The revised Law on Radio Frequency comes into effect from today.

The Law amending and supplementing a number of articles of the Law on Radio Frequencies takes effect from July 1, 2023. The provisions on training and certification of radio operators of this Law take effect from July 2024.

The Law amending and supplementing a number of articles of the Law on Radio Frequencies is one of the laws that have been and are being amended and developed by the Ministry of Information and Communications to perfect the legal corridor serving digital transformation, developing digital government, digital economy and digital society.

Passed at the meeting on November 9, 2022, the fourth session of the 15th National Assembly, the Law will create major changes in the management and licensing of the use of radio frequencies with high commercial value such as frequencies for mobile information to promote the development of digital infrastructure and digital economy ; harmonize economic development purposes, defense and security tasks; and at the same time promote research and experimental production of new technologies...

Director of the Radio Frequency Department Le Van Tuan introduced the Law amending and supplementing a number of articles of the Radio Frequency Law at the conference on June 30.

At the conference to review the work of the first 6 months of the year and the direction and tasks for the last 6 months of 2023 of the Ministry of Information and Communications held on June 30, Mr. Le Van Tuan, Director of the Department of Radio Frequency, informed about the main points of the Law amending and supplementing a number of articles of the Law on Radio Frequency.

Specifically, according to Mr. Le Van Tuan, the three major groups of issues of the Law amending and supplementing a number of articles of the Law on Radio Frequencies include: Perfecting the frequency management mechanism from an economic perspective, especially focusing on the mobile market; supplementing the mechanism for using frequency bands for socio-economic development combined with national security and defense; supplementing the mechanism for allowing the use of frequencies outside the planning to support research and testing of new technologies.

In terms of frequency management mechanism, before 2009, this was mainly based on the technical aspect, implementing administrative licensing and fee collection. The 2009 Radio Frequency Law began to approach from the market perspective, when allowing licensing through auctions and competitions.

Although the above approach of the 2009 Law on Radio Frequencies is consistent with international practice, there are still problems in implementation. For example, the Law stipulates that frequency bands with high commercial value and demand exceeding allocation capacity must be auctioned and selected, but in reality, the concept of “high commercial value” is very difficult to quantify.

To overcome the shortcomings of the 2009 Law on Radio Frequencies, the 2022 amended Law stipulates that, for mobile frequency bands, auction is the default, and only in some special cases will there be direct competition or granting.

The new law also clearly stipulates how to handle cases where the licenses of stable network operators expire. Accordingly, if the planning and frequency allocation remain unchanged, the enterprise will be re-granted the license when it expires. “This new regulation is a very important legal basis for the Ministry of Information and Communications to allow enterprises to continue using previously licensed frequency bands, ensuring stable market operations,” said Mr. Le Van Tuan.

The 2022 amended law also clearly stipulates that licenses will be revoked if businesses violate their network deployment commitments or fail to pay sufficient fees and usage rights within 12 months.

According to the provisions of the 2022 Amendment Law, for mobile bands, auction is the default.

Providing more information on the issue of adding a mechanism to use frequency bands for economic development combined with national defense and security, Mr. Le Van Tuan said that the 2009 Law on Radio Frequencies stipulates the allocation of frequencies exclusively for national defense and security, and strictly prohibits the use of these frequencies for other purposes.

The 2022 amended law has added regulations allowing businesses serving national defense and security purposes to use mobile frequency bands for dual use, serving both national defense and security and socio-economic development. In particular, the frequency band used for national defense and security is fundamental and businesses must pay for the right to use the frequency band for the socio-economic part.

Regarding the use of unplanned frequencies to support research and development, a representative of the Radio Frequency Department explained that in reality, there have been problems in organizing research, production, and testing in the past.

Because, in research and production, there is a testing phase. New technologies often use new frequencies and bands that are not included in the planning. On the other hand, the production of equipment for export needs to be suitable for the frequency band of the importing country but may be different from the frequency band of Vietnam. The problem is how to test new technologies and products before exporting, when the 2009 Radio Frequency Law does not allow the use of frequency bands outside the planning.

To resolve the above problems, the 2022 amended Law adds regulations allowing the use of frequencies not in accordance with the planning for cases of exhibitions, measurements, research, and testing of new technologies; use in international events and international conferences.

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