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

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Question date: 03/12/2022

What are regulations on approval and publication of bidding results for transfer of use right of radio frequency in Vietnam? What are regulations on license for using frequency band and license for providing telecommunication services in Vietnam? What are regulations on revocation of license for using frequency band and dealing with violations to the commitment in Vietnam? What are regulations on fee for licensing use right of radio frequency in Vietnam?

Thank you!

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

      Pursuant to Article 15 of the Decree 88/2021/NĐ-CP stipulating approval and publication of bidding results for transfer of use right of 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.

      What are regulations on license for using frequency band and license for providing telecommunication services in Vietnam?

      Pursuant to Article 16 of the Decree 88/2021/NĐ-CP stipulating license for using frequency band and license for providing telecommunication services in Vietnam as follows:

      1. Within 3 working days from the date on which enterprises submit fee for licensing use right of radio frequency according to Clause 3 and Point a Clause 4 Article 7 hereof and security for implementation of license for providing telecommunication services as per the law, enterprises shall be issued with license for using frequency band and license for providing telecommunication services.

      2. Responsibilities of enterprises regarding implementation of commitment for implementing public telecommunication network are elaborated under license for providing telecommunication services and license for using frequency band.

      What are regulations on revocation of license for using frequency band and dealing with violations to the commitment in Vietnam?

      Pursuant to Article 17 of the Decree 88/2021/NĐ-CP stipulating revocation of license for using frequency band and dealing with violations to the commitment in Vietnam as follows:

      1. Enterprises shall have their license for using frequency band revoked for cases under Law on Radio Frequency.

      2. Enterprises that violate the commitment for implementing public telecommunication network specified under license for providing telecommunication network and license for using frequency band shall have their license for using frequency band revoked in addition to administrative penalties as per the law if the enterprises fail to implement adequate number of radio stations as per the commitment they have previously made within 2 years.

      What are regulations on fee for licensing use right of radio frequency in Vietnam?

      Pursuant to Article 6 of the Decree 88/2021/NĐ-CP stipulating fee for licensing use right of radio frequency in Vietnam as follows:

      1. Fee for licensing use right of radio frequency (hereinafter referred to as “fee”) when extending use license of radio frequency shall be determined as follows:

      In which:

      MTth refers to fee for licensing use right of radio frequency for the extended period of use license of the radio frequency, unit: VND;

      MTCSMHz refers to basic fee of radio frequency whose use license is extended and is identified according to Article 3, Article 4, and Article 5 hereof;

      Bw refers to width of frequency band whose use license is extended, unit: Megahertz (MHz);

      T refers to the extended period of use license of frequency band, unit: month.

      2. In case frequency band is granted via bidding for use right of radio frequency, the fee shall equal the winning bid.

      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 15 of the Decree 88/2021/NĐ-CP Download
    • Article 16 of the Decree 88/2021/NĐ-CP Download
    • Article 17 of the Decree 88/2021/NĐ-CP Download
    • Article 6 of the Decree 88/2021/NĐ-CP Download
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