Decision 69/2001/QĐ-BTC

DECISION No DECISION No. 69/2001/QD-BTC OF JULY 6, 2001 ISSUING THE FEE RATES FOR THE GRANTING OF PERMITS FOR USE OF RADIO FREQUENCY TRANSMITTERS AND THE CHARGE RATES FOR USE OF RADIO FREQUENCIES THE MINISTER OF FINANCE Pursuant to the Government�s Decree No. 15/CP of March 2, 1993 on the tasks, powers and management responsibilities of the ministries and ministerial-level agencies; Pursuant to the Government�s Decree No. 178/CP of October 28, 1994 on the tasks, powers and organizational structure of the Ministry of Finance; Pursuant to the Government�s Decree No. 109/1997/ND-CP of November 12, 1997 on Post and Telecommunications; Pursuant to the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget; After consulting with the General Department of Post and Telecommunications and at the proposal of the General Director of Tax, DECIDES: Article 1.- To issue together with this Decision the Table of fee rates for the granting of permits for use of radio frequency transmitters and of charge rates for use of radio frequencies (hereinafter collectively referred to as radio frequency charges and fees). Radio frequency charges and fees shall be collected in Vietnam dong. Where a rate is set in US dollar (USD), it shall be converted into Vietnam dong at the average transaction rate on the inter-bank foreign exchange market announced by the State Bank of Vietnam at the time of charge or fee collection; if foreign organizations or individuals wish to pay charges or fees in a foreign currency, they can pay them in US dollar at the prescribed rates. Article 2.- Payers of radio frequency charges and fees at the rates prescribed in Article 1 of this Decision are organizations and individuals that are granted by competent State bodies permits for use of radio frequency transmitters or use of radio frequencies according to law provisions. Article 3.- The following cases shall be exempt from payment of radio frequency charges or fees: 1. Radio frequency charges and fees shall be temporarily not collected from foreign diplomatic missions and consulates in Vietnam, international and foreign organizations enjoying diplomatic privileges and immunities. 2. The charge for radio frequency use shall be exempt for: a/ Radio transmitting stations in direct service of security and defense. b/ For the durations when radio transmitting stations serve the prevention and fight of natural calamities, floods and typhoons and in other emergency cases; c/ Radio transmitting stations owned by charity organizations in service of humanitarian activities; d/ Radio transmitting stations belonging to the special system in direct service of the direction of the Party Central Committee and the Government; e/ Emergency and rescue frequencies used by radio transmitting stations. 3. For radio and television stations of provinces (including radio and television stations of districts and communes of these provinces), a radio frequency use charge equal to 30% of the prescribed charge shall be collected (excluding Vietnam Radio Station; Vietnam Television Station; radio and television stations of the provinces and centrally-run cities, which shall have to pay the charges and fees in full at the prescribed rates). Article 4.- The Radio Frequency Bureau under the General Department of Post and Telecommunications shall organize the collection of radio frequency charges and fees (hereinafter called charge- and fee-collecting agencies) and may deduct 90% (ninety percent) of the total amount of actually collected radio frequency charges and fees for spending on the State management over radio frequencies and the charge and fee collection according to the prescribed regime and remit the rest into the State budget. The charge- and fee-collecting agencies shall have to organize the collection, remittance, management of the use, and final settlement, of radio frequency charges and fees with the direct managing tax offices according to the provisions of Circular No. 54/1999/TT-BTC of May 10, 1999 and Circular No. 21/2001/TT-BTC of April 3, 2001 of the Ministry of Finance amending some contents of Circular No. 54/1999/TT-BTC of May 10, 1999 guiding the implementation of the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget. Article 5.- The local tax offices that collect radio frequency charges and fees shall have to issue receipts for charge and fee payments, guide and supervise the collection of radio frequency charges and fees according to the provisions of this Decision and Circular No. 54/1999/TT-BTC of May 10,1999, Circular No. 21/2001/TT-BTC of April 3, 2001 of the Ministry of Finance guiding the implementation of the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget. Article 6.