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THE
GOVERMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
25/2011/ND-CP
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Hanoi,
April 06, 2011
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A
NUMBER OF ARTICLES OF THE TELECOMMUNICATIONS LAW
GOVERNMENT
Pursuant to the
Law on Government Organization dated December 25, 2001;
Pursuant to the Telecommunication Law dated November 23, 2009;
At the proposal of the Minister of Information and Communications,
DECREES:
Chapter 1.
GENERAL
PROVISIONS
Article 1. Regulation scope
and subjects of application
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a) Investment in and trading goods and telecommunication services;
b) Establishing telecommunication networks and providing
telecommunication services;
c) Providing public-utility telecommunication services and performing
the mission of public-utility telecommunication services;
d) Managing licensing activities, connection activities, expenses,
charges, fees, resources, standards, technical norms, quality of
telecommunication services and services;
e) Planning, design and construction of telecommunication technical
infrastructure.
2. This Decree applies to the domestic organizations or individuals,
foreign organizations or individuals involved in or related to
telecommunications operations in Vietnam.
Article 2. Management agencies specialized in
telecommunication
1. Management agency specialized in telecommunication is an agency of
the Ministry of Information and Communications, is obliged to advising the
Minister of Information and Communication in state-managing and organizing the
performance of state management tasks as to telecommunications throughout the
country, including the following tasks:
a) To participate in the formulation of mechanisms, policies,
strategies, planning and legal documents on telecommunications;
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c) To perform some other duties of state management on
telecommunications as assigned or delegated by the Minister of Information and
Communications.
2. The Prime Minister shall specify the functions, duties, powers and
organizational structure of the professional management agencies of
telecommunications.
Chapter 2.
TELECOMMUNICATION
SERVICES TRADING
Article 3. Ownership in the trading of
telecommunication services
1. An organization or individual owning more than 20% of charter
capital or shares in a telecommunication enterprises shall not be allowed to
possess more than 20% of charter capital or shares of other telecommunication
enterprises doing the business in the same market belonging to the List of
telecommunication services promulgated by the Ministry of Information and
Communications.
2. Telecommunication enterprises that provide telecommunication
services on the List specified in Clause 1 of this Article shall report to the
specialized management agencies on telecommunications in accordance with the
Ministry of Information and Communication upon changes in the list of
organizations or individuals owning more than 20% of charter capital or shares
of the enterprise.
Article 4. Forms, conditions and ratios of
contributed capital of foreign investors
1. Foreign investors are allowed to invest and trade telecommunication
services in the form of direct investment, indirect investment in accordance
with the Telecommunication Law and the law on investment.
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3. In addition to the conditions prescribed by laws on investment,
foreign investment projects in the field of telecommunication services trading
must satisfy the following conditions:
a) In accordance with the planning of the national telecommunication
development, the planning of telecommunications resource and the planning of
passive telecommunication technical infrastructure in the area of investment;
b) To meet the conditions for legal capital and committed amount for
investment specified in Articles 19, 20 and 21 of this Decree.
4. The proportion of contributed capital by foreign parties must be
consistent with the provisions of the laws of Vietnam, international treaties
to which the Socialist Republic of Vietnam is a member.
Article 5. Registration, verification of foreign
investment projects in the telecommunication services trading
1. For foreign investment projects on trading telecommunication
services without network infrastructure with the size of investment of less
than 300 billion VND, the investor shall perform procedures for investment
registration in the provincial state agency managing the investments for an
investment certificate.
2. For foreign investment projects on trading telecommunication
services without network infrastructure with the size of investment capital of
VND 300 billion or more, the investor shall carry out the procedures for
investment evaluation at the provincial state agencies managing the investments
to be granted an investment certificate.
3. For foreign investment projects on trading telecommunication
services with network infrastructure, the investor shall implement procedures
for evaluation and approval of investment policy at the provincial state agency
managing investment to be granted an investment certificate. Competence to
approve the investment policy complies with the law on investment.
4. Apart from the examination in accordance with laws on investment,
for foreign investment projects in the telecommunication services trading,
further verification of the contents specified in Clause 3 of Article 4 of this
Decree are required.
