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Circular No. 05/1999/tt-Tcbđ: Guide The Implementation Of Decree No. 109/1997/nd-Cp On November 12, 1997 By The Government On Telecommunications For The Management And Permission To Use The Frequencies, The Broadcasting Equipment.

Original Language Title: Thông tư 05/1999/TT-TCBĐ: Hướng dẫn thi hành Nghị định số 109/1997/NĐ-CP ngày 12/11/1997 của Chính phủ về bưu chính viễn thông đối với công tác quản lý và cấp phép sử dụng tần số, thiết bị phát...

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CIRCULAR guiding the implementation of Decree No. 109/1997/ND-CP on November 12, 1997 by the Government on telecommunications for the management and licensing of use frequency, radio broadcast equipment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On November 12, 1997, the Government issued Decree No. 109/1997/ND-CP on postal and telecommunications. The General Department of post Office Guide to the implementation of the provisions on the management and licensing of use frequency, radio broadcast equipment as follows: i. GENERAL RULES 1.1-General Post Office uniform State management for the frequency spectrum, radio equipment and satellite orbits in Vietnam. This circular guides the procedure on granting permission to use the frequencies, the radio broadcast equipment and satellite orbit subscription.
1.2-the institutions, domestic and foreign individuals in Vietnam (except the Department of Defense, the Ministry of public security has defined separately) want to installation, use, stockpile of radio electric equipment on the territory of Viet nam and the use of radio frequencies in the career service: fixed, mobile, radio , tv, maritime, aviation, cargo Director, positioning, satellite, broadcast and other profession must ask permission Of the postal Bureau and installed only, use, stockpile when the license; When changing the content that is defined in the license must be allowed by the postal administration; must comply with the regulations outlined in this circular.
1.3-some terms used in this circular is understood as follows: 1.3.1/power is a general term applied when using radio waves.
1.3.2/Radio Waves are electromagnetic waves have frequencies tv 3000GHz in space without artificial wave guide.
1.3.3/assign frequency: Is the State governing body allows a radio station to be a right to use a radio frequency or radio frequency channel according to the specific conditions.
1.3.4/harmful interference: noise Is doing harm to the operations of the radio information service or obstruct, interrupt a radio information services are allowed to exploit.
1.3.5/radio broadcast equipment: the equipment Is released, with radio-broadcast receivers or devices with radio wave radiation (hereinafter referred to as radio broadcast equipment) for the radio information service fixed, mobile, marine, aviation, radio-television every Director, positioning, satellite, broadcast standard (time signal, the frequency standard); the equipment used in science, industry, medical radio emission and other services.
1.3.6/radio information services: Business Is covering the transmission, emission or reception for specific telecommunication purposes.
1.3.7/fixed: Business Is business radio communication between the fixed points predetermined.
1.3.8/Mobile: Business Is business radio communication between the mobile station and the ground stations, or between mobile stations with each other.
1.3.9/maritime mobile services: Mobile Business Is between coastal stations and ship stations, ship stations or between each other, or between the information on the deck. The rescue ship and the pha report emergency position radio can also join this profession.
1.3.10/air mobile services: Mobile Business Is between the air and the radio on the plane together, including rescue stations; the radio phase marks the location of emergency can also join this profession on the emergency frequency and urgency.
1.3.11/publicity: information business Is professional radio communication in which the broadcast for the whole of the public currency directly. This service includes radio, television, or other radiation types.
1.3.12 Professional/amateur radio: radio communication services Is aimed at self training, information exchange, technical research by the users play amateur radio performed. These people are only interested in radio engineering because of personal preference rather than for the sake of money and were competent agencies allow.
1.3.13/Castle: one or more devices with radio broadcast or radio receiving equipment or combinations of radio devices including electrical equipment enclosed in a position to conduct an information professional or a radio astronomy profession. Each one will be categorized by profession and that it operated on a regular or temporary.
1.3.14/stationary: a radio station in the fixed service.
1.3.5/Radio: a radio station in the mobile business use at motion or paused in the non-points.
1.3.16/aviation Radio: a radio station the ground in mobile business. In some cases an aviation radio station can be placed on the deck of the ship or on a fleet at sea.
1.3.17/Radio the plane: a roving radio station located on the aircraft in the aeronautical mobile service, not counting aircraft and rescue stations.
1.3.18/Radio promotion: a radio station belonging to professional promoters.
1.3.19/Amateur Radio: A radio stations in the amateur radio service.
1.3.20/ship radio station: radio station in the maritime mobile services put on boats or fishing of media organizations and individuals operating on Vietnam or international waters, are defined in the Decree 92/CP enacted on 23/8/1997.
