What is the time limit for submitting application for participating in bidding for use right of radio frequency in Vietnam?

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Question date: 03/12/2022

What is the time limit for submitting application for participating in bidding for use right of radio frequency in Vietnam? What documents are included in the application for participating in bidding for use right of radio frequency in Vietnam? What are regulations on issuance of license for providing telecommunication services in Vietnam? What is the deadline and procedures for processing application for participating in bidding for use right of radio frequency in Vietnam?

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    • What is the time limit for submitting application for participating in bidding for use right of radio frequency in Vietnam?
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    • What is the time limit for submitting application for participating in bidding for use right of radio frequency in Vietnam?

      Pursuant to Clause 1 Article 12 of the Decree 88/2021/NĐ-CP stipulating the time limit for submitting application for participating in bidding for use right of radio frequency in Vietnam as follows:

      Within 55 days from the date on which Ministry of Information and Telecommunications publicizes Bidding organization solutions, enterprises must submit application for appraisal of eligibility for participating in bidding to Ministry of Information and Telecommunications (Telecommunication Agency): In person, via postal service, or online via National public service portal.

      In case enterprises fail to submit application adequately, Ministry of Information and Telecommunications (Telecommunication Agency) shall issue notice on rejection.

      What documents are included in the application for participating in bidding for use right of radio frequency in Vietnam?

      Pursuant to Clause 2 and 3, Article 12 of the Decree 88/2021/NĐ-CP stipulating the application for participating in bidding for use right of radio frequency in Vietnam as follows:

      2. For enterprises licensed for providing telecommunication services, applications consist of:

      a) Applications for revision to license for establishing public telecommunication networks, license for providing telecommunication services utilizing frequency band due to changes to use demand of licensed telecommunication resources including:

      Application for revision to license for providing telecommunication services according to regulations and law on telecommunication;

      Reports on implementation of the license from the date on which the license is issued until the date on which application for revision of the license is submitted according to regulations and law on telecommunication;

      Revised business plans and technical plans suitable with revised telecommunication resources according to regulations and law on telecommunication.

      b) Commitment for implementing telecommunication networks after winning bid according to Point b Clause 3 Article 11 hereof.

      3. For enterprises that are not prescribed under Clause 2 of this Article, application consists of:

      a) Application for issuance of license of establishing public telecommunication network and license for providing telecommunication services utilizing frequency band according to regulations and law on telecommunication;

      b) Commitment for implementing telecommunication networks after winning bid according to Point b Clause 3 Article 11 hereof.

      Pursuant to Clause 4, Article 12 of the Decree 88/2021/NĐ-CP stipulating business plans and technical plans under application developed by enterprises in Vietnam as follows:

      Business plans and technical plans under application developed by enterprises on the basis of starting prices of frequency block put up for bidding must satisfy minimum economic and technical requirements of enterprises, requirements for implementing telecommunication networks and satisfy investment commitment according to regulations and law on telecommunication to guarantee feasibility when implementing realistically.

      What are regulations on issuance of license for providing telecommunication services in Vietnam?

      Pursuant to Clause 5 and 6, Article 12 of the Decree 88/2021/NĐ-CP stipulating issuance of license for providing telecommunication services in Vietnam as follows:

      5. Issuance of confirmation for eligibility for participating in bidding implemented simultaneously with issuance of license for providing telecommunication services shall be implemented according to Clause 2 and Clause 3 Article11 hereof and requirements for licensing related to application for issuance of license for providing telecommunication services of enterprises.

      6. Upon winning bid for frequency, enterprises under cases under Clause 2 of this Article shall be issued with revised license with effective period conforming to regulations and law on telecommunication. Enterprises shall be issued with new license for providing telecommunication services after the previous license expires in case of establishing public telecommunication networks, providing telecommunication services corresponding to the frequency block in bidding in a manner that guarantees legitimacy of provision of telecommunication services utilizing frequency block in bidding and implementation of commitment for implementing telecommunication networks after winning the bid. Procedures for issuing new license for providing telecommunication services shall conform to regulations and law on telecommunication with respect to application for new issuance of license for providing telecommunication services together with documents approving results of the winning bid of provided frequency.

      What is the deadline and procedures for processing application for participating in bidding for use right of radio frequency in Vietnam?

      Pursuant to Clause 7 Article 12 of the Decree 88/2021/NĐ-CP stipulating the deadline and procedures for processing application for participating in bidding for use right of radio frequency in Vietnam as follows:

      a) Within 1 working day from the date on which application is received, Ministry of Information and Communications (Telecommunication Agency) shall inform applicants in case of inadequate applications. Within 4 days from the date on which notice is received, applicants must revise and submit adequate applications as per the law;

      b) Within 15 days from the date on which adequate applications are received, Ministry of Information and Communications shall consider and issue written verification for eligibility for participating in bidding using form under Annex attached hereto;

      c) In case of inadequate applications according to Clause 2 and Clause 3 Article 11 hereof, Ministry of Information and Communications shall issue written rejection and reasons.

      Best regards!

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

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    • Article 12 of the Decree 88/2021/NĐ-CP Download
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