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Article 6. Handling cases of competition in the
telecommunication services trading
1. Competence and procedures for handling cases
related to acts in restraint of competition, unfair competition in
telecommunication services trading shall be as follows:
a) The management agencies specialized in telecommunications is obliged
to dealing with competitive cases of setting up telecommunication networks,
providing telecommunication services stipulated in Clauses 1 and 2 of Article
19 of the Telecommunications Law.
b) Within 30 working days after receipt of competitive cases, the
management agencies, which are specialized in telecommunications, take
responsibility for making a decision to address competitive cases. The related
parties are obliged to implement the decision of addressing competitive cases,
including cases where they disagree to the decision of handling the competitive
case by the management agency specialized in telecommunication and have the
right to complain and take lawsuits under the provisions of law;
c) For complex competitive cases or cases involved in the function of
numerous agencies, the specialized management agencies on telecommunications
collect opinions in writing from those agencies before making the decision on
the handling of competitive cases. Within 10 working days after receiving the
specialized management agencies on telecommunications, the consulted agencies
are obliged to respond in writing.
2. Competence and procedures for handling the economic concentration in
the telecommunication services trading shall be as follows:
a) For the economic concentration have a combined market share from 30%
to 50% of a telecommunication services market, enterprises participating in
economic concentration shall notify the management agency specialized in
telecommunication and competition-management agencies before conducting before
performing economic concentration. For the economic concentration have a
combined market share over 50% of the market of telecommunication services, the
Minister of Industry and Trade shall make a decision on approval of exemption
after receiving a written approval of exemption by the Minister of Information
and Communications;
b) Within 10 working days after receiving complete dossiers of
application for exemption specified in Clause 1 of Article 29 of the
Competition Law, the Ministry of Industry and Trade send the dossier to the
Ministry of Information and Communications to get opinions. Within 20 working
days from the date of receipt of application for exemption, the Ministry of
Information and Communications subject to obligation of responding in writing
to the Ministry of Industry and Trade.
Article 7. Dispute resolution in
telecommunication services trading
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a) Disputes over the telecommunications connection;
b) Disputes over the sharing of telecommunication technical
infrastructure;
c) Disputes over payment rates between telecommunication enterprises;
d) Other disputes as defined by the Ministry of Information and
Communications.
2. The order and procedures for dispute settlement are as follows:
a) Within 30 working days after receipt of the request for dispute
settlement, the management agencies, which are specialized in
telecommunications, are obliged to organize consultations between the parties.
The disputing parties are obliged to provide sufficiently relevant information
and evidence, and are obliged to participate in consultations. Consultation results
must be made in writing;
b) Within 15 working days from the end of the negotiations, the
specialized management agencies on the telecommunication release a dispute
settlement decision. The disputing parties are obliged to implement immediately
the dispute settlement decision, even in the case where they disagree to the
dispute settlement decision of the specialized management agencies on
telecommunications and are entitled to lodge a complaint or lawsuit by
prescribed by laws.
Chapter 3.
ESTABLISHMENT OF
NETWORKS AND PROVISION OF TELECOMMUNICATIONS SERVICE
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Telecommunication networks include:
1. Fixed ground telecommunication networks.
2. Satellite fixed telecommunication network.
3. Mobile ground telecommunication network.
4. Satellite mobile telecommunication networks.
5. Telecommunication networks being defined by the Ministry of
Information and Communications.
Article 9. Classification of telecommunication
services
1. Basic telecommunication services include:
a) Telephone service;
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c) Data transmission service;
d) Photo transmission service;
e) Message Service;
f) Video conference services;
g) leased line services;
h) Internet connection service;
i) Other basic telecommunication services as stipulated by the Ministry
of Information and Communications.
2. Other value added telecommunication services include:
a) Electronic mail services;
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c) Added value fax services;
d) Internet access service;
e) Added value telecommunication services as prescribed by the Ministry
of Information and Communications.
3. Based on technological characteristics, mode of transmission,
communication range, form of payment rates, telecommunication services
stipulated in Clauses 1, 2 of this Article can be split in detail or combined
with each other to form specific types of services associated to the
aforementioned factors.
