CSDLVBQPPL Bộ Tư pháp - Radio Frequencies 5 of 10 http://www.moj.gov.vn/vbpq/en/Lists/Vn bn php lut/View_Detail.aspx?I... which do not exceed the radio frequency allocation capacity indicated in the radio frequency master plan, and on the first come first served principle. 3. Licensing through auction or examination to select entities eligible for the right to use a radio frequency is specified as follows: a) It shall be applied to frequency bands or channels of high commercial value and the demands for which exceed the allocation capacity indicated in the radio frequency master plan; b) Participants in auctions or examinations to select entities eligible for the right to use a frequency band or channel are organizations eligible for the grant of a telecommunications network establishment license under the law on telecommunications; c)The Prime Minister shall detail the auction of the right to use a radio frequency; decide on frequency bands or channels to be auctioned or subject to examination to select entities eligible for the right to use a radio frequency in each period and in line with the radio frequency master plan. The Minister of Information and Communications shall detail the examination to select entities eligible for the right to use a radio frequency. Article 19. Grant of radio frequency and equipment use licenses 1. Entities to be licensed include: a) Vietnamese organizations and citizens and foreign organizations that lawfully operate in Vietnam: b) Foreigners who use amateur radio stations or radio frequencies for other purposes under regulations of the Minister of Information and Communications. 2. Conditions on licensees: a) Using a radio frequency and equipment for purposes and radiocommunication services not banned by law; b) Possessing a telecommunications license under the law on telecommunications, for organizations applying for a radio frequency use license to establish a telecommunications network or radio or television broadcasting network: c) Possessing a press activity license or being permitted to rebroadcast radio or television programs under law; d) Having a feasible radio frequency use plan in line with the radio frequency master plan; e) Having radio equipment conformable with technical regulations on radio emission, radio radiation safety and electromagnetic compatibility; f) Having committed to comply with regulations on assurance of information safety and security; inspect and handle harmful interference and assure radio radiation safety; g) Possessing a radio operator certificate, for those falling in the case specified in Clause 1. Article 32 of this Law. 3. The Ministry of Information and Communications shall assume the prime responsibility for. and coordinate with concerned ministries and ministerial-level agencies in. specifically guiding the grant of radio frequency and equipment use licenses to Vietnam-based foreign diplomatic missions and consular offices and representative offices of international organizations, and high-ranking foreign delegations visiting Vietnam that enjoy diplomatic privileges and immunities. Article 20. Grant of frequency band use licenses 1. Entities to be licensed are organizations lawfully operating in Vietnam. 2. Conditions on licensees are specified as follows: a) Meeting all the conditions specified at Points a. b. d. e and f. Clause 2. Article 19 of this Law in case of direct licensing; b) Winning an auction or passing an examination to select entities eligible for the right to use a radio frequency. Article 21. Grant of frequency and satellite orbit use licenses 1. Entities to be licensed are organizations lawfully operating in Vietnam. 2. Conditions on licensees include: a) Having adequate financial and technical capabilities and human resources for management and operation of satellites: b) Having a feasible plan on the efficient use of the satellite orbit for purposes and radiocommunication services not banned by law; c) Having committed to comply with Vietnam's laws and treaties to which the Socialist Republic of Vietnam is a contracting party on the use of radio frequencies, satellite orbits and outer space. Article 22. Extension, modification and supplementation of radio frequency use licenses 1. The extension of a license must adhere to the licensing principles specified in Article 17 of this Law and the following provisions: a)The licensed organization or individual has fulfilled all obligations prescribed for each kind of radio frequency use license: b) The remaining validity duration of the license is at least 30 days for radio frequency and equipment use licenses: 60 days for frequency band use licenses: or 90 days for frequency and satellite orbit use licenses; c)The total of the first-time validity duration and validity duration extensions of a license must not exceed the maximum validity duration prescribed for each kind of license. In case the first-time validity duration of a license is equal to the maximum validity duration prescribed for the relevant kind of license, only an extension of up to one year may be permitted. 2. The modification or supplementation of a radio frequency use license must adhere to the licensing principles specified in Article 17 of this Law and the following provisions: a) The license is still valid: b) The licensed organization or individual has fulfilled all the obligations prescribed for each kind of license: c) The modification or supplementation must comply with Articles 19. 20 and 21 of this Law. Article 23. Revocation of radio frequency use licenses 1. Organizations and individuals shall have their radio frequency use licenses revoked in the following cases: a) Using radio frequencies against the State of the Socialist Republic of Vietnam or to the detriment of national defense and security, social order and safety: b)Using radio frequencies not in compliance with their licenses, causing serious damage to the interests of the State, and legitimate rights and 25/09/2018, 14:43