the radio frequency spectrum; coverage; demand, the level of use of frequency channels in frequency and use of radio frequencies; ensure offset costs for the management of radio frequencies and to enforce the policies of the State in each period.

3. Use of radio frequency specified in paragraph 2 of this Article do not include monies obtained by the auction of rights to use radio frequencies.

4. The Ministry of finance in cooperation with the Ministry of information and communications regulation, the competent State Agency detailing the extent of currency, currency, payment, management and use of use of radio frequencies, licensing fees for the use of radio frequencies.

Article 32. Radio membership certificate 1. The direct exploitation of radio equipment in the maritime mobile services, mobile radio, amateur radio certificate must have.

2. The Minister of media and information detailing the type of radio certificate; objects, conditions, procedures, radio certificate revocation, certificate of recognition of foreign radio; Radio training.

3. The Minister of defence, Minister of public security detailing the conditions, procedures, recovery radio certificate in the field of Defense and security after the opinion of the Minister of information and communications; Radio staff training in the field of Defense and security.

Article 33. Use frequency and radio equipment in case of emergency 1. In case of emergency endangering human life and property, individual organizations can use temporarily the frequency and radio equipment have not yet been licensed to serve the emergency call and must inform the management authority of specialized radio frequency.

2. organizations and individuals using radio stations to send information, emergency broadcast signals to attract attention in both radio frequency not reserved for rescue calls.

3. organizations and individuals use radio stations receive information, emergency signals must listen on the radio frequency broadcast emergency calls, answered and made all the necessary support, at the same time notify the agency search, rescue.

Chapter V CHECK, RADIO FREQUENCY CONTROL and HANDLING of HARMFUL INTERFERENCE to article 34. Subject test, to control radio frequencies 1. The Organization, individuals use frequency and radio equipment on the territory of the Socialist Republic of Vietnam are subject to check, control the radio frequency of authorized State agencies.

2. The direct exploitation of radio equipment, radio equipment installed on vessels, aircraft of Vietnam and of foreign countries when on the territory of the Socialist Republic of Vietnam are subject to the provisions of the law of Vietnam, international agreements, international treaties to which the Socialist Republic of Vietnam is a member, and subjected to the test , control the radio frequency of authorized State agencies.

Article 35. Responsible for checking, control radio frequencies 1. The Ministry of information and communication, inspect, control radio frequencies within the country; the regulation establishing the delegation check, test content, test procedures, the responsibilities of the subject test.

2. The Ministry of defence, the Ministry of public security organized check-control radio frequency designated for defense purposes, security.

3. Test results, control the radio frequency, currency, measurement of technical parameters of the radio equipment State agencies have the authority to inspect, control the radio frequency is evidence to identify and handle violations of the law on radio frequency and the handling of harmful interference.

Article 36. The form of the test 1. Periodic inspections are performed according to the test plan, the program has been the competent State agencies specified in item 1 and item 2 Article 35 of this law.


2. unscheduled checks are done when tackling harmful interference or when there are signs of violating laws on radio frequency.

Article 37. Measures to limit harmful interference the Organization, individuals are granted a license to use radio frequencies to implement provisions of the license and implement the following measures to limit harmful interference: 1. Maintain the broadcasting radio frequency range radio frequency discrepancies allowed under regulations of the Ministry of information and communications;

2. Reduce the emission category of unwanted radio down to the lowest value;

3. Use the play method constitute the band widths for the smallest respectively with the technology used;

4. Limiting collection, the radio broadcast in the direction not needed;

5. Use a level low enough to ensure the quality of information.

Article 38. The principle of handling harmful interference 1. The specialized administration of radio frequency power handling of harmful interference under the following guidelines: a) the priority radio emission in frequency band width necessary for radio stations, limiting at a low level for radio emission is not desired;

b) prioritize main services than extra business in changing radio frequency or broadcast technical parameters to handle harmful interference;

c) requires organizations, individuals using the radio station may apply measures to change radio frequencies, limited power, change the height, polarization, direction characteristics of antenna, divided back work time and other necessary measures for radio jamming stations to overcome the interferences;

d) requires organizations, individuals using mobile devices, electronic devices, radio-wave applications may implement measures to eliminate harassment;

DD) Organization requirements, individuals using electronic equipment, electronic devices, radio-wave application stop using this equipment if cause harmful interference to radio communication, navigation, search, rescue, rescue, defense, security, until cured harmful interference;

e) Organization, personal jamming due to non-observance of the regulations permits must bear the costs for the conversion of radio frequency, switch radio equipment, the handling of harmful interference; If the damage is compensated according to the provisions of the law;

g) organizations, individuals using radio equipment may violate the law on radio frequencies to overcome harmful interference and dealt with according to the provisions of the law.