4. Based on the taxonomy of services specified in Clauses 1, 2, 3 of
this Article, the situation of market development and the policy for management
of telecommunications for each period, the Ministry of Information and
Communications issued a List of basic telecommunication services and value
added telecommunication services.
Article 10. Trading specialized
telecommunication goods and wireless electric equipments
1. A specialized telecommunication good is commodity associated with
the provision of telecommunication services defined by telecommunication
enterprises, including:
a) Devices that are attached by telecommunication subscriber number;
b) Payment card for telecommunication services;
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2. Organizations or individuals perform sales
promotion with respect to specialized telecommunication goods must observe
provisions of this Decree and laws on trade.
3. Organizations or enterprises that produce wireless electric
equipments for use in Vietnam must register and comply with the conditions
prescribed by the Ministry of Information and Communications.
4. Wireless electric equipments being imported or temporarily imported
for re-export shall be subject to the permission of the Ministry of Information
and Communications.
5. Organizations or individuals trading of wireless electric equipments
must perform quality control of telecommunications in accordance with Clause 1
of Article 35 of this Decree.
Article 11. Providing telecommunication
services
1. Providing telecommunication services is the use of equipment,
establishing a system of telecommunication equipment in Vietnam to perform one,
some or all stages of the process of initiation, relay, routing, information
connection for user of telecommunication services by concluding a contracts
with the users of telecommunication services, telecommunication services
agents, telecommunication enterprises for profit purposes.
2. The provision of telecommunication services across the border to
users of telecommunication services in the territory of Vietnam must conduct
through a trade agreement with a Vietnam's telecommunication enterprise that
has already been licensed to provide telecommunication services, including the
type of international telecommunication services.
3. Based on international practice, the regulations on aviation safety,
marine safety, and requirements of national defense and security, the Ministry
of Information and Communication shall specify and guide the provision and the
use of cross-border telecommunication services for ships, boats, planes on the
airspace and territorial waters of Vietnam and other special cases.
Article 12. Resale of telecommunication
services
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2. Before the resale of fixed telecom services in two locations or more
with the addresses, or area being specified to transfer the lawful usage,
before reselling mobile telecommunication services, enterprises are required to
possess a license of providing telecommunication services.
3. Ministry of Information and Communication shall specify the resale
of telecommunication services.
Article. 13 Contract of use of
telecommunication services
1. The provision and use of telecommunication services are conducted on
the basis of contracts concluded between communication enterprises with users
of telecommunication services.
2. Contracts for use of telecommunication services are concluded
verbally, in writing or by specific acts.
3. For some telecommunication services in the List of telecommunication
services that require form-based contract issued by the Ministry of Information
and Communications, telecommunication enterprises shall be obliged to draft a
contract template for use of telecommunication services and register the same
with the management agencies specialized in telecommunications for the uniform
implementation throughout the enterprise after it is approved.
4. Ministry of Information and Communications shall issue a List of
telecommunication services requiring contract template, specify the procedures
for registration of contract template for use of telecommunication services.
Article 14. Providing public-utility
telecommunication services
1. Principles for providing public-utility telecommunication services
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b) Ensuring the right to equal and reasonable access for all people,
and from time to time, the State shall set forth preferential policy to provide
or support terminals and public-utility telecommunication services to poor
households, near-poor households, families under preferential treatment
policy and subjects under other special policy;
c) Supporting the development of telecommunication technical
infrastructure, terminals and providing public-utility telecommunication
services is done by enterprises that provide public-utility telecommunication
services, terminal-producing enterprises or directly to users of
telecommunication services.
2. Vietnam Public-Utility Telecommunication Service
Fund is a State financial organization under the Ministry of
Information and Communications, which operates upon not-for-profit basis to
support the implementation of policies of the State over the public-utility
telecommunications throughout the country.
The Ministry of Information and Communication shall lead and coordinate
with related ministries or sectors compose regulations on functions,
responsibilities, organizational structure and operation of Vietnam Public-Utility
Telecommunication Service
Fund and submit the same to the Primer Minister for a relevant decision.
