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Decree 24/2004/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Ordinance On Telecommunications, Radio Frequency

Original Language Title: Nghị định 24/2004/NĐ-CP: Quy định chi tiết thi hành một số điều của pháp lệnh Bưu chính, Viễn thông về tần số vô tuyến điện

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The DECREE detailing implementation of some articles of the Ordinance on telecommunications, radio frequency base GOVERNMENT Government Organization Law on 25 December 2001;
Postal Ordinance base, telecomunication on 25 May 2002;
According to the recommendation of the Minister of post and telecommunications DECREE, chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some articles of the Ordinance, telecommunications management and operation using frequency, radio equipment, satellite orbits in Vietnam.
Article 2. The object of this Decree apply apply to organizations, individual Vietnam; organizations, foreign individuals have used the frequency and radio equipment in Vietnam.
In the case of international treaties to which the Socialist Republic of Vietnam signed or joined has regulations on radio frequency other than the provisions of this Decree shall apply to international treaties.
Article 3. State management of radio frequencies 1. The unified government administration of radio frequency range in the country.
2. Postal and telecommunications Ministry responsible Government implement state management of radio frequencies.
3. The content of State Management specialization of radio frequencies include: a) to build and operate the radio frequency planning; issued or the Government, the Prime Minister issued the legal texts on the management and use of frequency, radio equipment and satellite orbit;
b) collaboration, international registration of radio frequencies and satellite orbits; allocate, assign the frequency; frequency license, the license to use frequency and radio broadcast equipment (hereinafter the radio frequency license); currency and management fees, use of radio frequencies in accordance with the law;
c) test, the radio frequency control, handling of harmful interference and electromagnetic compatibility management; Inspector, sanctioning administrative violations in the field of radio frequency.
Article 4. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "fixed profession" is the radio business between the fixed points predetermined.
2. "mobile business" is radio services between mobile stations with ground stations, or between mobile stations.
3. "maritime mobile services" are services between mobile stations, or between the train station with the train station, or between the information on the train.
4. "air mobile operations" are mobile services between the train stations with air, or between the train stations.
5. "promotional services" are services in which the radio broadcast for the whole of the public currency directly. This service includes radio, television and other broadcast types.
6. the "amateur radio service" is a radio professional self training purposes, technical research information by tapping members of amateur radio is the licensee, favorite radio engineering done, only with personal purposes not related to profits.
7. "Radio Stations" is one or more radio equipment including enclosed equipment in one location to make a radio professional. Each of the radio stations are categorized by profession and that it operated on a regular or temporary.
8. the "satellite information Station", is a radio station set in the atmosphere or on the surface of the Earth used to information with one or more space stations, or contact one or more of the same through satellite radio reflections.
9. "Mobile Station" is a radio station in the mobile business, use the at motion or paused in the non-points.
10. "the banks" is a radio station in the maritime mobile services are located on the Mainland or islands to communicate with the ship, boat.
11. "train Station" is a mobile radio stations in the maritime mobile services put on the train, boat and not regularly drop anchor.
12. "Radio Stations put on the craft means the fish" is a radio station located on the train, boat and other removable media or not on the Sea refers to the extraction, processing, cultivation and Aqua collection, logistics services, investigation and control, check protect aquatic resources.
13. "train Station" is a mobile radio stations in mobile business aviation put on the train.
14. "the radio amateur radio" is a radio stations in the amateur radio service.
15. "wireless telephone" (extended subscription types) is the receiver-transmitter equipment consists of two parts communicate with each other by radio: "part 1, the mother" is the most recent fixed, be connected to a telephone network;
"Part 2, air con" is part might set fixed or carried away, have the same telephone number with your parents.
16. "emission in addition to tape" is emitted at one or more frequencies located right outside the width of the frequency band needed as a result of the modulation process but does not include imitation emission.
17. "emission" is emitted on one or more external frequency band width needed and can reduce emission levels without affecting the transmission take news.
18. "the unwanted emission" means emissions including emissions and emission in addition to tape.
19. "harmful interference" means interference to do harm to the operations of the radio business or obstruct, interrupt a career service is allowed to exploit.
