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Circular 08/2021: radio frequency licence exemptions

Thiết bị vô tuyến cự ly ngắn trên bàn thử trong phòng thử nghiệm vô tuyến – access point Wi-Fi, đầu đọc và thẻ RFID, đế sạc không dây và gateway LPWAN, cùng ăng-ten đo và máy phân tích phổ theo Thông tư 08/2021/TT-BTTTT

Radio equipment is exempt from a radio frequency licence when it meets three conditions: it is listed in Appendix 1, it complies with the general conditions in Article 6, and it meets the technical and operating conditions in Appendices 2 to 20 of Circular 08/2021/TT-BTTTT (consolidated as No. 01/VBHN-BKHCN).

Circular 08/2021/TT-BTTTT sets out the list of radio equipment exempt from radio frequency licences, together with the technical and operating conditions. It was amended by Circular 01/2025/TT-BKHCN and consolidated into Consolidated Document No. 01/VBHN-BKHCN, the version currently in force for reference.

This article explains the conditions for a frequency licence exemption, the cases where a licence is still required, and worked examples for WLAN/RLAN, RFID, inductive loop devices, wireless power transfer and LPWAN. It is an explanatory reference and does not replace the legal text.

Quick summary

  • Document: Circular 08/2021/TT-BTTTT, consolidated with Circular 01/2025/TT-BKHCN as 01/VBHN-BKHCN (certified 4 June 2025).
  • Three conditions (Article 4): (a) listed in Appendix 1; (b) general conditions in Article 6; (c) technical and operating conditions in Appendices 2–20.
  • General conditions: accept harmful interference, share ISM bands, fix frequency and power settings.
  • Licence still required (Article 5): electronic tolling RFID above 500 mW ERP; higher-power LPWAN.
  • Examples: WLAN 2.4 GHz; Wi-Fi 6E 5925–6425 MHz; RFID 920–923 MHz; LF/HF inductive loops; wireless charging 315–400 kHz; LPWAN 433/920 MHz.
  • 2025 update: WLAN band 5925–6425 MHz added; wireless power transfer bands merged into 315–400 kHz.

What is Consolidated Document No. 01/VBHN-BKHCN?

It is a consolidated document certified by the Ministry of Science and Technology, bringing together the parts still in force of Circular 08/2021/TT-BTTTT (in force since 28 November 2021) and the amendments of Circular 01/2025/TT-BKHCN (in force since 15 May 2025). It contains Articles 1–8 and 20 appendices.

Structure to remember:

  • Appendix 1: the list of radio equipment exempt from frequency licences.
  • Appendix 2: general frequency and emission limit conditions covering several equipment groups.
  • Appendix 3 to Appendix 20: specific conditions per group (RFID, WLAN/RLAN, inductive loops, wireless power transfer, LPWAN, safety and rescue, and more).

In essence, the Circular grants licence-exempt spectrum use to low-power equipment with limited interference potential, provided the equipment is in the list and respects the applicable technical limits.

Three conditions for a frequency licence exemption (Article 4)

Article 4 provides that radio equipment is exempt when it meets all three conditions below. If one is missing, the equipment does not qualify for the exemption.

Point Condition Reference
a) It is in the list of licence-exempt radio equipment Appendix 1
b) It meets the general conditions of use Article 6
c) It meets the corresponding technical and operating conditions Appendices 2 – 20

Businesses should check in order: first confirm whether the product is in the list, then identify the correct appendix of technical conditions for that equipment group.

General conditions of use (Article 6)

Article 6 sets obligations that every licence-exempt device must follow. The four most important points:

  1. Accept harmful interference: except equipment used for rescue, safety and search and rescue (protected under Appendix 20), licence-exempt equipment must accept possible interference from licensed equipment. If it causes harmful interference, the operator must stop using it immediately and may resume only after the interference is resolved.
  2. Accept interference from ISM equipment in the industrial, scientific and medical bands: 13.553–13.567 MHz; 26.957–27.283 MHz; 40.66–40.70 MHz; 2400–2483.5 MHz; 5725–5875 MHz; 24000–24250 MHz.
  3. Fix frequency and power settings: for short-range devices able to operate at several power levels or in several bands, the operator must lock the frequency and power settings as required before use, production or import.
  4. Receive-only equipment: exempt from a licence, but must comply with telecom and spectrum law, and must not use the information received for unlawful purposes.

In addition, equipment with remote-control functions for model aircraft must comply with the law on flight operation permits.

