CSDLVBQPPL Bộ Tư pháp - Radio Frequencies 4 of 10 http://www.moj.gov.vn/vbpq/en/Lists/Vn bn php lut/View_Detail.aspx?I... radio equipment and radio-wave appliances on humans and the environment. 2. Users of radio stations, radio equipment and radio-wave appliances shall comply with the law on assurance of radio radiation safety. 3. Manufacturers or importers of radio equipment and radio-wave appliances on the list of those likely to produce unsafe radio radiation shall conduct regulation conformity certification and announcement and affix regulation conformity stamps to such equipment before marketing or using such them. 4. Before putting radio stations on the list of those subject to compulsory inspection of radio radiation safety into operation, organizations and individuals shall inspect these stations. 5. The Minister of Information and Communications shall promulgate a list of radio equipment and radio-wave appliances likely to produce unsafe radio radiation and requiring regulation conformity certification and announcement and use of regulation conformity stamps; the list of radio stations subject to compulsory inspection of radio radiation safety; prescribe inspection procedures and publicly announce a list of organizations qualified for inspecting radio radiation safety of radio stations. Article 15. Management of electromagnetic compatibility 1. Users of electric or electronic equipment producing radio radiation shall comply with regulations on management of electromagnetic compatibility. 2. Manufacturers or importers of electric or electronic equipment producing radio radiation on the list of those likely to become unsafe due to electromagnetic incompatibility as specified in Clauses 3 and 4 of this Article shall conduct regulation conformity certification and announcement and affix regulation conformity stamps to such equipment before marketing or using such them. 3. The Minister of Information and Communications shall promulgate a list of radio equipment, telecommunications equipment, information technology equipment and radio-wave appliances likely to become unsafe due to electromagnetic incompatibility. 4. After reaching agreement with the Ministry of Information and Communications, the Minister of Information and Communications shall promulgate a list of electric or electronic equipment producing radio radiation and likely to become unsafe due to electromagnetic incompatibility, except those on the list specified in Clause 3 of this Article: and announce national standards on electromagnetic compatibility for electric and electronic equipment producing radio radiation. 5. The mutual recognition of results of assessment of conformity with standards and technical regulations on electromagnetic compatibility between Vietnam and other countries and territories shall be effected in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party; the mutual recognition between Vietnam's conformity assessment organization and conformity assessment organizations of other countries and territories shall be effected in accordance with their agreements. Chapter IV LICENSING AND USE OF RADIO FREQUENCIES Article 16. Radio frequency use licenses 1. Organizations and individuals that wish to use radio frequencies and equipment shall obtain relevant radio frequency use licenses, except in the cases specified in Article 27 of this Law. Radio frequency use licenses include radio frequency and equipment use license, frequency band use license and frequency and satellite orbit use license. 2. Validity durations of radio frequency use licenses are prescribed as follows: a) A radio frequency and equipment use license will be valid for maximum 10 years and granted for organizations and individuals to use radio frequencies and equipment under specified conditions: b) A frequency band use license will be valid for maximum 15 years and granted for organizations to use given frequency bands or channels under specified conditions: c) A frequency and satellite orbit use license will be valid for maximum 20 years and granted for organizations to operate radio stations on satellites at specified satellite orbit locations or to use given frequency bands under specified conditions. 3. Radio frequency use licenses granted to organizations and individuals will have specific validity durations as requested by these organizations and individuals, which do not exceed the maximum validity duration of each kind of license specified in Clause 2 of this Article and must be in line with the radiofrequency master plan. 4. The Minister of Information and Communications shall specify procedures for granting, modifying, supplementing and revoking radio frequency use licenses. Article 17. Licensing principles 1. Publicity, transparency and lawfulness. 2. Compliance with the radio frequency master plan. 3. Satisfaction of radio technology and service convergence requirements. 4. Assurance of feasibility, rationality, efficiency, thrift and proper purposes: protection of lawful rights and interests of radio service users. 5. Primary services are prioritized over secondary services. 6. Satisfaction of the needs for using radio frequencies for public interests and performing the State's public-utility tasks. 7. The grant of radio frequency 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 must comply with this Law. treaties to which the Socialist Republic of Vietnam is a contracting party, and international law and practices. Article 18. Licensing methods 1. Licensing methods are prescribed as follows: a) Direct licensing shall be conducted on the basis of consideration of license application dossiers; b) Licensing through examinations to select entities eligible for the right to use a radio frequency shall be conducted on the basis of appraisal of their dossiers according to basic criteria of financial, investment, professional technical and business capabilities and human resources; c) Licensing through auction of the right to use a radio frequency shall be conducted on the basis of appraisal of bid dossiers according to certain criteria and bids offered. 2. Direct licensing shall be applied to radio frequencies to be used for the State's public-utility tasks or of low commercial value or the demands for 25/09/2018, 14:43

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