20. "the frequency allocation" is the forth a definite band for one or more business or organization is entitled to use under the specific conditions in a business type or radio communication system.
21. "the frequency" is the governing body that allows a radio station to be a right to use a radio frequency or radio frequency channel according to the specific conditions.
22. "primary business" is a business whose name is printed with capital letters (for example, fixed) in the table to divide the spectrum radio frequencies for the profession.
23. "extra business" is a business whose name was in print (for example) in the table to divide the spectrum radio frequencies for the profession.
Chapter II the PLANNING, ALLOCATION of RADIO FREQUENCIES article 5. The planning of radio frequency spectrum 1. Radio frequency spectrum planning national power's plans to split into radio frequency spectrum bands for the profession according to time and stipulated the conditions for establishing the order of extraction, optimal use of radio frequency spectrum on nationwide.
The Ministry of posts and telecommunications building, the Prime Minister approved the planning of radio frequency spectrum.
2. Planning base radio frequency spectrum of the country, the Ministry of posts and telecommunications issued planning planning, channel frequency, radio frequency planning by region.
a) frequency plan detailing the conditions, aim to use some sections for a type of business band radio or radio information system specific. Band plan is built on the basis of the technology used, the quota amount the necessary frequency, service development needs and backup bands for new technologies, new needs.

b) Planning Division each channel frequency channel frequency into groups for a specific radio services according to a system of certain technical standards. Channel planning is built on the basis of the recommendation distributed channel, the technical standards of the International Telecommunication Union to set in order to use radio frequency channel, limiting harmful interference between radio equipment.
c) radio frequency planning by the establishment of the Department for frequency reuse a type specific radio services in some of the bands in the frequency range from thirty Mêgahéc (30 MHz) to three thousand Mêgahéc (3000 MHz). Radio frequency planning by region is built on the basis of the recommendation, the technical standards of the International Telecommunication Union to enhance the effective use of radio frequency spectrum, limiting harmful interference between radio equipment.
Article 6. Perform planning 1. Prohibiting the manufacture, import or use of radio equipment, radio application equipment in Vietnam left with the master plan (except the equipment in an interim import re-export; devices are produced for export; devices for introducing technology in the exhibition, the fair).
2. The development of electronics, telecommunication, radio, television and the development of other social-economic are related to the use of radio frequencies before the Prime Minister must be approved by the Ministry of post and telecommunications, the evaluation of radio-frequency electric part.
3. for the radio equipment and telecommunication networks using electromagnetic radio frequency before planning the effect that does not conform with the planning, the Ministry of post and telecommunications, specified measures, the time limit for conversion equipment, the frequency to match the planned and actual use conditions of Vietnam under the principle : a) the case of a device with the ability to adjust on the work in the frequency according to the master plan without the expense of conversion, the Organization, the individual must do the conversion procedure by the deadline specified in the planning.
b) where the device does not have the ability to adjust on the work in the frequency according to the master plan or device has the ability to adjust the frequency but need funding switch: in the frequency band, the area has a low demand in the use of the frequency, the Organization, individuals are allowed to exploit the rest of the time the depreciation of equipment but not more than 7 years from the date of the master plan is in effect, or until the post and telecommunications Ministry to stop exploitation by reason can interference.
The replacement device due to broken or network expansion does not change the time limit to stop the exploitation of the whole network.
In the frequency band, the area has a high demand in the use of the frequency, the Organization, the individual must do the conversion procedure by the deadline specified in the planning and conversion expenditure incurred.
c) Organization, individuals recovered bands before the deadline specified in the master plan will be paid a portion of the funding, but not exceeding the value of the equipment remaining at the time of the revocation frequency. The Organization, the individual is licensed to use the frequency band of this recovery are responsible for the payment of funds for the Organization, individuals recovered bands.
Article 7. Adjust the planning 1. Based on the development of national telecommunications, Vietnam laws and the international treaties to which Vietnam signed or joined in the field of telecommunications and radio frequency, the post and telecommunications Ministry made the adjustment according to the competence or the authority to approve adjustments to planning radio frequency spectrum according to each period.
2. content edit, adjustment of planning of radio frequency spectrum, after being issued by the authorized as part of the planning.
