CSDLVBQPPL Bộ Tư pháp - Radio Frequencies 6 of 10 http://www.moj.gov.vn/vbpq/en/Lists/Vn bn php lut/View_Detail.aspx?I... interests of organizations and individuals: c) Intentionally and illegally causing harmful interference to other radio equipment or equipment systems, or using radio frequencies exclusively used for national defense and security, emergency, safety, search, rescue and salvage for other purposes, causing serious consequences: d) Intentionally committing deceitful acts or supplying untruthful information to obtain a license: e) Failing to pay the charge for the use of a radio frequency and to fulfill other financial obligations prescribed by law; f) Failing to actually perform operations indicated in their licenses for 2 years after the licensing date: g) Having their telecommunication licenses, press activity licenses or their right to rebroadcast relevant radio or television programs revoked. 2. One year after having their radio frequency use licenses revoked under Points b. c. d and e. Clause 1 of this Article, in case their violations are not serious enough for penal liability examination and they have remedied consequences caused by their violations and meet all the conditions for licensing specified in this Clause, organizations and individuals may be considered for the re-grant of a radio frequency use license. Article 24. Transfer of the right to use a radio frequency 1. The transfer of the right to use a radio frequency is specified as follows: a) Organizations licensed to use a frequency band or channel through auction may transfer the right to use of a radio frequency to other organizations; b) Organizations transferring the right to use a radio frequency must possess a valid radio frequency use license; c) Organizations receiving the right to use a radio frequency must meet the conditions on participants in an auction or examination to select entities eligible for the right to use radio frequencies specified at Point b. Clause 3. Article 18. and the licensing conditions specified at Points a. b. d. e and f. Clause 2. Article 19 of this Law; d) The transfer is approved in writing by the Ministry of Information and Communications: e) Parties to the transfer shall fulfill tax obligations under tax laws; f) The legitimate rights and interests of involved organizations and individuals are assured. 2. The Prime Minister shall detail the transfer of the right to use a radio frequency. Article 25. Lease or lending of radio equipment 1. Owners of means of transport furnished with radio equipment and owners of amateur radio stations may reach agreement in writing to lease or lend radio equipment for which they have been licensed to other organizations and individuals for operation, and shall notify such to the specialized management agency in charge of radio frequencies. 2. Radio equipment lessees or borrowers must meet the conditions of licensees specified in Clause 1. Article 19 of this Law. Radio equipment lessors, lessees, lenders and borrowers shall comply with the law on radio frequencies and other relevant laws. 3. The Minister of Information and Communications shall detail the lease or lending of radio equipment. Article 26. Common use of radio frequencies 1. Organizations and individuals that use a radio frequency at a low level or while traveling in a wide area shall share the radio frequency with other organizations and individuals and accept the effects of the common use. 2. Organizations and individuals licensed to commonly use a radio frequency shall use only the radio frequency indicated in their licenses and may use encryption or other technical solutions to assure information confidentiality. 3. The Minister of Information and Communications shall detail the common use of radio frequencies. Article 27. Exemption from radio frequency use licensing 1. Radio equipment exempt from radio frequency use licensing includes: a) Short-range radio equipment of a limited output and unlikely to cause harmful interference, which are on the list mentioned in Clause 2 of this Article; b) Radio equipment installed on board foreign seagoing ships or airplanes traveling through Vietnamese territory, which are exempt from licensing under international agreements or treaties to which the Socialist Republic of Vietnam is a contracting party. 2. The Minister of Information and Communications shall announce a list of radio equipment exempt from radio frequency use licensing, together with their technical and operation conditions. 3. Manufacturers or importers of radio equipment on the list mentioned in Clause 2 of this Article shall announce and assure that manufactured or imported equipment meet the technical and operation conditions required for radio equipment exempt from radio frequency use licensing before marketing such equipment. 4. Users of radio equipment exempt from radio frequency use licensing shall assure all technical and operation conditions for such equipment. Article 28. Rights and obligations of organizations and individuals licensed to use radio frequencies and equipment 1. To use radio frequencies and equipment according to their licenses. 2 To request competent agencies to handle harmful interference. 3. To lodge complaints about or denunciations against illegal acts in the domain of radio frequencies. 4. To install and use radio equipment and frequencies in accordance with relevant laws. 5. To design and install radio stations and antenna posts in accordance with regulations on electromagnetic compatibility, radio radiation safety, construction and aviation safety and other relevant regulations. 6. To submit to radio frequency inspection, examination and control by competent state agencies. 7. To fulfill financial obligations for the use of radio frequencies as prescribed by law. 8. To participate in the international registrashy;tion and coordination in radio frequencies, for the cases specified in Article 41 of this Law. 9. To comply with agreements on the international coordination in radio frequencies and treaties to which the Socialist Republic of Vietnam is a contracting party. 25/09/2018, 14:43

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