Ha Noi, October 23, 2009

DECISION

On National Frequency Allocation Table

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated on December 25, 2001;

Pursuant to the Ordinance on Post and Telecommunications dated on May 25, 2002;

Pursuant to the Decree 24/2004/ND-CP dated on January 14, 2004 of the Government particularly defining the implementation of some articles of Ordinance on Post and Telecommunications regarding radio frequency;

Upon the proposal of the Minister of Information and Communications,

DECIDES:

Article 1. To promulgate enclosed with this decision the National Frequency Allocation Table in order to regulate the allocation of radio frequency spectrum into bands for radiocommunication services and purposes of using, operational requirements in each band.

Article 2. Application object

National Frequency Allocation Table applied to organizations, individuals participating in the management, and use of radio frequency; organizations, individuals manufacturing, trading, importing radio apparatus, applied radio frequency equipment to use them in Viet Nam.

Article 3. Responsibilities of Ministries, ministerial-level agencies, The People's Committees of provinces and cities under Central Government

1. Based on National Frequency Allocation Table, Ministry of Information and Communications must have the following responsibilities:
1. To promulgate the plans of radio frequency band ; detailed regulations of managing, operation and using radio frequency within their power;
2. To preside and coordinate with the Ministry of  National Defense and the Ministry of Public Security to build methods of allotment for National defense and security purposes to submit to the Prime Minister for approval;
3. To organize and guide the implementation of National Frequency Allocation Table, the plans of radio frequency band and regulations in point  a) of this item .
2. The Ministry of National Defense and the Ministry of Public Security within their scope of duties and powers are responsible for managing and utilizing frequency bands which are allotted for national defense, security purposes according to the economical principle, right purpose and comply with National Frequency Allocation Table.
   3. Ministries, ministerial-level agencies within their scope of duties and powers take responsibility for coordinating with Ministry of Information and Communications to ensure that regulations, the plans of frequency band  and the plan of eco–society development, public security, national defense related to using radio frequency correspond with the National Frequency Allocation Table and the plans of radio frequency which are defined in point (a),  item 1 of this Article
   4. The People's Committees of provinces and cities under Central Government within their scope of duties and powers take responsibility for coordinating with Ministry of Information and Communications to guide and supervise the implementation of the National Frequency Allocation Tableand the plans of radio frequency band which are defined in point a, item 1 of this Article within the localities as assigned.

Article 4. Responsibilities of organizations, individuals using radio frequency:

Organizations and individuals who use radio frequencies must have the following responsibilities:

1.   To use  right purposes, professional radio services, and meeting requirements for using bands defined in National Frequency Allocation Table and the other regulations on radio frequency.

2. To modify their radio apparatus in order to comply with this National Frequency Allocation Table . The modifications are  implemented according to the current regulations and the guidelines of Ministry of Information and Communications.

Article 5. Responsibilities of organizations, individuals manufacturing, trading, importing radio apparatus, applied radio frequency equipment:

Organizations, individuals who manufacture, trade, import radio apparatus, applied radio frequency equipment to use them in Viet Nam (apart from the fact that the equipment which is temporarily imported, reproduced; equipment are used to introduce technology in exhibitions, fairs) shall be responsible for ensuring that radio apparatus, and applied radio frequency equipment have activated bands and other technological features which are suitable with professional radio services and conditions of use regulated in National Frequency Allocation Table and other regulations on radio frequency.

Article 6. Implementing provision

1. This Decision takes effect on December 15, 2009 and replaces Decision No. 336/2005/QD-TTg dated on December 16, 2005 by the Prime Minister.
2. Ministers, heads of ministerial-level agencies, heads of agencies directly under Government, chairperson of the People's Committees  of  provinces and cities  directly under Central Government shall be responsible for implementing this Decision./.