Article 8. Frequency allocation for Defense, security service 1. The allocation bands serve defense purposes, security is done according to the following principles: a) The long-term use of the frequency band allocated in proportion to match requirements, duties and have to pay attention to international practices;
b) bands use the term only applies to radio equipment currently in use but not fitted;
c) The occasional use of the band for a short time, when used must inform the Ministry of posts and telecommunications, except in the category of State secrets;
d) When there is the need to use the frequency band for socio-economic purposes on defense purposes, security must be agreed in writing by the Ministry of posts and telecommunications and not cause harmful interference to the network information service of socio-economics.
2. According to time, the Ministry of posts and telecommunications, in collaboration with the Ministry of defence, the Ministry of public security proposed the allocation of frequency band serve the purpose of Defense, security, the Prime Minister for approval after the opinion of the Committee of radio frequency. The Ministry of defence, the Ministry of public security is responsible for governing, using savings, the true purpose of the effective frequency band allocated.
3. in case of emergency on national security, the Ministry of defence, the Ministry of public security is to use a non-band number defined in art. 1 of this article to ensure national defense information security, on the basis of collaboration under unified approach between the Ministry of posts and telecommunications and the Ministry of defence The Ministry of public security. Chapter III RADIO FREQUENCY LICENSING section I GENERAL PROVISIONS article 9 LICENSE. Licensing guidelines the licensing of radio frequencies is done according to the following rules: 1. Fit the strategy, telecommunications development plan; Radio frequency spectrum planning national and Masterplan other frequency stipulated in article 5 of this Decree.
2. Ensure the effective, rational use, save the radio frequency spectrum.
3. Obey the norms of use and the technical standards regarding the frequency of national and international power.
4. Meet the needs of organizations and individuals in the use of radio frequencies.
5. Ensure fairness between the objects used and between the radio services of the same type.
6. logical priority needs new technology service frequency, effective use of radio frequency spectrum.
Article 10. Use of radio frequencies 1. Use of radio frequencies is revenues due to State regulation to ensure offset the direct and indirect costs for management, inspection and control, radio frequency handling harmful interference; ensure the implementation of the policy of the State in each period and in accordance with the actual situation.
2. The level of use of radio frequencies is determined on the basis of the universal values of frequency of use, constitute the level, frequency spectrum coverage, density used in the frequency bands and in the licensed area.
3. organizations and individuals, Vietnam; organizations, foreign individuals in Vietnam only licensed radio frequency after licensing fees and use of radio frequencies. The management and usage fees, licensing fees for the use of radio frequencies in accordance with the law on fees and charges.
Article 11. The case revoked the licence 1. Radio frequency license revoked in the following cases: a) 1 year after the deadline, from the date the licensed frequency band or after the time limit of 6 months from the date of being granted a licence to use frequency and radio broadcast equipment that the Organization, individuals are not on the actual deployment of the content specified in the licence.
b) Organization, personal use of improper purpose, frequency, causing waste of radio frequency spectrum has been licensed.

c) when the planning of radio frequency spectrum.
2. Postal and telecommunications Ministry decision to revoke the licence and stating the reason for the revocation.
SECTION II article 12-BAND LICENSES. License-license frequency band is the license issued to the Organization, the business is entitled to use a video frequency determined comes under the conditions specified on the upper and lower limit of the frequency band (including protective band section); coverage; emission levels are allowed in addition to bands, in addition to coverage and other conditions.
Article 13. The licensing conditions in the event the band frequency allocation is feasible, the post and telecommunications Ministry based on the following specific conditions to consider, licensed frequency band for the Organization, Enterprise: 1. Have developed information network power business approach, telecommunications service ensuring the socio-economic efficiency and effective use of the frequency band.
2. for public mobile telecommunications network, to demand the deployment of wide band; with regard to private telecommunication networks, intranets are in high demand in the use of frequencies in a defined area.