1.3.21/Radio Stations put on the means of fishing: Is radio stations put on the ships, boats and other means of mobile, mobile air on the Sea refers to exploitation, processing, aquaculture, transportation services, collecting every fisheries, the exploration and investigation of check, control of aquatic resources protection provisions in Decree 72/1998/ND-CP of the Government ban released on 15/9/1998.
1.3.22/cordless phone (extended Subscription Types): Is the play/capture device consists of two parts in contact with each other by radio waves:-part 1 (air): section is fixed, be connected to a telephone network;
-Part 2 (air con): is the part can be fixed or carried away, have the same telephone number with your parents.
1.4-fixed frequency, The licensing and use of radio frequency spectrum should be allocated according to professional planning of radio frequency spectrum for Vietnam service has been approved by the Prime Minister in decision No. 85/1998/QD-TTg dated 16/3/1998.
1.5-The radio broadcast equipment imported into Vietnam must have the certificate of conformity and the import license of the postal administration.
1.6-The radio broadcast equipment in the radio network is a network setup license, in addition to the licence to use frequency and radio broadcast equipment must have a permit to set radio information network by the General Directorate of post office level (as defined in circular No. 04/1998/TT-TCBĐ on 29/9/1998 guidelines for implementing decree 109/1997/ND-CP of the Government on the network and telecommunication services).
1.7-the vessel must be Of the postal Bureau of technical services, check the wireless device when ship radio license.
1.8-the equipment used in science, industry, medical radio emission must conform to regulations on electromagnetic compatibility or regulations on anti-interference of postal administration. 
1.9-Postal Administration agreed upon frequency of use of the Ministry of defence, the Ministry of public security. 1.10-organizations and individuals who are licensed to use the frequencies, the radio broadcast equipment must pay levels and frequency of use by the decision 167/CT on 18/5/1991 of the President of the Council of Ministers (Prime Minister) and the regulations of the Ministry of finance.

General Post Office (Bureau of VTĐ frequency) held the currency lodging fees for all the frequency license to use frequency and radio broadcast equipment.
II. REGULATIONS ABOUT LICENSING of USE frequency, RADIO BROADCAST EQUIPMENT for the PROFESSIONAL 2.1-The type of license: 2.1.1/postal administration is the Agency licensed radio frequency for the objects use referred to in point 1.2 in this circular, including: + license to use frequency and radio broadcast equipment;
+ Licenses with radio frequency (spectrum licenses, license types, equipment ...).
2.1.2, for a licence to use frequency and radio broadcast equipment Of the postal Bureau determines the order and procedure of license renewal, renew licenses and license-back level when there are additional changes.
For other types of radio frequency license to another postal administration will have separate rules.
2.2-responsibility for the postal administration units: 2.2.1/frequency VTĐ Bureau has the duty to renew, renew, refresh all the licenses with radio frequency use in the information profession.
2.2.2/Postal Bureau, the postal Bureau has issued new mission areas, renew, refresh the network setup license information in the right type of radio licenses to set up according to the hierarchy in circular 4/1998/TT-TCBĐ.
2.3 2.3.1-licensing procedure-renewed license to use frequency and radio broadcast equipment used in the radio information service of type is not licensed to set up a network composed of the vessel, aircraft, vehicle fish professions; the professional promoters; radio stations in the maritime service, operating under the Convention of international communication; amateur radio stations; the warning device, the remote control; wireless phone devices (extended subscription type).
Application for license include: 2.3.1.1/application for a license to use the frequencies, the radio broadcast equipment.
2.3.1.2/statements to please license the use frequency and radio broadcast equipment for each machine (including reserve), the model regulations according to the Declaration of the General Department of post office (according to Appendix 1).
2.3.1.3/resume or list of employee exploitation or responsible person by the competent police authorities.
2.3.1.4/certified copy: decided to set up the unit and investment license (for the units of foreign investment) Private radio stations below, records include: 2.3.1.5/for ship stations: records required in point 2.3.1.1, 2.3.1.2, 2.3.1.4 Declaration for each ship and Castle must have more mining certificate:-ship Taipei due to postal administration level.
The certificate payload, range of activities by the register, the Maritime Bureau of Vietnam.
Private radio stations put on boats run only on the river for use in the the purpose, the required records as in 2.3.1.2, 2.3.1.3, 2.3.1.1 points, 2.3.1.4.
2.3.1.6/radio stations for the latest on the means of fishing, (frequency band under Appendix 2): a) If is the device of the Organization, business unit: records request as stated in 2.3.1.2, 2.3.1.3, 2.3.1.1 points, 2.3.1.4 and must have more licensed by the competent State agency level (notarized copy).
b) If is the device of the collaboration, personal profile, request: + affidavit please license the use frequency and transmitter for each radio station, declared in the form of a postal administration (Appendix 1) are certified by the people's Committee of the place of residence.
