The amended and supplemented Law on Radio Frequencies was passed by the National Assembly on Nov 09, 2022, and has officially taken effect from 01 Jul 2023; the outstanding view of the Law is to strictly manage, rationally, and effectively allocate the right to use radio frequencies, creating a healthy competitive environment in telecommunications activities. To concretize the above views, on August 18, 2023, the Government issued Decree 63/2023/ND-CP detailing a number of articles of the amended and supplemented Radio Frequency Law of 2022 ("Decree 63"). Here, ATA Legal Services will synthesize and analyze notable contents for businesses specified in Decree 63.
1. The concept and role of radio frequencies and cases in which radio frequency licenses must be applied
The Law on Radio Frequencies defines radio frequency as the frequency of radio waves, where radio waves are electromagnetic waves with frequencies lower than 3000 gigahectares (GHz) that propagate freely in space, without artificial conduction.
Radio frequencies play an important role in ensuring communication, broadcasting, defense, and security, and can be identified as one of the important factors in the 4.0 technology revolution; therefore, the Law on Radio Frequencies expresses the clear view of lawmakers: radio frequencies are an important national public asset.
Stemming from its role as an "important national public asset", the Law on Radio Frequencies stipulates that organizations and individuals using radio frequencies and radio equipment must obtain licenses to use corresponding radio frequencies, unless exempt from use permits as prescribed.
2. Enterprises do not have to sign and stamp the dossier submitted through the Online Public Service System
In order to promote digital transformation and build an e-government, Decree 63 allows enterprises to apply for licenses (including issuance, re-issuance, renewal, renewal, and modification of contents...) of licenses through the Online Public Service System will not have to perform the following tasks:
a. Sign and seal the documents in the license application;
b. Submit a lawful electronic copy of the Business Registration Certificate (applicable in case the enterprise has been granted an electronic identification account)
In addition, the results of settling dossiers can also be sent by competent agencies to enterprises via the online public service system or electronically.
3. Strengthening the management of radio frequency licenses
Previously, licenses related to radio frequencies were stipulated in Decree 88/2021/ND-CP ("Decree 88") and Circular 04/2021/TT-BTTTT of the Ministry of Information and Communications ("Circular 04"); from ATA's perspective, Decree 63 has synthesized and adjusted relevant provisions in Decree 88 and Circular 04 in the direction of restricting and strengthening the management of the State in licensing; as follows:
3.1. Details of documents to be provided for radio frequency and equipment licensing dossiers
Compared to Circular 04, Decree 63 clearly and in more detail the cases of permitted use and necessary documents in the dossier of license application
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Licenses for the use of radio frequencies and equipment |
Circular 04 |
Decree 63 |
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General documents |
+ General information affidavit and specification declaration, exploitation + Documents certifying the legal status of individuals/organizations |
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Separate documentation (applicable for each license type) |
for amateur radio |
Amateur Radio Operator Certificate |
+ Amateur radio certificate; or + Information regarding amateur radio certificates in accordance with local regulations |
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for radio stations placed on fishing vehicles; |
Contracts for the use of satellite communication services of fishing vessel owners with licensed telecommunications enterprises (Not applicable to the case of Earth Radio operating independently of organizations, individuals, and business households) |
Contracts for the use of satellite information services with telecommunications enterprises or agents authorized by licensed telecommunications enterprises (Applicable to the case of independent operation of organizations, individuals, and business households) |
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for Earth Radio of organizations, offshore enterprises, multinational companies, government agencies, software development zones, and high-tech parks when using regional or international satellites |
No regulations |
Quyết định thành lập hoặc Giấy chứng nhận đăng ký doanh nghiệp hoặc Giấy chứng nhận đầu tư
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for radio stations, they must be registered with the International Civil Aviation Organization in the air mobility service according to regulations |
No regulations |
Documents of specialized agencies under the Ministry of Defense on the opening of specialized airfields |
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3.2. The Ministry of Public Security participates in the process of approving licenses for the use of satellite frequencies and orbits
In addition to the affidavit of application for a use license as stated in Circular 04, Decree 63 additionally requires enterprises to supplement their commitment to meet the conditions specified in the Law on Radio Frequencies, in accordance with the scheme or project approved by a competent authority.
Besides, in case of new issuance of licenses, Decree 63 requires that within 05 working days from the date of receipt of a complete and valid dossier, the radio frequency licensing agency shall send a document enclosed with the dossier to collect opinions of specialized agencies under the Ministry of Public Security, specialized agencies under the Ministry of Public Security shall respond within 10 days from the date of sending a written request for comments.
3.3. Stricter regulations on conditions for participation in auctions using frequency bands
The difference between conditions in Decree 88 and Decree 62 is presented by ATA in the table below:
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Decree 88 |
Decree 62 |
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+ Eligible to be considered for a license to establish a telecommunications network; + Fulfill previous financial obligations to the State regarding telecommunications and radio frequencies (if any); + Requirements for deployment of telecommunications networks include one or several prescribed contents |
Additional conditions of the following: + Use radio frequencies and equipment for radio purposes and operations not prohibited by law; + Have a feasible radio frequency use plan, conform to the radio frequency planning or have a feasible radio frequency use plan for special cases; + Having radio equipment in conformity with technical regulations on radio emission, radio radiation safety and electromagnetic compatibility + Commit to comply with the provisions of law on ensuring information safety and security; inspect and resolve harmful interference and radio radiation safety; + Having fulfilled financial obligations on telecommunications and radio frequencies as prescribed by law; + Business plans, technical plans on the use of frequency bands licensed through general construction auctions for telecommunications service business activities in telecommunications service business licenses |
Thus, the conditions for participating in the auction using frequency bands in Decree 63 are more strictly regulated than in Decree 88.
3.4. Organizations that violate the contents of commitments to deploy telecommunications networks for frequency bands may have a partial suspension of the right to use radio frequencies
The amended and supplemented Law on Radio Frequencies 2022 provides that one of the cases of revocation of a license to use radio frequencies is an organization or individual that fails to remedy its violation of its commitment to deploy telecommunications networks after the time limit for partial suspension of the right to use radio frequencies.
In order to concretize the above-mentioned provisions, Decree 63 stipulates that the organization shall be partially suspended from using radio frequencies for frequency bands in case of violation of one of the contents committed to deploying telecommunications networks for that frequency band as follows:
- Total capital invested in the network;
- The number of radio base stations to be deployed;
- Coverage area by population or geographic area.
In case of violation, the organization/enterprise will be handled immediately (the form of handling is to suspend the use of 50% of the licensed bandwidth) and only have 12 months to remedy the violation; after the expiry of 12 months to remedy, the competent state agency will consider assessing the level of remedy of the violation as a basis for the termination of the decision to suspend or issue a decision to revoke the license.
Previously, Decree 88 stipulated: that organizations/enterprises have a period of 02 years from the date of license to deploy a sufficient number of radio base stations; expiry of 02 years without deploying a sufficient number of broadcasting stations may be considered for license revocation. Thus, compared with the provisions of Decree 88, Decree 63 has stipulated more strictly, in the direction of requiring organizations/enterprises to immediately implement the commitments presented in the licensing dossier to state agencies (including the committed progress); in case of violation of the commitment, it will have to be remedied within a limited time or be considered for license revocation.
In addition to the important contents mentioned above, Decree 63 continues to stipulate the method of determining and the level of collection of money for granting the right to use radio frequencies.
Decree 63 takes effect from August 18, 2023.
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