Scenario: a logistics firm wants its own radio network for its nationwide fleet, and a local station wants FM broadcasting. Both “use airwaves” — but buying transmitters does not entitle anyone to switch them on. Radio spectrum is a national resource; use requires permission.
Who needs a frequency license?
Under the Law on Radio Frequencies 42/2009/QH12 (amended 2022), every organization or individual using radio frequencies and transmitting equipment must hold a radio frequency license, except exempt cases (short-range low-power devices on the exemption list). The principle: spectrum is a finite national resource — unlicensed transmission is prohibited and administratively punishable.
Common licensees: radio/TV broadcasters; mobile networks (plus separate spectrum-band licenses); private radio systems; satellite earth stations; maritime and aeronautical radio equipment.
Licensing: 4 steps
- Step 1 — Dossier: application form, equipment technical file (intended frequencies, power, station location), legal papers of the applicant.
- Step 2 — File with the Authority of Radio Frequency Management: the State spectrum regulator appraises feasibility (no harmful interference to licensed stations).
- Step 3 — Frequency assignment: the regulator assigns specific frequencies/channels consistent with the national frequency plan.
- Step 4 — License issuance: stating assigned frequencies, power, location, term and technical conditions.
Fees: two different payments
Spectrum users pay two charges: a one-time licensing fee (on issuance/renewal) and a recurring spectrum usage fee (annual, based on band, channel width and coverage). Rates follow the Ministry of Finance’s tariff schedules — check current instruments as tariffs are revised periodically.
Post-license duties
A license is not a blank check: transmit only on assigned frequencies, power and locations; cause no harmful interference; submit to inspections; pay fees fully and on time; and seek amendment/renewal when technical parameters change. Violations bring fines, equipment confiscation and license revocation.
Frequently asked questions
1. Do short-range radios need a frequency license?
Short-range low-power devices on the exemption list do not. Beyond that list, every transmitting device needs a frequency license.
2. What does the application dossier include?
Application form, equipment technical file (intended frequencies, power, location) and applicant legal papers. The regulator appraises interference risk before assigning specific frequencies.
3. How is the spectrum usage fee computed?
Annually, by band, channel width and coverage per Ministry of Finance tariffs — plus a one-time licensing fee on issuance/renewal.
4. How long does a frequency license last?
The term stated in each license, consistent with spectrum planning and usage purpose. Renew/re-issue at expiry; amend when technical parameters change.
5. What happens for unlicensed transmission?
Administrative violation in the spectrum field: fines, transmitter confiscation, and possible criminal liability for serious consequences (e.g., interfering with aviation).
This article has been quality-reviewed by the FLAW AI Legal Council.