3. Contribution level to Vietnam Public-Utility Telecommunication
Service Fund for telecommunication services must use a maximal detraction from
revenue not exceeding 5% of those sales of telecommunication services. Contributions
to the Vietnam Public-Utility Telecommunication Service
Fund are accounted and included in business expenses of the
enterprises.
Depending on each period, the Prime Minister shall specify the list of
telecom services requiring detraction from revenue to pay to Vietnam Public-Utility
Telecommunication Service
Fund and the contribution rate for each service in the List.
Article 15. Registration, storage and use of
subscriber information
1. When contracting, telecommunication subscriber is obliged to providing
telecommunication enterprises with following information:
a) For the subscriber as an individual: full name,
date of birth, number, date and place of issuance of identity cards for the
Vietnam citizens or passport for foreign citizens;
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2. Registration of subscriber information
The registration of subscriber information are done at the provision
point of the public-utility telecommunication services where there is an agent
of telecommunication enterprises or at an agency authorized by
telecommunication enterprises by signing a contract to receive registration of
subscriber information (hereinafter referred to as the point of registration of
subscriber information.). A point of registration of subscriber information
must meet the following conditions:
a) Its location for transaction is specific;
b) Having enough equipment to store and transfer the subscriber
information in accordance with the Ministry of Information and Communications;
c) Having transactors who have been trained by telecommunication
enterprises over the processes and procedures for registration of subscriber
information;
d) Other conditions as prescribed by the Ministry of Information and
Communications.
3. Storing subscriber information
a) The owner of the subscriber information-registration point is
obliged to store the registered subscriber information in accordance with the
Ministry of Information and Communications and to provide competent state
agencies upon request;
b) Telecommunication enterprises shall take responsibility to build
technical systems and database to collect, store and manage subscriber
information in accordance with the Ministry of Information and Communication;
provide subscriber information and connect database of subscriber information
at the request of the competent state management agencies.
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Subscriber information is used only for the following purposes:
a) To serve the national security, social order and safety;
b) To serve the state management on telecommunications;
c) To serve the specialized management, exploitation of the network and
provision of telecommunication services of telecommunication enterprises;
d) Other purposes as prescribed by the Ministry of Information and
Communications.
5. Ministry of Information and Communication shall specify the
registration, storage and use of subscriber information.
Article 16. Condition for stopping
telecommunication service trading
1. Telecommunication enterprises are only allowed to suspend partly or
all of telecommunication services if the following conditions are satisfied:
a) The lawful rights and interests of users of telecommunication
services are ensured under the signed contract for use of telecommunication
services;
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2. Telecommunication enterprises holding essential facilities,
telecommunication enterprises dominating the market, enterprises providing
public-utility telecommunication services are only allowed to stop the business
in part or all telecommunication services directly related to the essential
facilities, telecommunication services dominating the market, public-utility
telecommunication services if the following conditions are satisfied:
a) Ensuring the lawful rights and interests of users of
telecommunication services under the signed contract for use of
telecommunication services;
b) Getting the written consent of the Ministry of Information and
Communications under the provisions of Clauses 2 and 3 of Article 17 of this
Decree;
c) In case of the suspension of trading the service, but not
terminating their operation, they must provide users of telecommunication
services with alternative telecommunication services, or switch the users to a
equivalent telecommunication service of other telecommunication enterprises, or
compensate for the users of services;
d) In case of suspension of trading service due to termination of their
operation, reorganization plan or plans for bankruptcy and dissolution of
enterprises must include measures to ensure the provision of telecommunication
services will be continued to users.
Article 17. Procedures for suspension of
telecommunication services trading
1. Telecommunication enterprises other than telecommunication
enterprises holding essential facilities, telecommunication enterprises
dominating the market, enterprises providing public-utility telecommunication
services stop trading partly or all of the telecommunication services must
submit documents for informing the suspension of providing services to the
specialized management agencies in telecommunications at least 60 days before
the expected date of cessation of the trading.
2. Telecommunication enterprises holding essential facilities,
telecommunication enterprises dominating the market, enterprises providing
public-utility telecommunication services when stopping partly or all
telecommunication services directly related to essential facilities,
telecommunication services dominating the market, public-utility
telecommunication services without terminating their operation must submit 03
sets of dossiers requesting for stopping telecommunication services trading to
the Ministry of Information and Communications. Within 30 working days after
receiving the valid dossier, the Ministry of Information and Communication
assess and send a written reply to the enterprise.
