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JOINT CIRCULAR

GUIDING THE GRANT OF SATELLITE COMMUNICATION STATION-USE LICENSES TO FOREIGN REPRESENTATIVE MISSIONS, FOREIGN DELEGATIONS AND FOREIGN CORRESPONDENTS ACCOMPANYING FOREIGN DELEGATIONS

Pursuant to Article 17 of the Government's Decree No. 24/2004/ND-CP of January 14, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding radio frequencies,

The Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Post and Telematics hereby jointly guide the grant of satellite communication station-use licenses to foreign representative missions as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides in detail the grant of satellite communication station-use licenses to foreign representative missions, foreign delegations and foreign correspondents accompanying foreign delegations. Satellite communication stations mentioned in this Circular mean stations which use satellite communication services provided by foreign countries or international satellite communication organizations.

The grant of licenses to satellite communication stations which use satellite communication services provided by Vietnamese telecommunications enterprises shall comply with the provisions of Article 18 of Decree No. 24/2004/ND-CP.

2. Subjects of application

The subjects defined in this Circular include:

2.1. Foreign representative missions, which are foreign diplomatic missions and consular offices, representative offices of international organizations belonging to the United Nations or inter-governmental system in Vietnam.

2.2. Foreign delegations, which are foreign delegations visiting Vietnam at the invitation of Party, State, National Assembly or Government leaders.

2.3. Foreign correspondents accompanying foreign delegations, who are correspondents on the list of the delegations' members and working under management of the delegations' press officials.

2.4. Other special subjects as approved by the three ministries.

II. GRANT OF SATELLITE COMMUNICATION STATION-USE LICENSES

1. Licensing conditions

The subjects defined at Point 2, Section I of this Circular that wish to establish and use satellite communication stations must meet the following conditions:

1.1.The establishment and use of satellite communication stations must be for official-duty communication only, with clearly identified subjects of communication, not for business or other purposes.

1.2. Equipment must meet technical standards set by the Ministry of Post and Telematics.

1.3.Equipment must ensure safety limits on electromagnetic field for humans living in the surrounding environment according to competent state agencies' regulations.

1.4. Locations for antenna installation, and antenna heights shall comply with the Post and Telematics Ministry's regulations and other provisions of law on aeronautic safety assurance.

1.5. For the subjects defined at Points 2.1, 2.2 and 2.3, Section I of this Circular, the grant of satellite communication station-use licenses shall apply on the reciprocal principle. Foreign parties must also create conditions for Vietnamese representative missions and delegations to install and use satellite communication stations when they have demand therefor.

2. Dossiers of application for licenses

A dossier of application for a license (made in 3 sets) shall comprise:

2.1. An application for a satellite communication station-use license (made according to a set form), sealed by a competent agency and signed by a competent person with his/her full name.

2.2. A declaration of application for the radio frequency- and transmitter-use license, for satellite communication stations (made according to a set form), enclosed with technical dossiers of satellite communication equipment.

2.3. Press permit, granted by the Ministry of Foreign Affairs (for foreign correspondents accompanying foreign delegations).

3. Places of receipt of dossiers

3.1. The Protocol Department (the Ministry of Foreign Affairs) shall receive dossiers of application for satellite communication station-use licenses from foreign diplomatic missions and consular offices and representative offices of international organizations belonging to the United Nations or inter-governmental system in Vietnam.

Particularly for foreign consular offices, the dossiers of application for license shall be received by provincial/ municipal Services of Foreign Affairs. Provincial/ municipal Services of Foreign Affairs shall certify the dossiers and send them to the Protocol Department within 3 days after receiving the dossiers in order to carry out the procedures specified at Point 4, Section II of this Circular.

3.2. Delegation-receiving agencies shall receive dossiers of application for satellite communication station-use licenses from foreign delegations which visit Vietnam at the invitation of Party, State, National Assembly or Government leaders.

3.3. Delegation-receiving agencies or the Information-Press Department (the Ministry of Foreign Affairs) shall receive dossiers of application from foreign correspondents accompanying foreign delegations.

4. Procedures for grant of licenses

Concerned agencies of the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Post and Telematics shall jointly carry out procedures for the grant of satellite communication station-use licenses to the subjects defined at Point 2, Section I of this Circular according to the following process:

4.1. For foreign representative missions:

4.1.1. The Protocol Department (the Ministry of Foreign Affairs) shall send written comments to Professional Techniques Department I (the Ministry of Public Security) and the Radio Frequency Department (the Ministry of Post and Telematics) within 7 working days after receiving complete and valid dossiers.

4.1.2. Professional Techniques Department I shall send written comments to the Protocol Department and the Radio Frequency Department within 7 working days after receiving complete dossiers.

Where it is necessary to have more time for consideration, upon the expiration of the above-said time limit, Professional Techniques Department I shall send written notices on the extended duration for consideration (which, however, must not exceed 10 working days) to the Protocol Department and the Radio Frequency Department.