3. Equipment must ensure technical standards prescribed by the Ministry of posts and telecommunications.
Article 14. Procedure for grant of license 1. Application for grant of license include: a) license application, which stated please use frequency and coverage;
b) certified copy or certified under the provisions of the law to form for the Organization, business registration certificates for domestic business or investment licenses for business foreign investment or foreign Parties in business cooperation contracts;
c) certified copy or certified under the provisions of the law establishing the network license and provide telecommunications service (or the network test license and the telecommunications service, or license private telecommunications network setup) for the device must license the Network Setup;
d) project to set up radio information network, which stated: the purpose, scope, network configuration, the technology used;
DD) A register listing the radio broadcast equipment (according to the model by the Ministry of posts and telecommunications regulations).
2. Application for modification, additional content license: in the time of validity of the licence, if the Organization, enterprise wishing to amend and supplement the license content (unless otherwise specified on the width of the frequency band) must make application for additional amendments. The records include: a) the modified application, additional content license;
b) detailed report content to modify, Supplement and other related documents.
3. Before the license expires 90 days band, if organized, qualified business and require continued use they must redo the profile as is the case for the new.
4. Where the receiving records, declare and guide license delivery: radio frequency Directorate-Ministry of post and telecommunications.
5. in the extraction process, organization, enterprises are responsible for the correct implementation of the conditions specified in the licence; additional, timely report the content of the change in technical parameters, list of radio equipment in electric power information network.
Article 15. Time resolved licensed frequency band 1. The Ministry of posts and telecommunications assess and complete new level of review, edits, additional content license within a period of 45 days from the date of receipt of a valid application.
2. If the records are incomplete, not yet valid, then within 5 days from the date of the record, the post and telecommunications Ministry has the responsibility to inform, guide for organizations, businesses to supplement, complete the profile.
3. in case of refusal to renew, modify, supplement the license content, the post and telecommunications Ministry notice in writing, stating the reasons for refusal, apply for business licenses.
SECTION III PERMISSION to USE FREQUENCY and RADIO BROADCAST EQUIPMENT article 16. The licence to use frequency and radio broadcast equipment use license and frequency of radio electric equipment issued to the Organization, the individual is entitled to exploit one or more frequency and radio equipment, at the place or the area determined comes under the conditions specified on the frequency and distribution of income technical parameter, broadcast, contact Convention and other conditions.
Article 17. The license conditions of use frequency and radio broadcast equipment 1. In the case of the fixed radio frequency is feasible, the post and telecommunications Ministry based on the following specific conditions to consider licensing for organizations and individuals in the country and abroad in Vietnam: a) the purpose of use, clear touch objects in accordance with the law;
b) equipment must ensure technical standards by the Ministry of posts and telecommunications regulations apply (except exhibit equipment, technical testing);
c) exploit the train station Park, sea of amateur radio and other cases must have electric radio staff certificate by the Ministry of posts and telecommunications issued or recognized;
d) location installed antenna, antenna height must be consistent with the provisions of the postal and telecommunications Ministry and the other provisions of the law on ensuring safety;
DD) equipment system design ensures optimal use of radio frequency spectrum, electromagnetic compatibility with the surrounding environment.
2. Particularly for satellite communication stations made contact through the satellites of foreign countries or international organizations on satellite communication, pursuant to the conditions specified in paragraph 1 of this article, the post and telecommunications Ministry only considering licensing in the following cases : a) satellite information Stations in the public telecommunications network of the telecommunications business has set up a network and telecommunication services provided by the Ministry of posts and telecommunications.
b) satellite communication Stations of the Organization, enterprise use of satellite information services the telecommunications business was The main post office, telecommunications licenses.
c) satellite information Stations in the profession and promote satellite license to operate the press on radio, tv via satellite by Ministry of culture and information.
d) satellite information Stations in the maritime mobile service, satellite aviation safety, maritime, aviation under the provisions of the International Maritime Organization (IMO) or the Organization of international civil aviation (ICAO).
satellite communication Stations) of diplomatic missions, consular bodies of foreign countries, representative offices of international organizations in Vietnam, senior foreign delegation to visit Vietnam to enjoy preferential regulations, diplomatic immunity (hereafter referred to as "overseas missions") foreign correspondent, on short press operations in Vietnam.
The Ministry of posts and telecommunications, in collaboration with the Ministry of Foreign Affairs and the Ministry of public security detailing the licensing use of satellite information stations for foreign representative offices.
e) Under international treaties between the Socialist Republic of Vietnam with foreign or international organizations on satellite information.
g) other cases by the Ministry of posts and telecommunications regulations.