3. Telecommunication enterprises holding essential facilities,
telecommunication enterprises dominating the market, enterprises providing
public-utility telecommunication services when suspending telecommunication
services trading due to the end of their operation must submit 03 dossiers
asking for an end to their telecommunication services trading to the Ministry
of Information and Communications. Within 60 working days from the date of
receiving the valid dossier, the Ministry of Information and Communications
coordinate with relevant agencies to determine the enterprise-reorganization
plans or plans for bankruptcy or dissolution and reply in writing to the
enterprise. On the basis of the written reply of the Ministry of Information
and Communications, the enterprise is obliged to carry out the plan of
reorganization or plan of bankruptcy, dissolution as prescribed by laws.
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a) The services to be ceased, the time point to start stopping the
trading, reasons for the suspension, scope of the suspension;
b) Measures and commitments to ensure the lawful rights and interests
of users of telecommunication services and relevant parties.
5. A dossier of application for suspension of telecommunication
services trading referred to in Clauses 2 and 3 of this Article include:
a) An application for suspension of telecommunication services trading
in the form issued by the Ministry of Information and Communications;
b) Report on business situation for service expected to be out of
business: revenue, profits, output, market share, number of people using the
service;
c) Measures and commitment to ensure the lawful rights and interests of
users of telecommunication services and other stakeholders;
d) A reorganization plan or plans for bankruptcy, dissolution of
enterprises, security measures to continue to provide telecommunication
services to users in the event of termination due to cessation of business
activities.
6. Telecommunication enterprises shall take responsibility to notify
users of telecommunication services and other related parties publish in the
mass media about the suspension of telecommunication services trading at least
30 days before the official suspension of telecommunication services trading.
7. In the case where the business license of telecommunication services
is required to amend due to the suspension of services trading, management
agencies specialized in telecommunication are obliged to require the
telecommunication enterprises to modify the license in accordance with the
clauses 1, 3, Article 24 of this Decree.
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Chapter 4.
TELECOMMUNICATION
LICENSING
Article 18. Grant of telecommunication license
1. The Minister of Information and Communication shall grant:
a) License to establish a public-utility telecommunication network that
uses wireless electric frequency band;
b) License to provide telecommunication services over the
public-utility telecommunication network that uses wireless electric frequency
band;
c) License to test telecommunication network that uses wireless
electric frequency band;
d) License to establish telecommunication network used for diplomatic
missions, foreign consulates and representative offices of international
organizations in Vietnam that enjoy the consular an diplomatic privileges and
immunities;
e) License to install telecommunication cables at sea.
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a) License to establish a public-utility telecommunication network
other than those specified in Point a, Clause 1 of this Article;
b) License to provide telecommunication services through the
public-utility telecommunication network outside the cases prescribed in Point
b, Clause 1 of this Article;
c) License to test telecommunication networks and services other than
those prescribed in Point c, Clause 1 of this Article;
d) License to establish private-use telecommunication network outside
the cases prescribed in Point d, Clause 1 of this Article.
3. The Ministry of Information and Communications shall detail
regulations specified in Clause 1 of Article 36 of the Telecommunications Law,
Point b, Clause 2 of Article 36 of the Telecommunication Law on legal capital,
the amount of investment commitment and the security measure of implementation
of the license as to the licensing for establishing telecommunication network
to provide public-utility telecommunication services or perform public-utility
telecommunication missions assigned by the State.