2. organizations and individuals recommend specialized management agencies radio frequency resolve harmful interference should provide full information about harmful interference; If the provided information, false evidence shall be processed under the provisions of the law.

Article 39. Harmful interference handling procedures 1. The Organization, the individual is granted a license to use the radio frequency being harmful interference must perform the following procedure to handle: a) the notification of harmful interference for specialized management agencies radio frequency;

b) follow the instructions of the governing body of specialized mobile radio frequency to determine the source of interference, jamming causes and implement measures to address harmful interference.

2. While search causes harmful interference, the specialized agency radio frequencies have rights and responsibilities: a) Measured directly specifications of radio equipment or electrical equipment, electronic devices, radio-wave application could cause harmful interference;

b) asked to pause the exploitation of radio equipment or electrical equipment, electronic devices, radio-wave applications to correctly identify interference sources in case of need;

c) limitations affect the normal operation of the radio equipment in the process of measure directly or halt the exploitation equipment to find the causes of harmful interference.

3. organizations and individuals use frequency and radio equipment in the area of harmful interference is responsible for coordination with specialized management agencies radio frequency and created favorable conditions for detecting interference sources quickly, accurately and effectively noise processing.

4. organizations and individuals who owned the equipment cause harmful interference to proceed to repair, improve, stop operation of the equipment cause harmful interference and other measures at the request of the specialized agency radio frequency to ensure termination cause harmful interference.

Article 40. Technical safety corridor of radio stations 1. Technical safety corridors of power is about the space needed in the direction of currency, to ensure normal performance of radio stations.

2. The Minister of information and communications coordinated with construction Minister, Minister of defence, Minister of public security promulgated the regulations on technical safety corridor of radio stations; issued a list of radio stations have secure technical corridor be secured attached to the address, location and installation.

Chapter VI registration, INTERNATIONAL COORDINATION of RADIO FREQUENCIES, ORBITAL SATELLITE Article 41. The case is registered, the international coordination of radio frequencies, orbital satellite organizations use radio frequency to perform the registration, international coordination of radio frequencies, the satellite orbit in the following cases: 1. the use of frequency and radio equipment is capable of causing harmful interference to the radio business of other countries;

2. Use the radio frequency for radio communication system;

3. the use of radio frequencies that have been allocated for international organization of countries;

4. use of the radio frequencies in the case must make the international coordination of radio frequencies under the international agreements, the international treaties to which the Socialist Republic of Vietnam is a Member;

5. protected needs to not be harmful interference from radio communication systems from other countries.

Article 42. Registration, international coordination of radio frequencies and satellite orbits for satellite systems 1. The registration, international coordination of radio frequencies and satellite orbits for satellite systems are made according to the regulations of the International Telecommunication Union.

2. The Ministry of information and communications is responsible for: a) check the validity of the registration records radio frequencies and satellite orbits perform registration with the International Telecommunication Union;

b) organized the coordinating radio frequencies and satellite orbits with radio frequency management of the Nations according to the regulations of the International Telecommunication Union;

c) approval results in collaboration with radio frequencies and satellite orbits as defined in article 44 of this law.

3. organizations that use radio frequencies and satellite orbits are responsible for: a) the implementation of the regulations on registration, international coordination of radio frequencies and satellite orbits of this law and the international treaties to which the Socialist Republic of Vietnam is a Member;

b) directly with radio frequency coordination with foreign organizations under the provisions of article 44 of this law;

c) involved coordinating radio frequencies and satellite orbits with radio frequency management of the country by the Ministry of information and media chaired;

d) Filed a registration fee with radio frequency and satellite orbit as defined by the International Telecommunication Union;

DD) implemented the necessary measures to address harmful interference with other satellite systems under the provisions of the International Telecommunication Union.

43 things. Registration, international coordination of radio frequencies for radio communication system to the ground 1. The Ministry of information and communications is responsible for: a) held the international coordination of radio frequencies with the country sharing borders with Vietnam;

b) organized the international coordination of radio frequencies with other countries under the provisions of the International Telecommunication Union;

c) to check the validity of the registration records with radio frequencies, perform registration with the International Telecommunication Union;

d) approved the results of the international coordination of radio frequencies in accordance with Article 44 of this law.