+ A resume due to the police authority.
+ Licensed by the competent State agency level (copy).
2.3.1.7/for the warning devices, the remote control by radio waves (frequency band according to Appendix 3): records request as stated in point 2.3.1.1 and 2.3.1.2.
2.3.1.8/for the wireless phone-type extends subscriber, (frequency band under the provisions of annex 4): records request as stated in point 2.3.1.1, 2.3.1.2.
Particularly for the extended phone subscribers have the maximum transmitter power is under 1w is not licensing, please use.
2.3.1.9/with regard to the promotion of business: follow the instructions of circular of Ministry of culture and information-postal Directorate No. 6/1997/TTLT on November 28, 1997.
2.3.1.10/for amateur radio stations: follow the rules in terms of amateur radio by the General Directorate of post Office attached to decision No 99/1998/QD-CSBĐ on 14/2/1998.
2.3.1.11/for diplomatic missions, consular agency in Vietnam, representative agencies of international organizations in Vietnam, the senior foreign delegation to visit Vietnam to enjoy preferential regulations, diplomatic immunity, the records request as stated in point 2.3.1.1 2.3.1.2, and enclose the text suggested by the Foreign Ministry.
2.3.2-new license Levels using frequency and radio broadcast equipment used in radio information services in radio information network is the Network Setup, licensing records include: 2.3.2.1/Licensing application form accompanied by the opinion of the governing body (if any) for the Agency , organization, Vietnamese enterprises; attach the proposal of the Ministry of Foreign Affairs for diplomatic and international organizations enjoying diplomatic policy;
2.3.2.2/A notary decided to establish investment or license (for the units of foreign investment);
2.3.2.3/Network Setup project, which stated: configuration, operating range, the technology used, the equipment, the technical standards of the network and devices, please use frequency (if available);
2.3.2.4/resume of managers and network executives have confirmed the Agency's public security authority.
2.3.2.5/affidavit please use transmitters and radio frequency according to the pattern because Of the postal Bureau issued.
2.3.3-renewal of the licence; again (when there's change, additional) license to use frequency and radio broadcast equipment: 2.3.3.1/when the license to use frequency and radio broadcast equipment expiring use, if you want to use (no change, additional content defined in the license) , the Organization, the individual must do the procedure please renew the licence before the expiry of 30 days license.
2.3.3.2/when there's change, addition of content has been defined in the license to do the procedure please refresh licenses (including the license hasn't expired or expiring use).
2.3.3.3/when radio broadcast equipment stop using must immediately notify licensing body to the level of that frequency for the Organization, other personal use, ensuring save radio frequency spectrum.
2.3.3.4/application for renewal of a licence; again (when there's change, additional) license to use frequency and radio broadcast equipment of type are not granted a license to set up a network, including: + or application level license.
+ Additional testimony if there is a change (in the prescribed form, Appendix 1).
2.3.3.5/application for renewal of a licence; again (when there's change, additional) license to use frequency and radio broadcast equipment of type must license the Network Setup:-When the network setup license changes in terms of content, the profile includes: + additional amendments application;
+ A detailed description of the additional amendments intended;
+ The documentation related to the amendments and supplements;
+ Copy network settings are in effect.
+ Additional testimony if there is a change (in the prescribed form, Appendix 1).
-When the network setup license expiry potency but no changes in terms of content, the profile includes the renewal application: +;
+ Copy network settings are in effect.
+ Additional testimony if there is a change (in the prescribed form, Appendix 1).

-When the licence to set up a longer validity period but no change in the content, such as the requirement profile and have more copy 2.3.3.4 license set are in effect.
2.3.4-the term of the licence to use frequency and radio broadcast equipment: the validity period of the license type is maximum 2 years (for specialized network) and 5 years (for public networks) and do not exceed term of validity of the licence to set up a radio information (for licensed network set network).
2.3.5-licensing settlement time use frequency and radio broadcast equipment: 2.3.5.1/licensing bodies have a responsibility to resolve the license of use frequency and radio broadcast equipment within a period of 14 days from the receipt of a valid application to ensure the requirements to license.
2.3.5.2/If not then request profile after 3 days from the date of the application, the licensing authority is responsible for notifying subjects for know to complement, perfection. Licensing resolution time is calculated from the date the license Agency to receive the additional data.
2.3.5.3, organizations, personal permission to use frequency and radio broadcast equipment has the responsibility to provide complete, accurate specifications, proper administrative procedures ensure the licensing requirements under the regulation.
2.3.5.4/case refused to license the use of the frequency and radio broadcast equipment, the licensing agency will respond in writing stating the reason for the subjects for know within 7 days of receiving a valid profile.