4.1.3. After receiving complete, valid and accurate dossiers, within 6 working days after receiving written notices from Professional Techniques Department I, the Radio Frequency Department shall calculate and allocate frequencies, grant radio frequency- and transmitter-use licenses (for satellite communication stations), send such licenses to foreign representative missions and, at the same time, notify the results thereof to the Protocol Department and Professional Techniques Department I.

Particularly for satellite communication stations which require coordination of international frequencies, the Radio Frequency Department shall only grant provisional licenses for use in the coordination duration (according to the procedures specified in Article 9 of the Radio Rules of the International Telecommunications Union). The official licensing shall be considered after completion of the coordination of international frequencies.

4.2. For foreign delegations:

4.2.1. Delegation-receiving agencies shall send written opinions to Professional Techniques Department I and the Radio Frequency Department within one day after receiving complete and valid dossiers.

4.2.2. Professional Techniques Department I shall send written comments to delegation-receiving agencies and the Radio Frequency Department within two working days after receiving complete dossiers.

4.2.3. Within 3 working days after receiving complete, valid and accurate dossiers from host agencies, if Professional Techniques Department I gives no opinion, the Radio Frequency Department shall calculate and allocate frequencies, grant radio frequency- and transmitter-use licenses (for satellite communication stations), send such licenses to foreign delegations and, at the same time, notify the results thereof to host agencies and Professional Techniques Department I.

4.3. For foreign correspondents accompanying foreign delegations:

4.3.1.Delegation-receiving agencies or the Information-Press Department shall send written opinions to Professional Techniques Department I and the Radio Frequency Department within 5 working days after receiving complete and valid dossiers.

4.3.2. Professional Techniques Department I shall send written opinions to host agencies or the Information-Press Department and the Radio Frequency Department within 5 working days after receiving complete dossiers.

Where it is necessary to have more time for consideration, upon the expiration of the above-said time limit, Professional Techniques Department I shall send written notices on the extended duration for consideration (which, however, must not exceed 10 working days) to host agencies or the Information-Press Department and the Radio Frequency Department.

4.3.3. After receiving complete, valid and accurate dossiers, within 5 working days after receiving written notices from Professional Techniques Department I, the Radio Frequency Department shall calculate and allocate frequencies, grant radio frequency- and transmitter-use licenses (for satellite communication stations), send such licenses to foreign correspondents accompanying foreign delegations and, at the same time, notify the results thereof to host agencies or the Information-Press Department and Professional Techniques Department I.

4.3.4. In case of urgency, dossiers of application for satellite communication station-use licenses may be considered together with dossiers of delegations accompanied by correspondents.

5.  Duration of licenses

5.1. The maximum duration of licenses granted to foreign representative missions shall be 5 years, for satellite communication stations for which coordination of international frequencies has been completed.

5.2. The duration of licenses granted to foreign delegations and accompanying correspondents shall be based on the delegations' working duration in Vietnam.

6. Supplementation of dossiers

Where dossiers are incomplete or inaccurate or need clarification of their contents:

Within 3 working days after receiving dossiers (for the subjects defined at Points 2.1 and 2.3 of Section I), or one working day (for the subjects defined at Point 2.2, Section I of this Circular), the Radio Frequency Department shall request in writing and guide the above-said subjects to complete the dossiers.

The consideration and allocation of frequencies shall be made only after complete, valid and accurate dossiers are received by the Radio Frequency Department.

7. Extension of licenses

Procedures for extension of licenses shall apply only to foreign representative missions.

Thirty days before the expiration of their licenses, if wishing to continue using them (without amending or supplementing their contents), foreign representative missions must make applications for the extension of licenses (according to a set form), sealed by a competent agency and signed by a competent person with his/her full name.

7.1. The Protocol Department shall send written opinions to Professional Techniques Department I and the Radio Frequency Department within 5 working days after receiving complete and valid dossiers.

7.2. The Radio Frequency shall consider the extension of licenses and send the extended licenses to foreign representative missions within 6 working days after receiving complete dossiers and, at the same time, notify the results thereof to the Protocol Department and Professional Techniques Department I.

8. Amendment and supplementation of licenses

Within the effective duration of their licenses, if the subjects defined at Point 2, Section I of this Circular wish to amend or supplement their licenses' contents, they must make dossiers of application for re-grant of licenses. Such a dossier shall comprise:

8.1. An application for amendment or supplemen­tation of the license's contents (made according to a set form), sealed by a competent agency and signed by a competent person with his/her full name.

8.2. A declaration on to be-amended or - supplemented contents.

8.3. Other documents related to the to be-amended or -supplemented contents.

The process and time limit for amendment or supplementation of licenses shall comply with the provisions of Point 4, Section II of this Circular.

9. Refusal to grant, extend, amend or supplement licenses

In case of refusal to grant, extend, amend or supplement licenses, the Radio Frequency Department shall send notices clearly stating the reasons therefor to Professional Techniques Department I, the Protocol Department, delegation-receiving agencies or the Information-Press Department within 20 working days after receiving documents from the Protocol Department, host agencies or the Information-Press Department.

