What are eligibility requirements for enterprises participating in the bidding for radio frequency in Vietnam?

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Question date: 05/12/2022

What are eligibility requirements for enterprises participating in the bidding for radio frequency in Vietnam? What are eligibility requirements to be issued with license for establishing telecommunication network in Vietnam? What are requirements for bidding for radio frequency in Vietnam? What are regulations on approval and publication of bidding results for radio frequency in Vietnam?

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    • What are eligibility requirements for enterprises participating in the bidding for radio frequency in Vietnam?
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    • What are eligibility requirements for enterprises participating in the bidding for radio frequency in Vietnam?

      Pursuant to Clause 1 Article 11 of the Decree 88/2021/NĐ-CP stipulating eligibility requirements for enterprises participating in the bidding for radio frequency in Vietnam as follows:

      1. An enterprise participating in the bidding must:

      a) satisfy eligibility to be issued with license for establishing telecommunication network; and

      b) satisfy requirements of the bidding.

      What are eligibility requirements to be issued with license for establishing telecommunication network in Vietnam?

      Pursuant to Clause 2 Article 11 of the Decree 88/2021/NĐ-CP stipulating eligibility requirements to be issued with license for establishing telecommunication network in Vietnam as follows:

      2. Eligibility to be issued with license for establishing telecommunication network includes:

      a) Eligibility to be issued with license for establishing public telecommunication network utilizing frequency band granted via bidding according to regulations and law on telecommunication;

      b) Compliance with regulations and law on telecommunications for ownership in provision of telecommunication services, form, requirements, and contribution of foreign investors.

      What are requirements for bidding for radio frequency in Vietnam?

      Pursuant to Clause 3 Article 11 of the Decree 88/2021/NĐ-CP stipulating requirements for bidding for radio frequency in Vietnam as follows:

      3. Requirements of the bidding:

      a) Complete previous financial obligations with the Government regarding telecommunications and radio frequency (if any);

      b) Requirements for implementing telecommunication network include:

      Number of radio stations to be implemented within 2 years from the date on which license is issued to the date on which the license expires;

      Official date of service provision;

      Signal coverage when developing telecommunication network (yearly commitment until the date on which the license expires for population density or commune administrative division);

      Minimum requirements for telecommunication services;

      Commitment for transferring regions of terrestrial mobile telecommunication services for networks in rural communes, remote communes, poor communes, and areas provided with utility telecommunication services and provinces, cities according to criteria publicized by Minister of Information and Communications.

      In addition, pursuant to Clause 4 Article 11 of the Decree 88/2021/NĐ-CP stipulating as follows:

      4. Minister of Information and Communications shall elaborate on requirements for implementing telecommunication networks for each bidding session.

      What are regulations on approval and publication of bidding results for radio frequency in Vietnam?

      In addition, pursuant to Article 15 of the Decree 88/2021/NĐ-CP stipulating approval and publication of bidding results for radio frequency in Vietnam as follows:

      1. Within 15 days from the date on which bidding records are received, Minister of Information and Communications shall issue Decision approving bidding results and publicize on their website.

      2. Decision approving bidding results consist of information on enterprises winning the bid, the frequency block for bidding, duration of use, winning bid, and clauses requiring enterprises to submit fee for licensing use right of radio frequency adequately in order to be licensed for use of frequency band and license for providing telecommunication services.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 11 of the Decree 88/2021/NĐ-CP Download
    • Article 15 of the Decree 88/2021/NĐ-CP Download
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