- This Decision takes effect 15 days after its signing. All regulations on radio frequency charges and fees contrary to this Decision are hereby annulled. Article 7.- Organizations and individuals liable to pay radio and frequency charges and fees, units assigned to organize the collection of radio frequency charges and fees and concerned bodies shall have to implement this Decision. For the Minister of Finance Vice Minister VU VAN NINH TABLE OF RADIO FREQUENCY CHARGE AND FEE RATES (Issued together with Decision No. 69/2001/QD-BTC of July 6, 2001 of the Minister of Finance) PERMIT-GRANTING FEES Ordinal number Description Fee per granting Domestic organizations and individuals (VND 1,000) Foreign organizations and individuals and overseas Vietnamese (USD) I Granting of new permits: 1 Transmitters of different operations (except Points from 2 to 12) (1) : 0.05 w < P � 1 w 50 7 1 w < P � 5 w 200 30 5 w < P � 15 w 360 50 15 w < P � 150 w 600 90 150 w < P � 500 w 720 110 P > 500 w 950 150 2 MMDS transmitters (1) 400 70 3 Amateur radio transmitters (1) 240 35 4 Subscribed cordless telephones of extended type (2) : 1 w < P � 5 w 50 7 5 w < P � 15 w 100 15 P > 15 w 150 22 5 Land satellite stations (1) : P � 5 w 200 30 5 w < P � 50 w 360 50 50 w < P � 500 w 1,200 170 500 w < P � 1,000 w 2,000 330 P > 1,000 w 2,500 430 6 Remote-control, warning systems, and similar types (3) : 0.05 w < P � 0.5 w 50 7 P > 0.5 w 500 70 7 Mobile communication via satellite (4) : - Systems 10,000 1,500 - Individual phones 100 10 8 Systems of cell-structure public communication networks, fixed wireless telephone networks, mobile communication trunk networks and similar types (5) 3,000 430 9 Radio and television stations (1) : P � 100 w 300 45 100w < P � 300 w 500 70 300w < P � 500 w 700 100 500w < P � 1,000 w 900 130 1,000w < P � 5,000 w 1,000 150 5,000w < P � 20,000 w 1,100 170 P> 20,000w 1,200 200 10 Sea-going ship and aircraft radios (6) 500 80 11 Radios installed on fishery means (6) 50 7 II Frequency trial and booking permits 1 MMDS; radio and television; truck mobile; satellite communication stations; public paging; cell-structure network communication and similar types Equal to the corresponding charge for granting of new permits 2 Other services 300 45 III Extension of permits Equal to 20% of the corresponding fee level for granting of new permits IV Re-granting of permits (if the content amendment and/or supplement has been prescribed in permits): 1 Frequency is not re-calculated Equal to 20% of the corresponding fee level for granting of new permits 2 Frequency is re-calculated Equal to the corresponding fee level for granting of new permits B. FREQUENCY USE CHARGES Ordinal number Description Charge for 12 months Domestic organizations and individuals (VND 1,000) Foreign organizations and individuals and overseas Vietnamese (USD) I Fixed operations (calculated per transmitting frequency designated on one transmitter, calculated according to the band and occupied bandwidth) (7) : 1 For frequencies < 30 MHz 800 130 2 For frequencies of 30 MHz and higher, including point-to-point MMDS: - The band between 30 MHz and 500 MHz: with the occupied bandwidth of 1-18 KHz 800 120 > 18-36KHz 1,200 170 > 36-200 KHz 1,800 260 > 200-500 KHz 3,000 430 > 500-2,000 KHz 5,400 770 - The band between over 500 MHz and 1,000 MHz: with the occupied bandwidth of 1-18 KHz 700 100 > 18-36 KHz 1,000 150 > 36-200 KHz 1,600 230 > 200-500 KHz 2,800 400 > 500-2,000 KHz 5,200 740 - The band between over 1 GHz and 3 GHz: with the occupied bandwidth of 1-36 KHz 850 125 > 36-200 KHz 1,000 150 > 200-500 KHz 1,200 170 > 500-2,000 KHz 1,400 200 > 2,00-7,000 KHz 1,600 230 > 7,000-14,000 KHz 2,200 320 > 14,000 KHz 3,400 490 - The band between over 3 GHz and 8.5 GHz: with the occupied bandwidth of 1-36 KHz 600 90 > 36-200 KHz 850 125 > 200-500 KHz 1,000 150 > 500-2,000 KHz 1,100 160 >2,000-7,000 KHz 1,300 190 > 7,000-14,000 KHz 1,500 220 > 14,000-28,000 KHz 2,000 290 > 28,000 KHz 2,700 390 - The band between over 8.5 GHz and 15.35 GHz: with the occupied bandwidth � 2,000 KHz 900 130 > 2,000-7,000 KHz 1,100 160 > 7,000-14,000 KHz 1,300 190 > 14,000 - 28,000 KHz 1,800 260 > 28,000 KHz 2,500 360 - The band between over 15.35 GHz and 23.6 GHz: with the occupied bandwidth � 2,000 KHz 800 120 >2,000-7,000 KHz 900 130 > 7,000-14,000 KHz 1,100 160 > 14,000 - 28,000 KHz 1,600 230 > 28,000 KHz 2,300 330 - The band over 23.6 GHz: with the occupied bandwidth � 2,000 KHz 700 100 >2,000-7,000 KHz 800 120 > 7,000-14,000 KHz 900 130 > 14,000 - 28,000 KHz 1,400 200 > 28,000 KHz 2,100 300 - Point-to-point MMDS with working frequency within