When is a licence still required despite being in the list? (Article 5)

Equipment that is in the list but does not meet the corresponding technical and operating conditions may not be used in Vietnam, unless it obtains a radio frequency and radio equipment licence. Article 5 sets out the cases that may be used with a licence:

Case Threshold requiring a licence
RFID for electronic toll collection, band 920–923 MHz Transmit power above 500 mW ERP up to 2000 mW ERP
LPWAN in the 433.05–434.79 MHz band Transmit power above 25 mW ERP up to 100 mW ERP
LPWAN in the 920–923 MHz band Transmit power above 25 mW ERP up to 300 mW ERP
Radio equipment on fishing vessels Operating outside the 26.96–27.41 MHz band
Safety and rescue terminal equipment Using frequencies not covered by the Circular

The cases businesses most often overlook are LPWAN above 25 mW ERP and electronic tolling RFID above 500 mW ERP: a small increase in power moves the device out of the exemption.

Examples of exemption conditions by equipment group

The groups below are the ones most common in practice, with the technical conditions summarised from the corresponding appendix. Power limits are given as ERP (effective radiated power) or EIRP (equivalent isotropically radiated power).

Wireless local area network WLAN/RLAN (Appendix 10)

This is the Wi-Fi group. Conditions summarised by band:

Band Main emission limit Operating conditions
2400–2483.5 MHz ≤200 mW EIRP (FHSS); ≤100 mW EIRP and ≤10 mW/MHz EIRP (other modulation) Shared ISM band
5150–5250 MHz ≤200 mW EIRP and ≤10 mW/MHz EIRP Indoor or shielded environment only
5250–5350 MHz ≤200 mW EIRP and ≤10 mW/MHz (with power control); ≤100 mW EIRP and ≤5 mW/MHz (without) DFS dynamic frequency selection required
5470–5725 MHz ≤1 W EIRP and ≤50 mW/MHz (with power control); ≤500 mW EIRP and ≤25 mW/MHz (without) DFS required
5725–5850 MHz ≤1 W EIRP and ≤50 mW/MHz —
5925–6425 MHz (added 2025) ≤200 mW EIRP and power spectral density ≤10 dBm/MHz (indoor); narrowband variant up to 25 mW Not allowed on drones; 5925–5945 MHz is a guard band
57–66 GHz ≤10 W EIRP Integrated antenna, no fixed outdoor installation

Note that 5150–5250 MHz is indoor use only, while 5250–5350 MHz and 5470–5725 MHz require DFS. For 6 GHz Wi-Fi, see QCVN 136:2025/BKHCN: 6 GHz Wi-Fi equipment regulation.

Radio Frequency Identification RFID (Appendix 6)

RFID is licence-exempt in several bands, with a duty to use interference-mitigation techniques:

Band Limit Operating note
13.553–13.567 MHz ≤60 dBµA/m at 10 m Common HF band for tags and readers
433.05–434.79 MHz ≤10 mW ERP Centre frequency 433.92 MHz; use LBT, frequency hopping or duty cycle limits
920–923 MHz ≤500 mW ERP Hopping channel spacing at 20 dB attenuation is 500 kHz; use LBT / hopping / duty cycle limits

This group ties in closely with QCVN 55:2023/BTTTT on short range devices for testing.

Inductive loop devices (Appendix 15)

Inductive loop devices operate at low frequencies and are common in RFID/NFC, anti-theft gates and transport sensing. Limits are measured as magnetic field strength (dBµA/m) at 10 m:

Band Field strength limit
9–100 kHz and 100–119 kHz ≤42 dBµA/m
119–135 kHz ≤66 dBµA/m (falling 10 dB/decade above 119 kHz)
135–140 kHz ≤42 dBµA/m
140–148.5 kHz ≤37.7 dBµA/m
148.5–190 kHz ≤30 dBµA/m (medical use, duty cycle ≤10%)
3.155–3.400 MHz ≤13.5 dBµA/m
6.765–6.795 MHz ≤42 dBµA/m
10.2–11 MHz ≤9 dBµA/m
13.553–13.567 MHz ≤42 dBµA/m

Wireless power transfer WPT (Appendix 16)

Wireless charging transfers energy and signals by electromagnetic induction. Technical conditions by band:

Band Field strength limit
100–119 kHz ≤42 dBµA/m (inductive loop technology)
119–135 kHz ≤66 dBµA/m (falling 10 dB/decade above 119 kHz)
135–140 kHz ≤42 dBµA/m
140–148.5 kHz ≤37.7 dBµA/m
148.5–190 kHz ≤−15 dBµA/m (in 10 kHz bandwidth)
315–400 kHz (merged 2025) ≤−15 dBµA/m (in 10 kHz bandwidth)
1.64–1.8 MHz ≤−15 dBµA/m (in 10 kHz bandwidth)
6.765–6.795 MHz ≤42 dBµA/m

Key operating conditions: no fixed outdoor installation, no connection to an outdoor-mounted antenna, and no use on aircraft.

