What are regulations on identification of basic fee when using information on fee for licensing use right of radio frequency in Vietnam?

What are regulations on identification of basic fee when using information on fee for licensing use right of radio frequency in Vietnam?

Pursuant to Article 3 of the Decree 88/2021/NĐ-CP stipulating identification of basic fee when using information on fee for licensing use right of radio frequency in Vietnam as follows:

1. In case Vietnam has determined fee for licensing use right of radio frequency of frequency band of the same type as the frequency band whose basic fee is to be determined under Clause 2 of this Article within 5 years prior to the date on which Decision of Minister of Information and Communications on identifying basic fee comes into force, basic fee shall be determined according to Clause 3 of this Article.

2. Frequency band of the same type as the frequency band whose basic type is to be determined (hereinafter referred to as “equivalent frequency band”) is the frequency band that is in the same frequency band planning under standardization of 3^rd Generation Partnership Project (sharing the same operating band) as the frequency band whose basic fee is to be determined or the frequency band that shares similarities and duplex transmission methods with the frequency band whose basic fee is to be determined.

3. Basic fee is determined as follows:

In which:

MTCS_MHz refers to basic fee for a megahertz (MHz) in one year (12 months) licensed for use, unit: VND/MHz/year;

n refers to number of samples of equivalent frequency band whose fee for licensing use right of radio frequency has been collected within 5 years prior to the date on which Decision of Minister of Information and Communications on identifying basic fee comes into effect;

MT_i refers to total fee for licensing use right of radio frequency of the equivalent frequency band corresponding to the i^th sample (excluding other charges), unit: VND;

BT_i refers to total width of the equivalent frequency band corresponding to the i^th sample, unit: Megahertz (MHz);

GP_i refers to effective period of license issued to the equivalent frequency band corresponding to the i^th sample, unit: year;

C_i refers to the latest consumer price index for telecommunication and postal sectors relative to the date on which Decision of Minister of Information and Communications on identifying basic fee comes into force (hereinafter referred to as “time of identifying basic fee”) compared to the consumer price index applicable on the date on which Ministry of Information and Communications announces the fee to be paid by enterprises in writing corresponding to the i^th sample, unit: percentage (%). Consumer price index for telecommunication and postal sectors at any given time shall use values publicized by General Statistics Office of Vietnam.

What are procedures for deciding basic fee when using information on fee for licensing use right of radio frequency in Vietnam?

Pursuant to Article 5 of the Decree 88/2021/NĐ-CP stipulating procedures for deciding basic fee when using information on fee for licensing use right of radio frequency in Vietnam as follows:

1. Minister of Information and Communications shall issue decisions on identifying basic fee; organize identification of basic fee according to Article 3 and Article 4 hereof and results identified by organizations eligible for appraising prices; and send to Ministry of Finance together with documents presenting methods of identifying basic fee.

2. Within 15 days from the date on which written request of Ministry of Information and Communications is received, Ministry of Finance shall issue written remarks regarding basic fee.

3. Minister of Information and Communications shall decide on basic fee after receiving remarks of Ministry of Finance.

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:

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

MTCS_MHz 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;

B_w 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.

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