2.3.5.5, The license to use the frequency and radio broadcast equipment must be preserved and always comes in the broadcast equipment.
2.3.6-receiving address records, declare and guide license delivery: 2.3.6.1/for application to renew the licence for the devices in the network radio information must permit network settings, the profile must apply for a license to set up radio information network receiving address, records and license delivery: General Post Office, 18 Nguyen Du, Hanoi.
The regional postal Bureau II, 27 Nguyen Binh Khiem, district, Ho Chi Minh City.
The regional postal Bureau III, 42 Tran Quoc toan, Da Nang City.
2.3.6.2/application for renewal, the renewal of the licences for the radio broadcasting equipment of type does not need a license to set up a radio information; the application for renewal, reissuance of license use frequency and broadcast equipment VTĐ that permits to set up and yet the time limit, the receiving address records and license delivery: radio frequency Agency-18 Nguyen Du, Hanoi;
Or the control center area frequency in the frequency Bureau VTĐ 2.3.6.3/the Agency stated at the address above, when receiving the records responsibly Guide, test records, ensuring the customer a full declaration, exactly the parameters according to the form prescribed by the General Department of post office (lục1).
2.4-handling administrative violations in the field of frequency management and radio broadcast equipment: All administrative violations on the management of frequencies and radio broadcast equipment will be sanctioned according to the stipulation in article 14-section III – chapter II-Decree 79/CP dated 6/19/1997 of government sanctioning administrative violations in the field of management State postal, telecommunications and radio frequency.
III. INTERNATIONAL REGISTRATION of RADIO FREQUENCIES and SATELLITE ORBITS-the international register 3.1 frequencies and satellite orbits: 3.1.1/object registration: The Agency, Vietnam and foreign organizations in Vietnam have used frequency and radio broadcast equipment in the career service : satellite communication, radio communication, maritime, aviation, radio-tv and radio information services other, to international registration when:-contact radio stations abroad; or-is likely to cause harmful interference can outside national boundaries; or-should be international recognition.
3.1.2/application for international registration of frequency are:-an application for international registration frequency.
-License frequency and transmitter power level by the postal administration.
-A declaration according to the model defined for each profession. (Appendix 6) 3.1.3/receiving address profile: radio frequency Agency-18 Nguyen Du, Hanoi 3.1.4/on the basis of the application for international registration, Postal Administration consider against the regulations, technical standards, international business, the national database for content and make the international registration procedure According to the Declaration, the form, the regulations of the International Telecommunication Union (ITU) for each profession. (Appendix 6) 3.1.5, the use and exploitation of the international registration frequency should follow the provisions of the radio regulations of the International Telecommunication Union (ITU).
IV. Inspection, CONTROL and HANDLING of HARMFUL INTERFERENCE 4.1-General Post Office Organization and management systems auditing, control the frequency and the radio broadcast equipment within the country, in order to detect the violation in the use frequency and radio broadcast equipment , timely handling of violations, resolve harmful interference, to enhance the quality and efficiency of the use of the radio frequency spectrum.
4.2-The organization, individuals are allowed to use frequency and radio broadcast equipment to implement strictly the content specified in the license and comply with the regulations on anti-interference measures:-keep the broadcasting frequency range frequency distortions;
-Reduce the harmonic radiation level, radiation in the treatment of parasites;
-Use the method of wide-band broadcast constitute the most narrow;
-Limit the broadcast in the direction not needed;
-Use a level low enough to ensure the quality of information.
4.3-the harmful interference, individual institutions must submit to the licensing agency "report can interference with radio information" form (annex 5) and follow the instructions of the license Agency to organize the identification of sources of interference, measures to tackle harmful interference.
Agencies, organizations use radio frequencies in the area may have the responsibility to coordinate and create favorable conditions for detecting interference sources quickly, accurately and noise handling was effective.
4.4-The sanctioning of administrative violations for the Act did not make the measures against noise and interference under article 15 enforcement-section III chapter III-Decree 79/CP enacted on 19/6/1997 provisions sanctioning administrative violations in the field of governance of the postal telecommunications and radio frequency.
V. IMPLEMENTATION 5.1-this circular have effect after 15 days from the date of signing. The previous provisions contrary to this circular are repealed.
5.2 – for the organizations and individuals who currently have licenses used by the postal administration but are exploited, use frequency and radio broadcast equipment in the business stated in point 1.2, must proceed to do the procedure, application for permit to use according to the writing direction of the postal administration at the latest after 6 months from the date This circular has the effect.
5.3-In the process if there are obstacles, the proposal reflects the timeliness with the postal administration for guidance or review, edit, Supplement.