The Protocol Department, host agencies or the Information-Press Department shall reply on the refusal to the concerned subjects defined at Points 2.1 and 2.3, Section I of this Circular within 3 working days after receiving written notices from the Radio Frequency Department.

10. Licensing charges and fees and radio frequency use charges

The subjects defined at Point 2, Section I of this Circular, when being granted satellite communication station use licenses, must pay licensing fees and radio frequency use charges at rates set by the Ministry of Finance (currently according to Decision No. 22/2005/QD-BTC of April, 2005).

11. Withdrawal of licenses

Radio frequency and equipment use licenses (for satellite communication stations), when effective, shall be withdrawn in the following cases where:

11.1. Past 6 months after being licensed, foreign representative missions still fail to actually implement the provisions of the licenses.

11.2. The subjects defined at Points 2.1, 2.3 and 2.4, Section I of this Circular send written notices on discontinued use of satellite communication stations to the Ministry of Foreign Affairs.

11.3. The subjects defined at Points 2.1, 2.3 and 2.4, Section I of this Circular, which use satellite communication stations, break the licensing conditions set at Point 1, Section II of this Circular, use stations for improper purposes or violate the provisions of Vietnamese law.

11.4. Vietnam-based offices of diplomatic missions are closed (under notices of the Ministry of Foreign Affairs).

The Ministry Post and Telematics shall issue decisions on the withdrawal of licenses, clearly stating the reasons therefor, and send such decisions to the Ministry of Foreign Affairs or host agencies and the Ministry of Public Security.

The Ministry of Foreign Affairs or host agencies shall notify the withdrawal of licenses to the subjects defined at Points 2.1, 2.3 and 2.4, Section I of this Circular.

12. Responsibilities of subjects that are granted satellite communication station-use licenses

The subjects defined at Point 2, Section I of this Circular shall, when being granted satellite communication station-use licenses, have the responsibilities to:

12.1. Observe the provisions of Vietnamese law on installation and use of frequencies and satellite communication equipment.

12.2. Use stations for the official-duty communication purpose, not for business or other purposes.

12.3. State correctly, accurately and fully technical and operation parameters in their declarations (made according to a form set by the Ministry of Post and Telematics).

12.4. Install and exploit satellite communication stations only after being granted radio frequency- and transmitter-use licenses (for satellite communication stations).

12.5. Operate stations strictly according to conditions set in licenses, especially conditions on frequencies, frequency band occupancy, capacity and locations of installation, and other conditions.

12.6. Cause no harmful interference to other radio stations.

12.7. Be subject to inspection and control by agencies in charge of state management of telecommunications and radio frequencies.

12.8. Create conditions for state management agencies to inspect and control frequencies and handle harmful interference.

III. INSPECTION, CONTROL, AND HANDLING OF HARMFUL INTERFERENCE

1. Inspection and control of radio frequencies

1.1. The subjects defined at Point 2, Section I of this Circular shall, when using frequencies or satellite communication stations in the Vietnamese territory, be subject to inspection and control of radio frequencies and transmitters by the Radio Frequency Department.

1.2. Technical parameters at locations of satellite communication stations shall be measured and tested in case of handling of harmful interference or detecting violations of the provisions of law on radio frequencies.

The Radio Frequency Department shall notify the time and places of measurement and test at locations of satellite communication stations of foreign representative missions to the Protocol Department so that the latter can carry out diplomatic procedures and create conditions for concerned agencies to complete inspection and control of radio frequencies.

2. Handling of harmful interference

2.1. In the course of exploiting and using satellite communication stations, the subjects defined at Point 2, Section I of this Circular shall have the following rights and responsibilities:

2.1.1. Where harmful interference is caused, to send "harmful interference reports," made according to a set form, to the Radio Frequency Department and follow the guidance on identification of interference-causing sources and measures to handle harmful interference.

2.1.2. If harmful interference is caused, to cease operation and take necessary measures to eliminate interference before re-operation.

2.1.3. To coordinate with the Radio Frequency Department in, and create favorable conditions for, quickly and accurately detecting interference sources and effectively handling interference in harmful interference-hit areas.

2.2. The handling of harmful interference shall comply with the principles specified in Clause 2, Article 30 of Decree No. 24/2004/ND-CP.

2.3. In case of necessity, the Radio Frequency Department shall assume the prime responsibility for, and coordinate with concerned agencies in, setting up an inter-branch inspection team to handle harmful interference.

The Protocol Department shall carry out diplomatic procedures when it is necessary to measure and handle interference in locations of satellite communication stations of foreign representative missions.

IV. ORGANIZATION OF IMPLEMENTATION

This Circular takes effect 15 days after its publication in "CONG BAO."

Concerned agencies Under the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Post and Telematic shall have to join in implementing, and guiding subjects defined at Point 2 of Section I to implement, this Circular.