2. organizations that use radio frequencies is responsible for: a) the implementing rules of the law on registration, international coordination of radio frequencies;

b) directly with radio frequency coordination with foreign organizations under the provisions of article 44 of this law;

c) participate in collaboration with radio frequency management agency radio frequencies of the country by the Ministry of information and media chaired;

d) Filed a registration fee with radio frequency according to the regulations of the International Telecommunication Union;

DD) implemented the necessary measures to address harmful interference with radio information system of the countries according to the regulations of the International Telecommunication Union.

Article 44. Radio frequency coordination, satellite orbit directly with organizations that use radio frequencies, orbital satellite of foreign countries 1. The organization uses radio frequency, satellite orbit prescribed in article 41 of this law directly coordinate with organizations that use radio frequencies, orbital satellite of foreigners when permitted by the Ministry of information and communication.

2. The radio frequency coordination, satellite orbit with the organization uses radio frequencies, orbital satellite of foreign countries to ensure national interests and in accordance with the provisions of the International Telecommunication Union.

3. Results in collaboration with radio frequencies, the satellite's orbit takes effect when the Ministry of information and communications for approval.

Chapter VII the MANAGEMENT and USE of RADIO FREQUENCIES SERVE DEFENSE PURPOSES, security Article 45. Allocation of radio frequencies serve defense purposes, security 1. The Ministry of information and communication, coordinated with the Department of Defense, the Ministry of public security proposed the allocation of radio frequencies to declare your serve defense purposes, security in each period on the basis of planning of radio frequency spectrum of the country the Prime Minister for approval.


2. where the Department of Defense, the Ministry of public security have the need to use radio frequencies for national defence purposes, security outside the radio frequencies were allocated exclusively to the consent of the Ministry of information and communication.

3. in case of situations that directly affect the sovereignty, security, national defense, the Ministry of public security are authorized to use radio frequencies in addition to the radio frequencies that have been allocated for the purpose of Defense, security and inform the Ministry of information and communication.

Article 46. Management, using radio frequencies serve defense purposes, security 1. The Ministry of defence, the Ministry of public security is responsible for: a) regulating the management, uses radio frequencies to be allocated to serve the purpose of Defense, security, ensure efficient use, savings, the true purpose of radio frequencies are allocated, in accordance with the planning of radio frequency spectrum of the country;

b) build and apply standards for radio equipment, radio emission and electromagnetic compatibility in operation use radio frequency to serve the purpose of Defense, security, ensure conformity with national technical regulation;

c) granted, modified, supplemented, renewed, revoked the license of use of radio frequencies, the radio officer certificate in the field of Defense and security;

d) check, radio frequency control, handling of harmful interference; inspections, complaints, accusations and handle breach of the laws on radio frequencies in the fields of Defense and security;

) specify the dedicated agency to manage radio frequencies is responsible for helping the Chief Minister of the governing, testing, control radio frequencies allocated to serve defense purposes, security.

2. The Ministry of information and communication, coordinated with the Department of Defense, the Ministry of public security building coordination: a) management, use of the frequency band for the purpose of Defense, security, economics and society;

b) handling of harmful interference between radio stations serving socio-economics with radio stations serve the purpose of Defense, security;

c) using radio frequency outside the radio frequencies allocated in case of emergency on defense and security.

Article 47. Management and use of equipment causing interference 1. The Ministry of defence, the Ministry of public security are using jammers to make the task of protecting the country, prevent, prevent, fight do Active failures compromised national security, order, social security.

The Agency, not the Department of Defense, the Ministry of public security, in the special case of need to use the jammers have to be prime.

2. Organs of the Organization, as defined in paragraph 1 of this article when using jammers to make the provisions on the management and use of equipment causing interference.

3. The Prime Minister detailing the management and use of equipment causing interference.

CHAPTER VIII TERMS OF IMPLEMENTATION of Article 48. Effect 1. This Act has effect from 1 July 2010.

2. The regulation on radio frequencies of the Ordinance, no. 43/2002/PL-UBTVQH10 expired from the day this law is in effect.

Article 49. Detailing and guiding the implementation of the Government and the competent authority detailing and guiding the implementation of the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.

This law was the National Assembly of the Socialist Republic of Vietnam XII, 6 session courses through November 2009.