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Decision No. 16/2012/QD-TTg dated March 08, 2012 of the Prime Minister stipulating the auction and transfer of the right to use radio frequency
10/10/2012
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THE PRIME MINISTER
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 16/2012/QD-TTg

Hanoi, March 08, 2012

 

DECISION

STIPULATING THE AUCTION AND TRANSFER OF THE RIGHT TO USE RADIO FREQUENCY

 

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

Pursuant to the November 23, 2009 Law on Radio Frequency;

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to Decree No. 17/2010/ND-CP of March 4, 2010, on property auction;

At the proposal of the Minister of Information and Communications;

The Prime Minister issues the Regulation on auction and transfer of the right to use radio frequency,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides the auction of the right to use radio frequency and the transfer of the right to use radio frequency acquired through auction.

Article 2. Interpretation of terms

In this Decision, the following terms and phrases are construed as follows:

1. Auction of the right to use radio frequency (below referred to as auction) means the identification of enterprises entitled to use bands and frequency channels through assessment based on minimum requirements and highest bids of enterprises. Enterprises meeting minimum requirements and offer the highest bids are auction winners.

2. Bidding dossier means a collection of documents serving an auction approved by the Minister of Information and Communications as the basis for enterprises to compile bid dossiers and participate in an auction.

3. Bid dossier means documents prepared by an enterprise participating in an auction and submitted to the auction council according to requirements stated in the bidding dossier.

4. Minimum requirements arc requirements stated in the bidding dossier for enterprises participating in an auction, including requirements on legal status, financial and investment capacity, technical and operational capacity and human resources of enterprises.

5. Commitment document means a document in the bid dossier signed and sealed by the at-law representative of an enterprise which states the enterprise’s commitment to satisfying minimum requirements and complying with forms and levels of fine when failing to satisfying minimum requirements after being granted a telecommunications license or radio frequency use license.

6. Auction-winning amount is the sum of money payable by the auction winner for having the right to use a band block or frequency channel it wins at an auction.

7. Transfer of the right to use radio frequency means mat an enterprise transfers to another enterprise the whole of the right to use band or frequency channel according to the telecommunications license or radio frequency use license which it wins at an auction....

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