Article 19. The legal capital and commitment
amount for investment to set up fixed ground telecommunication networks
1. Enterprises applying for a license for establishing fixed
telecommunication network without using wireless electric frequency bands,
telecommunication subscribers must meet the conditions for legal capital and
commitment amount for investment as follows:
a) Establishing a network within one province or centrally-affiliated city: Legal capital: VND 5 billion; investment
commitment amount: At least VND 15 billion for first 3 years from the date of
licensing to develop telecommunication network in accordance with the license;
b) Establishing the network within a region (from 2 to 30 provinces and
centrally-affiliated cities): Legal capital: 30 billion VND; investment
commitment amount: At least 100 billion VND for first 3 year after being
granted a license to develop telecommunication network as specified in the
license;
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2. Enterprises applying for a license for establishing fixed
telecommunication network that uses wireless electric frequency band, number of
telecommunication subscribers must meet the conditions for legal capital and
commitment amount for investment as follows:
a) Establishment of networks within a region (from 15 to 30 provinces
and centrally-affiliated cities): Legal capital: 100 billion VND; investment
commitment amount: At least 300 billion VND for first 3 years after being
granted a license to develop telecommunication network in accordance with the
license;
b) Establishing a nationwide network of (over 30 provinces and
centrally-affiliated cities): Legal capital: 300 billion VND; investment
commitment amount: At least 1,000 billion VND for the first 3 years and at
least 3,000 billion VND in 15 years to develop telecommunication network in
accordance with the license.
Article 20. Legal capital and commitment amount
for investment to set up mobile ground telecommunication network
1. Enterprises applying for a license for establishing ground mobile
telecommunication networks with wireless electric frequency channel shall meet
the conditions for legal capital and commitment amount for investment as
follows:
a) Legal capital: 20 billion VND;
b) Investment commitment amount: At least 60 billion VND for the first
three years to develop telecommunication networks with the scale and scope
specified in the license.
2. Enterprises applying for a license for establishing ground mobile
telecommunication network without using terrestrial wireless electric frequency
band (a virtual mobile telecommunication network) must meet the conditions for
legal capital and commitment amount for investment as follows:
a) Legal capital: 300 billion VND;
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3. Enterprises applying for a license for establishing ground mobile
telecommunication networks that use wireless electric frequency bands must meet
the conditions for legal capital and commitment amount for investment as
follows:
a) Legal capital: 500 billion VND;
b) Investment commitment amount: At least 2,500 billion VND for the
first three years and at least 7500 billion VND in 15 years to develop
telecommunication network in accordance with the license.
Article 21. Legal capital and commitment amount
for investment to set up mobile and fixed satellite telecommunication networks
Enterprises applying for a license for establishing satellite mobile
and fixed telecommunication networks must meet the conditions for legal capital
and commitment amount for investment as follows:
1. Legal capital: 30 billion VND;
2. Investment commitment amount: At least 100 billion VND for the first
three years to develop telecommunication networks with the scale and scope
specified in the license.
Article 22. Measures to ensure the
implementation of telecommunication licenses
1. Telecommunication enterprises fail to comply with the content
specified in the telecommunication license or the commitment of businesses when
applying for the license must pay fines for violations of implementation of the
license as follows:
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b) For the license to establish a ground fixed telecommunication
network that uses wireless electric frequency band, telecommunication subscriber
number; the license to establish a ground mobile telecommunication network that
use wireless electric frequency band: Before receiving the license, the
enterprise shall deposit the amount of money equivalent to 5% of the investment
commitment amount for the first three years from the date of receiving the
license into an account designated by the Ministry of Information and
Communications to deduct to pay a penalty in case of violation. Maximum penalty
does not exceed 5% of the investment commitment amount for the first three
years after being licensed, but not less than 3 billion VND.
2. Ministry of Information and Communications shall guide in detail the
content and the rate of penalty for violations of telecommunication licenses.
Article 23. Procedures for granting licenses of
telecom services
1. A dossier of application for a license for establishing
telecommunication networks
an enterprise that apply for a license to establish a
telecommunication network shall submit 5 dossiers to the management agency
specialized in telecommunication and shall be responsible for the accuracy and
truthfulness of the license-applying dossier. A dossier of application for a
license includes:
a) An application for a license prepared based on the form issued by
the Ministry of Information and Communications;
b) A certified copy of certificate of business registration or
certificate of investment of the enterprise;
c) A certified copy of the charter of the enterprise;
d) A confirmation of a competent agency or organization, or a legal
paper evidencing the legal capital;
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e) The technical plan corresponding to the business plan in the first
five years from the date of licensing include the following principal contents:
network configuration, equipment for each year, both the main parts and the
backup parts; analysis of network capacity, equipment, capacity of transmission
lines, telecommunication resources, technologies, standards, applicable
technical norms; measures to ensure service quality and information safety or
security;
g) A written commitment to implement the license, which is prepared
according to the form regulated by the Ministry of Information and
Communications.