Article 18. Application for permission to use the frequency and radio broadcast equipment 1. Except where the provisions of article 24 of this Decree, for the radio broadcast equipment operation and radio broadcast equipment in the network are not granted a license to set up a profile, including: a) application for license;
b) affidavit please license the use frequency and radio broadcast equipment (according to the model by the Ministry of posts and telecommunications regulations);

c) certified copy or certified under the provisions of the law to form for the Organization, business registration certificates for domestic enterprises, cooperatives or the investment license for business foreign investment or foreign Parties in contract business.
2. for the train station, radio stations put on the train, the boat runs only on the River, in addition to the profile specified in paragraph 1 of this article, must have added: a) confirm the total capacity, the range of operation of the train, boat, or certificate of number (for passenger train);
b) certified copy or certified under the provisions of the law of mining certificates by the Member postal, Telecom level or recognition (for the train station).
3. for radio broadcast equipment placed on means of fisheries: a) If is the Organization's equipment, the enterprise, in addition to the profile specified in paragraph 1 of this article, must have added a copy notarized or certified under the provisions of the law of ship registration certificate or confirmation of the ship's capacity , boat.
b) If is the device of individual cooperation, in addition to the profile defined in points a and b of paragraph 1 of this article, must have added a copy notarized or certified under the provisions of the law of ship registration certificate or confirmation of the total volume of the boat, the boat.
c) The radio broadcast equipment placed on fishing activity in the medium frequency band from 26.96 to Mêgahéc 27.41 Mêgahéc (MHz) of radio equipment used condition and not obtaining radio frequency according to the provisions of article 24 and article 25 of this Decree.
4. for radio stations in the profession and promote, in addition to the profile defined in points a and b of paragraph 1 of this article, must have added: a) certified copy or certified under the provisions of the law of the press operations license by Ministry of culture and information (with the audience is the press agency).
b) text proposed by the Ministry of culture and information or the provincial people's Committee, the central cities (with the audience not yet rated as press agency, has the task of program playback radio station, China Central television and the province, central cities).
5. for amateur radio stations, in addition to the profile specified in point a, b paragraph 1 of this article, must have added: a) a copy of the certificate is exploited by amateur radio Campus Ministry, Telecom level or recognition;
b) passport copy along permanent or temporary certification card stay or card (for foreign mining).
6. For the cordless phone (extended subscription types) are not in the radio equipment list used condition and are licensed to use the frequencies, the records prescribed in points a and b of paragraph 1 of this article.
7. With regard to radio stations in foreign representative offices, in addition to the profile specified in point a, b paragraph 1 of this article, must have added the text suggested by the Foreign Ministry.
8. With regard to the radio broadcast equipment in the network are licensed to set up the network, in addition to the profile specified in paragraph 1 of this article must be added: a) project to set up radio information network, which stated the network configuration, the scope of activities, the use of technology, equipment frequency, please use;
b) certified copy or certified under the provisions of the law establishing the network license and provide telecommunications service (or the network test license and the telecommunications service, or license private telecommunications network settings).
Article 19. Renew the licence before the expiry of 30 days license, if the organization or individual wishing to continue to use (no modification, supplement the license content) to do the procedure please renew license. Application for renewal of the license include: 1. An application for renewal of a licence;
2. A notarized or attested pursuant to the law the license to set up and provide telecommunications service (or the network test license and the telecommunications service or license private telecommunications network settings) are valid for the device must license the network settings.
Article 20. Modify the additional license content, during the validity of the licence, if the organization or individual that needs modification, additional content licenses must make application for additional amendments. The records include: 1. An application for modification, additional content license;
2. A supplementary declaration if there is change;
3. Other documents related to the content of the amendments and supplements.
Article 21. Time resolved permission to use frequency and radio broadcast equipment 1. The post and telecommunications Ministry has the responsibility to solve new levels; renewal; modified, additional content licenses within 20 days from the date of receipt of a valid application.
2. If the records are incomplete, not yet valid, then within 5 days from the date of the record, the post and telecommunications Ministry has the responsibility to inform, guide for organizations, individuals applying for additional license, complete the profile.