the band from 1 GHz to 3 GHz in Hanoi, Ho Chi Minh City and provinces adjacent thereto. Equal to 120% of the corresponding charge 3 Point-to-multiple points MMDS: a/ For main stations: - The band � 1 GHz: with the occupied bandwidth of 1-36 KHz 3,000 430 > 36-200 KHz 4,800 690 > 200 KHz 8,400 1,200 - The band over 1 GHz: with the occupied bandwidth of 1-36 KHz 2,600 370 > 36-200 KHz 3,000 430 > 200-500 KHz 3,600 520 > 500-2,000 KHz 4,200 600 >2,000-7,000 KHz 4,800 690 > 7,000-14,000 KHz 6,600 950 > 14,000 KHz 10,000 1,500 b/ For end-terminal stations: Equal to point-to-point MMDS 4 Spectrum-wide MMDS: calculated like for MMDS at Points 2 and 3, this Section with the same transmission speed and regulating mode. II MMDS television (calculated per unit being a province or centrally-run city): 1 Television: - Ho Chi Minh City 20,000/channel - Hanoi 18,000/channel - Other provinces and cities 10,000/channel 2 Television broadcast together with additional data Equal to 140% of the corresponding charge III Mobile television MMDS: Equal to the point-to-multiple point MMDS main stations IV Exclusive-use coast stations of mobile maritime operations and land stations for mobile aeronautical operations Equal to fixed operations V Coast stations, marine public telecommunication stations (calculated per transmitting frequency designated for one transmitter) (8) 2,500 400 VI Radars (except for radars put on sea-going ships, aircraft and fishery means): Equal to MMDS VII Subscribed cordless phones of extended type (calculated per transmitting frequency designated for one transmitter): 1w < P � 5w 50 7 5w < P � 15w 150 25 P > 15w 250 36 VIII Remote-controlled system, warning and similar types (calculated for each transmitting frequency designated for the operating scope): - Larger than one province or centrally-run city 10,000 1,500 - One province or centrally-run city 5,000 720 - One urban district, rural district, town or equivalent administrative unit. 1,000 150 - One ward, commune or equivalent administrative unit 500 70 - One housing block. 200 30 IX Sea-going ship radios (calculated per radio): 1 For cargo ships, exclusive-use ships: a/ Ships with total tonnage of over 1,000 tons: - Sea going without restriction. 4,500 720 - Sea going with I or II restriction 3,000 570 - Sea going with III restriction. 2,500 500 b/ Ships with total tonnage of over 300 tons to 1,000 tons: - Sea going without restriction. 3,500 570 - Sea going with I or II restriction 2,500 430 - Sea going with III restriction, along Vietnam�s coastline, China�s southern ports. 2,000 360 - River going 1,500 290 c/ Ships with total tonnage of over 150 tons to 300 tons: 1,200 260 d/ Ships with total tonnage of 150 tons at most and other kinds of ship encouraged to use radio communication. 1,000 170 2 For passenger ships: - With less than 50 seats 1,200 170 - With 50 to 100 seats 1,800 260 - More than 100 seats 2,000 290 X Radios installed on fishery means: - With total tonnage of under 50 tons. 50 7 - With total tonnage of from 50 tons to 100 tons 200 30 - With total tonnage of over 100 tons 500 72 XI Aircraft radios (per radio): 1 For passenger aircraft: - With less than 38 seats 2,400 420 - With from 38 to 100 seats 3,800 620 - With more than 100 seats 4,200 720 2 For cargo aircraft: - With tonnage of under 20 tons 2,400 420 - With tonnage between 20 and 80 tons 3,800 620 - With tonnage of over 80 tons 4,200 720 3 For aircraft flying on non-fixed routes (OR) 2,000 290 XII Mobile communication and cell-structure network communication systems (9) : 1 Communication systems using the transmitting band of the original stations: (864-894) MHz, (935-960) MHz, (1,805-1,850) MHz, (1,885-2,025) MHz and (2,110-2,200) MHz (calculated per unit being province or centrally-run city) (10) - Ho Chi Minh City 300,000/1 MHz 42,900 - Hanoi 260,000/1 MHz 37,200 - Da Nang, Hai Phong, Can Tho, Ba Ria-Vung Tau, Dong Nai. 130,000/1 MHz 18,600 - Khanh Hoa, Quang Ninh, Binh Duong, Thua Thien - Hue, Lam Dong. 50,000/1 MHz 7,200 - Other provinces 20,000/1 MHz 2,900 2 Public paging (calculated per designated transmitting frequency and per unit being a province or centrally-run city): - Ho Chi Minh City 18,000 2,600 - Hanoi 15,000 2,200 - Da Nang, Hai Phong, Can Tho, Ba Ria-Vung Tau, Dong Nai. 12,000 1,800 - Other provinces 9,000 1,300 3 Exclusive-use paging (calculated per transmitting frequency designated for one transmitter and according to the operating range): - Larger than one province or centrally-run city 10,000 1,500 - One province or centrally-run city 5,000 720 - One urban district, rural district, town or equivalent administrative unit. 2,000 290 - One ward, commune or equivalent administrative unit 500 70 4 Public multi-access wireless telephones (TDMA/TDD) and similar types (calculated per MHz of the allocated brand and per unit being province or centrally-run city): - Ho Chi Minh City 130,000 21,500 - Hanoi 110,000 18,600 - Da Nang, Hai Phong, Can Tho, Ba Ria-Vung Tau, Dong Nai. 60,000 9,300 - Khanh Hoa, Quang Ninh, Binh Duong, Thua Thien - Hue, Lam Dong. 20,000 3,600 - Other provinces 6,500 1,200 - Exclusive-use networks in a housing block (calculated per MHz of the allocated band). 