Many new regulations on licensing and auctioning radio frequencies

These are the contents of Decree No. 63/2023/ND-CP (Decree 63) detailing a number of articles of the Law on Radio Frequencies No. 42/2009/QH12, amended and supplemented by a number of articles under Law No. 09/2022/QH15.

The subjects of application of Decree 63 are organizations and individuals participating in the management and use of radio frequencies in Vietnam. The scope of regulation of Decree 63 includes the issuance, re-issuance, exchange, amendment, supplementation, extension, revocation of radio frequency use licenses, and temporary suspension of part of the right to use radio frequencies.

The Decree also regulates the leasing and lending of radio equipment, shared use and transfer of radio frequency usage rights,...

According to general regulations, organizations and individuals requesting to grant, re-grant, exchange, extend, amend or supplement the contents of a license shall be responsible before the law for the accuracy and legality of the documents and contents declared in the dossier.

While the license is still valid, organizations and individuals who need to amend or supplement some contents in the license (except the expiration date) must submit a request according to regulations.

Decree 63 also clearly stipulates: Radio emission limits in frequency band licenses are regulated according to national technical standards. In cases where there are no national technical regulations, international standards and practical technological capabilities shall be applied to ensure the minimization of harmful interference.

The organization licensed to use the frequency band is responsible for reporting to the Ministry of Information and Communications periodically every quarter within the prescribed time limit on the list of radio transmitting equipment used in the radio information network according to the form.

Foreign organizations and individuals who are granted licenses to use radio frequencies and equipment for amateur radio stations may only use frequencies and equipment during their legal stay in Vietnam.

Decree 63 also provides very detailed information on application documents for license issuance, renewal, extension, amendment, and supplementation of the content of the license to use radio frequencies and equipment, and the procedures for handling by competent authorities for each case.

In Section 5, Chapter 2, the Government has provided clear regulations on the preparation of dossiers for granting, re-granting, extending, amending and supplementing the contents of licenses for using satellite frequencies and orbits.

In Section 6, Chapter 2, the licensing of frequency band usage will be carried out through auction of radio frequency usage rights. The auction plan must be publicly announced on the Electronic Information Portal of the Ministry of Information and Communications. In which, the starting price is calculated based on the basic collection level, the width of the frequency band and the permitted usage time.

According to Sections 7 and 8, Chapter 2, in addition to auctions, the right to use frequencies can also be licensed directly or through competitive examinations. Decree 63 also clearly stipulates cases of license revocation or partial suspension, even shared use, transfer of the right to use radio frequencies, and the leasing and lending of radio equipment.

In Chapter 7, the Government has issued regulations related to radio operator certificates, including amateur radio certificates and maritime radio certificates, along with the responsibilities of agencies and organizations in training and granting radio operator certificates.

According to Vietnamnet