3. in case of refusal to renew; renewal; modify, supplement the content license, the post and telecommunications Ministry notice in writing, stating the reasons for refusal, for individuals.
Article 22. Where the receiving records, instructions and license Declaration 1. Where the receiving records and license delivery for the new license application for the devices in the network radio information must permit network setup, the case must please modify, supplement the Network Setup: license a) postal and telecommunications Ministry;
b) The postal Bureau, telecommunications and information technology areas.
2. Where the receiving records and license delivery for the new application, renewal, modification, additional license content for devices of type is not licensed to set up the network; the case of renewals, modifications, plugins that permits network settings are still in effect: a Local radio frequency);
b) Control Center radio frequency of radio frequency power Bureau.
Article 23. Use frequency and radio broadcast equipment in case of emergency 1. Emergencies pose a risk to human life and property, organizations, individuals can use temporarily the frequency, radio broadcast equipment yet to be licensed and must promptly inform radio frequency Bureau under the Ministry of posts and telecommunications when conditions allow.
2. when the Radio Stations to send information or emergency signal is allowed to broadcast to attract attention in both the frequency not dedicated to call national and international rescue.
3. radio stations receiving the information, the emergency signals must immediately cease to broadcast on the frequency capable of jamming for emergency information and to continuously listen on playback frequency of emergency calls; answered and done all the necessary support, at the same time notify search and rescue agency.
SECTION IV the TYPE of RADIO EQUIPMENT USED CONDITION NOT NEED LICENCES article 24. Technical conditions and exploitation 1. Radio equipment using the condition include short range devices have limited capacity, less likely to cause harmful interference and non-protection from harmful interference.
2. The technical conditions and exploitation of radio equipment type-use condition, including: frequency channel, limited power levels, the play method is specified, the area is allowed to exploit and other conditions.
3. According to time, the Ministry of post and telecommunications regulation and announced the radio equipment category used condition. Content of the notice must be stated in full technical conditions and the exploitation of the type of equipment used.
Article 25. Responsibilities of the user

1. organizations and individuals who use the radio equipment specified in article 24 must meet the technical conditions exploitation according to the rules and not obtaining radio frequency.
2. Is strictly forbidden to use the radio equipment does not meet the technical conditions and exploitation as stipulated by the Ministry of posts and telecommunications.
Chapter IV inspection and CONTROL RADIO FREQUENCIES, handling HARMFUL INTERFERENCE, ELECTROMAGNETIC COMPATIBILITY MANAGEMENT section I CHECKED, RADIO FREQUENCY CONTROL, HANDLING of HARMFUL INTERFERENCE to article 26. The test object, the control organizations, individuals and organizations, Vietnam foreign individuals use frequency, radio equipment on the territory of Vietnam must be subject to the checks, the control frequency and radio equipment of the Ministry of posts and telecommunications.
Article 27. Responsible for checking, control 1. The post and telecommunications Ministry has the responsibility to inspect, control the frequency and radio equipment within the country to collect, measure the technical parameters and extraction, the degree of misappropriation of band radio stations; identify sources of interference; detect the radio violated; handling of harmful interference under the law of Vietnam and international treaties on information power that Vietnam signed or joined.
2. Test results, control, measurement of technical parameters and positioning the radio device, signal formats, or coral identification signal, and the other is the evidence base to identify and handle law violations in the field of radio frequency.
Article 28. The form of the test 1. Periodic inspections are performed according to the test plan, the program has been the postal and telecommunications Ministry approval.
2. unscheduled inspections are conducted when the complaint resolution; When the Ministry of posts and telecommunications found signs of violating provisions of the law on radio frequency.
Article 29. Measures to limit harmful interference 1. The Organization, the individual is licensed to use the frequencies, the radio broadcast equipment must comply the provisions in the licence and shall apply the following measures to limit interference ability: a) Holds the broadcasting frequency range frequency distortions;
b emission level Reductions) are not desirable in the lowest value;
c) using the method of frequency band width has the smallest leak (except for some special cases such as spread spectrum);
d) limiting broadcast in the direction not needed;
DD) using a level low enough to ensure the quality of information.