2. Dossier of application for a license to provide telecommunication services
An enterprise applying for a license to provide telecommunication
services shall send five dossiers to the specialized management agencies on
telecommunications and shall be responsible for the accuracy and truthfulness
of the dossier. A dossier of application for licensing includes:
a) A form-based application for a license issued by the Ministry of
Information and Communications;
b) A certified copy of certificate of business registration or
certificate of investment of the enterprise;
c) A certified copy of the charter of the enterprise;
d) Business plan in the first five years from the date of licensing
include the following contents: This type of service, service scope, service
quality, service charges; market analysis and forecast, revenue, total
expenditure for investment, the expenditure for each year, form of investment,
capital raising scheme, human resources, measures to ensure the lawful rights
and interests of service-users in case where the enterprises stop trading the
services;
e) The technical plan corresponding to the business plan in the first
five years from the date of licensing include the following contents:
Telecommunication network configuration to be used each year, both the main and
the backup parts; analysis of network capacity and telecommunication equipment;
capacity of transmission lines, telecommunication resources, technologies,
standards, applicable technical norms; telecommunications connections; schemes
to ensure quality of services; measures to ensure information safety and
security;
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3. Where the enterprise concurrently apply for a license to establish
public-utility telecommunication networks to provide a specific
telecommunication service, the dossier of application for a license may be
combined into one set of dossier that apply for a license to establish
telecommunication network and apply for a license to provide telecommunication
services, but the combined dossier must include all the contents mentioned in
Clauses 1 and 2 of this Article.
4. Deadline and process for handling of a dossier
a) Within 5 working days after receiving a dossier, the specialized
management agencies on telecommunications review and inform the enterprise of
the validity of documents;
b) Within 45 working days after receiving a valid dossier, the
specialized management agencies on telecommunications coordinate with relevant
agencies in evaluating the dossier and grant a license or ask the Minister of
Information and Communications to grant a license to the enterprise. For the
cases specified in Clause 2 of Article 19 and Clause 3 of Article 20 of this
Decree, the enterprise shall be granted a telecom license within 5 working days
after the enterprise complete its obligation to ensure the implementation of
the license announced by the management agency specialized in
telecommunication;
c) In case of refusal of granting, the management agencies specialized
in telecommunications notify in writing the applying enterprise, stating the
reasons for refusal.
5. Business license of telecommunication services comprise the
following information:
a) Company name, transaction name of enterprise in Vietnamese and
foreign language (if any) headquarter location, location of branches and
representative offices in Vietnam;
b) License number, date of granting the license, expiration date of
license;
c) Type of the telecommunication network, the range of establishing the
telecommunication network (if any);
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e) The terms and conditions for the enterprise to comply with when
setting up networks, providing telecommunication services.
6. Publication of the contents of a license of telecommunication
services trading
Within 30 days from the date of issuance of business licenses for
telecommunication services, enterprises must publish in either a newspaper or a
web newspaper in three consecutive issues prescribed at Points a, b, c, d,
Clause 5 of this Article.
Article 24. Amend, supplement, extend the
business licenses for telecommunication services
1. Within the valid term of business licenses for telecommunication
services, the licensed enterprise must require for an amendment and supplement
to the content of the business license for telecommunication services when the
following changes occur:
a) Change of the licensed enterprise’s name;
b) Changes in the scope of establishing telecommunication network and
scope of providing telecommunication services, types of services that have been
licensed in accordance with provisions by the Ministry of Information and
Communications;
c) The other changes defined by the Ministry of Information and
Communications.
2. In case of change of address of head office, change of the legal
representative, enterprise are not required to perform procedures for amending
the telecommunication license but shall notify the licensing agency within 30
days from the official date of the change.