2,000 290 5 Trunk mobile communication (11) : - Ho Chi Minh City 1,500/channel 220 - Hanoi 1,000/channel 150 - Da Nang, Hai Phong, Can Tho, Ba Ria-Vung Tau, Dong Nai. 800/channel 120 - Khanh Hoa, Quang Ninh, Binh Duong, Thua Thien - Hue, Lam Dong. 300/channel 45 - Other provinces 100/channel 15 6 Mobile communication via satellite (4) : - System (calculated per MHz of the allocated band) 15,000 2,200 - Individual phones 240 36 7 Exclusive-use mobile communication systems: - Central transmitters Equal to fixed operations - Mobile transmitters (calculated per transmitting frequency designated for one transmitter) 250 40 XIII Radio and television stations: 1 Radio stations: a/ Radio: - Central stations 1,500/channel - Stations of provinces and centrally-run cities 1,200/channel - Other provincial/municipal stations 700/channel - Stations of districts or towns 500/channel - Stations managed by wards or communes 300/channel - Exclusive-use stations of agencies and enterprises outside the radio and television sector 600/channel 120 b/ Radio broadcast together with additional data Equal to 140% of the charges for similar types 2 Television stations: a/ Television: - Central stations 7,500/channel - Stations of provinces and centrally-run cities 4,000/channel - Other provincial/municipal stations 3,000 channel - Stations of districts or towns 2,000/channel - Stations managed by wards or communes 1,000/channel - Exclusive-use stations of agencies and enterprises outside the radio and television sector 1,200/channel 290 b/ Television broadcasting together with additional data Equal to 150% of the charges for similar types XIV Land satellite stations (12) : 1 A-category stations 800 120 - A-category stations for receiving only 500 70 2 B-category stations 1,000 200 - B-category stations for receiving only 600 90 3 C-category stations 2,000 290 - C-category stations for receiving only 1,000 150 4 D-category stations 5,000 720 - D-category stations for receiving only 1,000 150 5 E-category stations 30,000 4,500 - E-category stations for receiving only 30,000 4,500 6 F-category stations 60,000 9,000 - F-category stations for receiving only 60,000 9,000 XV Amateur radio operations (calculated per permitted band) 240/band 36 XVI Charge for experimental use of a frequency and frequency channel (for maximum duration of three months, not applicable to cases where booking charges have been paid): - Up to one month Equal to 10% of the corresponding annual frequency use charges - Over one month to three months Equal to 30% of the corresponding annual frequency use charges XVII Charge for experimental use of the technical properties of the system for the permitted band, including land satellite stations of categories D, E and F (the maximum duration is 12 months and not applicable to cases where booking charges have been paid): - Up to three months Equal to 3% of the corresponding annual frequency use charges - Over three months to six months Equal to 6% of the corresponding annual frequency use charges - Over six months to 12 months Equal to 10% of the corresponding annual frequency use charges Note: Past the time limits specified in Sections XVI and XVII, charges shall be equal to corresponding frequency use charges XVIII Frequency-booking charge (frequency channel): 1 MMDS: - For networks consisting of less than five lines or individual lines (the maximum duration is 6 months). Equal to 20% of the corresponding annual frequency use charges - For networks consisting of more than five lines (the maximum duration is one year) Equal to 20% of the corresponding annual frequency use charges 2 Paging, trunk mobile, radio and television (the maximum duration is 24 months): - Up to three months Equal to 2% of the corresponding annual frequency use charges - Over three months to six months Equal to 4% of the corresponding annual frequency use charges - Over six months to 12 months Equal to 7% of the corresponding annual frequency use charges - Over 12 months to 24 months Equal to 20% of the corresponding annual frequency use charges 3 Other services (the maximum duration is six months) Equal to 20% of the corresponding