2. Radio Stations in extra services not cause harmful interference to radio stations in the main professional and not complaining harmful interference from radio stations in the main services that the frequency of the radio station has been or can be determined later.
Article 30. Handling complaints of harmful interference 1. Individual organization when complaints about harmful interference must be sent to the Ministry of post and telecommunications, "the report of harmful interference" in the form prescribed, and follow the instructions of the Ministry of posts and telecommunications for the identification of sources of interference, measures to tackle harmful interference.
The Organization, individuals use frequency and radio equipment in the area of harmful interference is responsible, in coordination with the Ministry of post and telecommunications, and create favorable conditions for detecting interference sources quickly, accurately and effectively noise processing.
2. Postal and telecommunications Ministry handling of harmful interference under the following principles: a) priority for emission in the ice, the unwanted emission shall be limited to the lowest level;
b) priority for the main services, the extra services must change the frequency or the broadcast technical parameters;
c) in the same radio professional, licensed frequency of use after the transition, the first priority for the licensed frequency used before;
d) organizations and individuals, the use of radio-electric applications in science, industry, health; electrical, electronic equipment, when interference to radio stations must implement measures to eliminate harassment (unless the application device with radio waves work properly stipulated band) and to stop using this equipment when interference to radio services lead the way , safety, rescue;
DD) cases of harmful interference is not fixed can apply measures: change frequency, limit development; to change the height, polarization, direction of the broadcasting antenna characteristics; divided back work time and other necessary measures for radio interference;
e) interference does not make the right content license is responsible for the cost of the switch frequency, the equipment, the handling of harmful interference.
Article 31. Handling of harmful interference between radio stations serving socio-economics with radio stations serving defense, security 1. Except for the frequency band allocated for Defense, security and long-term use according to art. 1 article 8 of this Decree, in the event of harmful interference between radio stations serving socio-economics with radio stations serving the defense, security, the radio station defense proactive security, changing frequency and technical parameters of broadcast to avoid interference.
2. where necessary, the post and telecommunications Ministry chaired and coordinated the Department of Defense, the Ministry of public security and other relevant ministries to establish interdisciplinary examination group resolve harmful interference.
SECTION II MANAGEMENT of ELECTROMAGNETIC COMPATIBILITY Article 32. The objective management of the electromagnetic compatibility of equipment, equipment for the system when put into use at creating electromagnetic energy in the frequency range from ten Kilôhéc (10 KHz) to three thousand Gigahéc (3,000 GHz) must ensure electromagnetic compatibility to the device, this device system stable operation , not been tampered with and cannot cause harmful interference to the device, the system devices.
Article 33. Content management electromagnetic compatibility 1. Content management about electromagnetic compatibility include: a) construction, issued and announced the application of electromagnetic compatibility standard;
b) regulations on electromagnetic compatibility certification for radio equipment, telecommunications equipment, equipment for radio-wave application in science, industry and health;
c) recognize and specify the testing Room, the Agency certified electromagnetic compatibility standard;
d) inspection, testing and handling of violations of the law in the field of electromagnetic compatibility management.
2. Postal and telecommunications Ministry building and issued regulations on electromagnetic compatibility management.
Article 34. Certification, announced the match standard electromagnetic compatibility 1. Certified electromagnetic compatibility standards.
According to time, the Ministry of post and telecommunications regulation directory of telecommunication equipment, radio equipment, equipment for radio-wave application in science, industry, medical need through certified electromagnetic compatibility standards.
The Organization, individual manufacturing, importing the devices in this category have to do proper certification standards and appropriate markup standard electromagnetic compatibility according to the rules before putting into use or circulation on the market.
2. Publication and ensure proper equipment electromagnetic compatibility standards.
The Organization, individual manufacturing, importing electrical equipment, electronics, the device has a radio wave radiation in addition to other devices and have a responsibility to publish secure appropriate equipment with corresponding standards on electromagnetic compatibility and marking conformity electromagnetic compatibility standards as defined before put into use or circulation on the market.
3. The certification, announced the match standard electromagnetic compatibility according to the specific provisions of the Ministry of posts and telecommunications.