Low Power Wide Area Network LPWAN (Appendix 19)

LPWAN (for example LoRa technology) is licence-exempt in two bands at low power:

Band Power limit Duty cycle
433.05–434.79 MHz ≤25 mW ERP ≤10% for gateways; ≤1% for end devices
920–923 MHz ≤25 mW ERP ≤10% for gateways; ≤1% for end devices

An important scope note: LPWAN using bands already licensed under the national frequency plan — for example NB-IoT and LTE-M — is not covered by this exemption. Where LPWAN equipment is co-located with an 880–915 MHz mobile base station, spurious emissions must not exceed −98 dBm/100 kHz (or between −98 and −36 dBm/100 kHz under an agreement with the mobile operator).

What changed under Circular 01/2025/TT-BKHCN (in force 15 May 2025)

Consolidated Document 01/VBHN-BKHCN marks the amended and supplemented content clearly. Three changes stand out:

  • WLAN band 5925–6425 MHz added (Wi-Fi 6E) with indoor-only conditions, a ban on drone use and a 5925–5945 MHz guard band.
  • Wireless power transfer bands merged: 326.5 kHz; 340 kHz and 353–373.5 kHz are now a single 315–400 kHz band.
  • Several appendix entries amended or repealed, flagged by footnotes directly at the relevant line in the consolidated text.

What should businesses do to demonstrate the exemption conditions?

  1. Check the product against the list in Appendix 1 to identify the equipment group.
  2. Identify the corresponding technical appendix (for example Appendix 10 for WLAN, Appendix 19 for LPWAN).
  3. Compare band, power (ERP/EIRP), power spectral density, duty cycle and DFS with the appendix limits.
  4. Check the exception cases in Article 5 (power above the threshold requires a licence).
  5. Review the general conditions in Article 6: fixed frequency and power settings, acceptance of interference, model aircraft rules.
  6. Test against the relevant technical regulation (for example QCVN 55, QCVN 117, QCVN 136) to build evidence that the product complies.

Getting the right appendix and limits helps businesses avoid two common mistakes: declaring conformity for a product above the licence-exempt power threshold, and ignoring operating conditions such as indoor use, DFS and duty cycle that are not shown on the product label.

References

  • Consolidated Document No. 01/VBHN-BKHCN — Government legal portal: vanban.chinhphu.vn.
  • Full PDF: 01-vbhn-bkhcn.pdf.
  • Circular 08/2021/TT-BTTTT and Circular 01/2025/TT-BKHCN.

Technical note: the limit tables in the original document are multi-column tables; this article summarises the main values. Businesses should verify against the original text before applying it to a specific product.

Frequently asked questions

What are the conditions for a radio frequency licence exemption?

The equipment must meet all three conditions in Article 4: it is listed in Appendix 1, it meets the general conditions in Article 6, and it meets the technical and operating conditions in Appendices 2–20 of Circular 08/2021/TT-BTTTT (consolidated as 01/VBHN-BKHCN).

What happens if equipment is in the list but fails the technical conditions?

Under Article 5 it may not be used in Vietnam, unless it obtains a radio frequency and radio equipment licence. Article 5 lists the cases that may be used with a licence, including electronic tolling RFID above 500 mW ERP and LPWAN above 25 mW ERP.

What power level allows LPWAN to be licence-exempt?

LPWAN is exempt when power is at most 25 mW ERP in the 433.05–434.79 MHz band and the 920–923 MHz band, with duty cycle limits. Above 25 mW ERP, a licence is required under Article 5.

Does wireless charging equipment need a frequency licence?

No, if it complies with the conditions in Appendix 16, notably the 315–400 kHz band (merged under Circular 01/2025) and the field strength limits at 10 m, and provided it is not installed fixed outdoors and not used on aircraft.

Are NB-IoT and LTE-M licence-exempt?

No. LPWAN using bands already licensed under the frequency plan, such as NB-IoT and LTE-M, is not covered by this exemption.

Which documents does Circular 08/2021 replace?

Circular 08/2021/TT-BTTTT replaces Circular 46/2016/TT-BTTTT and Circular 18/2018/TT-BTTTT, took effect on 28 November 2021, and was amended by Circular 01/2025/TT-BKHCN from 15 May 2025.

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