annual frequency use charges XIX Frequency-booking charge, including land satellite stations of D, E and F categories (the maximum duration is 36 months): - Up to six months Equal to 2% of the corresponding annual frequency use charges - Over six months to 12 months Equal to 5% of the corresponding annual frequency use charges - Over 12 months to 24 months Equal to 20% of the corresponding annual frequency use charges - Over 24 months to 36 months Equal to 60% of the corresponding annual frequency use charges Note: Past the time limits specified in Sections XVIII and XIX, charges shall be equal to corresponding use frequency charges XX Charge for inspection of the installation of radio transmitting and receiving equipment per radio transmitter/transmitter-receiver: - Radio and television broadcasting, satellite communication 400 80 - Cell-structure communication networks; trunk mobile; MMDS; aircraft radios, sea-ship radios 200 40 - Other kinds 50 10 Notes: 1. For equipment operating on two or more bands with different frequency use charge rates, the frequency use charge for such equipment in the used entire band section shall be calculated at the rate applicable to the more frequently used band. 2. For equipment operating on the bands not for the right operations according to the planning, before the end of the duration of temporary operation, they must shift from currently-used bands to the planned bands, the frequency use charge for such equipment shall be calculated like for the operation with the highest rate. 3. For foreign-invested units, charges shall be collected in proportion to the capital contribution percentages of the involved parties. 4. Some codes in the Table of charge and fee rates are understood as follows: (1): Permit-granting fees are calculated for each radio transmitting or transmitting-receiving device. (2): Permit-granting fees are calculated according to the transmitting capacity of the parent transmitter for a set consisting of a parent transmitter and affiliate transmitters. (3): Permit-granting fees are calculated according to the largest transmitting capacity for a system. (4): Permit-granting fees and frequency use charges are calculated for the service providers or operators in Vietnam; where there are no service providers or operators in Vietnam, permit-granting fees and frequency use charges shall be collected from users of individual phones. (5): Permit-granting fees are calculated for service providers or operators in each province or centrally-run city. (6): Permit-granting fees are calculated per ship or fishery means. (7): The occupied bandwidth is calculated on the basis of the parameters of the transmitter granted the permit or inscribed in the permit. (8): The frequency use charge rate of VND 3,000,000/frequency applies only to frequencies in service of public marine information. For other frequencies, the frequency use charge rates are equal to those applicable to the corresponding types. (9): Frequency charges are calculated for operators in each province or centrally-run city in the allocated bands. (10) Frequency charges for the mobile communication systems used in the band 2,500-2,690 MHz are calculated as at Point 1, Section XII. (11): Trunk mobile communications: - For those types of permit granted according to bands, the frequency use charges are calculated for each MHz of the allocated band (as a rule, one channel is equivalent to 25 KHz) and according to the unit being a province or centrally-run city. - For those types of permit granted according to channels, the frequency use charges are calculated for each frequency channel according to the unit being a province or centrally-run city. (12): Land satellite stations: - Category-A stations are stations capable of transmitting not more than one dialogue channel or having a data-transmitting speed of not more than 16 Kbps. - Category-B stations are stations capable of transmitting not more than one dialogue channel or having a data-transmitting speed of not more than 32 Kbps. - Category-C stations are stations capable of transmitting not more than one dialogue channel or having a data-transmitting speed of not more than 64 Kbps. - Category-D stations are stations capable of transmitting not more than 12 dialogue channels or having a data-transmitting speed of not more than 12 x 64 Kbps. - Category-E stations are stations capable of transmitting not more than 12 dialogue channels (or having a data-transmitting speed of not more than 12 x 64 Kbps) and of using no more than one via-satellite transmitting device. - Category-F stations are stations capable of using one or more via-satellite transmitting device.-