Article 35. Laboratories, certification bodies electromagnetic compatibility the postal Ministry, telecommunications regulation capacity requirements and operation of the testing and certification bodies electromagnetic compatibility; the regulations specify procedures for the testing and certification body of electromagnetic compatibility.
Only the test results, certified electromagnetic compatibility of the testing and certification bodies by Ministry of posts and telecommunications or admit new used in active management of electromagnetic compatibility.
Chapter V COORDINATION, INTERNATIONAL REGISTRATION of RADIO FREQUENCIES and SATELLITE ORBITS in Article 36. The combined audience of the international registration, the Organization, the individual when using the radio frequency for information on international radio, satellite system on the geostationary orbit, geostationary, or is likely to cause harmful interference with radio services of other countries, or would like to be admitted to international collaboration international registration, on radio frequency or a satellite orbit.
Article 37. The responsibility of the Ministry of post and telecommunications, the Ministry of posts and telecommunications is responsible for: 1. Organized in collaboration with the water and registered with the International Telecommunication Union of radio frequencies and satellite orbits in order to protect the rights and national sovereignty.
2. Specifies the management, use and registration of international satellite orbits in Vietnam.
3. Hosted, in cooperation with the Ministry of Foreign Affairs, the Ministry of defence, the Ministry of public security organized the radio frequency coordination with countries that share a border with Vietnam.
Article 38. The responsibility of the individual organizations 1. Organization, Vietnam and foreign individuals in Vietnam is obliged to implement the provisions of the postal and telecommunications Ministry in coordination, international registration of radio frequencies and satellite orbits.
2. organizations, enterprises wishing to use the satellite orbit positions in Vietnam's sovereignty must be postal and telecommunications Ministry permit and must comply with the regulations on registration, coordinating satellite orbital and the other relevant regulations of the law.
Article 39. International registration of radio frequencies 1. International registration of radio frequencies include: a) dispatch please register on international radio frequency;
b) a copy of the licence to use frequency and radio broadcast equipment;
c) affidavit for international registration of radio frequencies (according to the model regulations).
2. Where the receiving records: radio frequency Directorate-Ministry of post and telecommunications.
3. on the basis of the application for international registration of radio frequencies, the Ministry of post and telecommunications (radio frequency Agency) consider against the regulations, technical standards, business international, the nation's unified content and to make the international registration procedure.
4. The use and exploitation of radio frequencies that have been internationally must comply with regulations of the international radio regulations.
Article 40. International registration of satellite orbits organized, business for international registration need about satellite orbits must apply to the Ministry of posts and telecommunications, and follow the correct procedure regulations of the International Telecommunication Union and the Ministry of posts and telecommunications.
Chapter VI COMPLAINTS, accusations, and HANDLE breach of article 41. Inspection of every organization, Vietnam and foreign individuals in Vietnam using frequency, producing, using radio equipment, the equipment must pass certified electromagnetic compatibility are both subject to the inspection, the Inspector's examination of postal specialist, Telecom and information technology and of the competent State bodies.
Article 42. Handle violation 1. The Organization, individuals are violations of the provisions of the law on radio frequency depends on the nature, the degree of offense that the sanctioned administrative offense or being prejudice criminal liability if damage is compensated according to the provisions of the law.
2. The person who would take advantage of Office, powers, there are violations of the provisions of this Decree and the provisions of the relevant legislation in the field of power, depending on the nature and extent of the violation being disciplined or arrested save for criminal liability If the damage is compensated according to the provisions of the law.
43 things. The complaint, report 1. The Organization, individuals have the right to appeal administrative decisions, administrative acts of the State bodies, public authorities in the enforcement of this Decree.
2. The individual has the right to report to the Agency, organization, personal authority on violations of the provisions of this Decree.
3. The authority, sequence, procedure for resolving complaints, accusations made under the provisions of the law on complaints and denunciation.
CHAPTER VII ENFORCEMENT PROVISIONS Article 44. Effective enforcement of this Decree has effect after 15 days from the date The report. Repeal of previous regulations contrary to this Decree.
Article 45. Responsible for the implementation of the postal and telecommunications Ministry within the scope of its powers, functions are responsible for guiding the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.