The instruction for enterprises to pay fees for granting the rights to use radio frequencies

Published on 04 - 10 - 2021
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On 01/10/2021, the Government issued the Decree No. 88/2021/ND-CP stipulating the collection of fees for granting the rights to use radio frequencies, auctioning, licensing and transferring the rights to use radio frequencies for the band.

According to the Decree, the fee for the case of the band granted through the auction of the rights to use radio frequencies is the auction winning amount.

Regarding the method of collecting fees for granting the rights to use radio frequencies: The Ministry of Information and Communications organizes the collection of fees for granting the rights to use radio frequencies and remits it to the state budget.

In case of license renewal, at least 06 months before the license expires, the Ministry of Information and Communications shall notify in writing the amount of money for granting the rights to use radio frequencies to be paid, the deadline for payment and the method of payment to the enterprise before carrying out the procedures for renewing the license in accordance with the law on radio frequencies. At least 60 days before the expiration of the license's validity period, the enterprise must pay once the entire amount for granting the rights to use radio frequencies for the period of application for the extension of the license to use the band.

For the case of auction of the rights to use radio frequencies, the Ministry of Information and Communications shall notify in writing the amount of money for granting the rights to use radio frequencies to be paid, the deadline for payment and the payment method for the enterprise to pay for granting the rights to use radio frequencies. Within 04 months from the date of notification, the enterprise must pay once the entire amount for granting the rights to use radio frequencies, unless otherwise specified.

In case of auction of bands for the development and application of technology to effectively use the radio frequency spectrum, which is prioritized and encouraged under the Prime Minister's decision on the basis of the proposal of the Minister of Information and Communications, the enterprise shall pay fees for granting the rights to use radio frequencies according to the following provisions:

Within 03 months from the date of notification, the enterprise must pay 50% of the radio frequency license fee once and submit the guarantee commitment for the unpaid amount of the credit institution or foreign bank’s branch established according to the laws of Vietnam.

Within 18 months from the date of notification, the enterprise must pay another 25% of the amount for granting the rights to use radio frequencies. Within 36 months from the date of notification, the enterprise must pay 25% of the remaining amount for granting the rights to use radio frequencies.

After 02 years from the date of license, enterprises that do not deploy enough radio broadcasting stations as committed will be administratively sanctioned and have their license to use the band revoked.

This Decree takes effect from the date of signing.

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