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a) An enterprise filed a dossier of application for amending or
supplementing the license for telecommunication services trading must send
three sets of dossier to the specialized management agencies on
telecommunications and shall be responsible for the accuracy, truthfulness of
the license-applying dossier. A dossier for amendment and supplement to the
content of the business license for telecommunication services include:
application for amending or supplementing the content of the license according
to the form promulgated by the Ministry of Information and Communications; a
report on operation situation of the enterprise; detailed report on the content
to be amended and/or supplemented, and other relevant documents;
b) The management agencies specialized in
telecommunications receive and consider the validity of a dossier within 5
working days from the date of receipt of dossier; evaluate and decide the
amendment and supplement or ask the Minister Ministry of Information and
Communications to decide the amendment and supplement to the content of the
license under authority specified in Clause 1 of Article 18 of this Decree
within 40 working days from the date of receiving the valid dossier. In case of
refusal of the amendment or supplement to the license, the management agencies
specialized in telecommunications shall reply in writing, stating the reasons
for the refusal to the enterprise.
4. Renewal of a license
a) The enterprise that has granted a license for telecommunication
services trading wish to extend their license must submit three sets of dossier
demanding an extension to the specialized management agencies in telecommunication
at least 60 days before the license expires and must take responsibility for
the accuracy and truthfulness of the dossier;
b) A dossier for the extension of the license include: application for
renewal of the license according to the form issued by the Ministry of
Information and Communications, report on the implementation of the license;
c) The management agencies specialized in telecommunications receive
and consider the validity of the dossier within 5 working days from the date of
receipt, evaluate and decide the extension or ask the Minister of Information
and Communication to decide to renew the license within 40 working days from
the date of receiving the valid dossier. In case of refusal to extend the
license, the management agencies specialized in telecommunications shall reply
in writing stating the specific reasons to the enterprise.
5. The announcement of amendment, supplement and extension of the
business license for telecommunication services shall comply with the
provisions of Clause 6 of Article 23 of this Decree.
Article 25. Granting, amending, supplementing
and extending the license to install telecommunication cables in the sea
1. Granting a license to install telecommunication cable in the sea
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a) An application for permission to install telecommunication cables at
sea in the form issued by the Ministry of Information and Communications;
b) A scheme to install telecommunication cables at sea in which the
enterprise specify the nature, objectives and scope of the cable line, matters
related to marine survey and submarine operations, list of member contributing
capital to invest in the cable line; engineering design and location, expected
coordinate for installing telecommunication cables; the construction plans and
plans to ensure marine environment and security.
2. Deadline and process for handling of a dossier
a) The management agencies specialized in telecommunications receive
and consider the validity of the dossier within 10 working days after receipt,
send the dossier to the Ministry of Defense, Ministry of Foreign Affairs and
the agencies and organizations concerned within 10 working days after receiving
a valid dossier. Within 30 working days after receiving the dossier, the
Ministry of Defense, Ministry of Foreign Affairs and other related agencies and
organizations shall reply in writing;
b) The specialized management agency on telecommunications evaluate and
submit the dossier to the Minister of Information and Communication for
consideration to grant a license within 30 working days after receiving the
reply from the Ministry of Defense, Ministry of Foreign Affairs and other
agencies and organizations involved. In case of refusal, the management
agencies specialized in telecommunications shall reply in writing making the
reasons for refusal known to the organization that demand the license;
c) Based on the issued license, the specialized management agencies on
telecommunications coordinate with the General Staff of the Defense Ministry to
allow ships and boats to reach the sea territory of Vietnam to survey, install,
maintain and repair telecommunication cables in the sea under the license and the
provisions of the laws.
3. Amending or supplementing the license
a) During the period of validity of the license for installation of
telecommunication cables at sea and the licensed organization must send five
sets of dossier demanding amendments and supplements to the license content to
a management agency specialized in telecommunication when there is a change of
name of the licensed organization, change in information on the installed cable
line.
In case of change of address of head office, the licensed organization
is not required to perform procedures to modify the telecommunication license,
but must notify the licensing agency within 30 days after the official date of
the change.
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c) The management agencies specialized in telecommunications receive
and consider the validity of the dossiers within 10 working days from the date
of receipt, appraise and submit the dossier to Minister of Information and
Communications for consideration of the amendment and supplement to the
contents of the license within 30 working days after receiving the valid
dossier. Where it is necessary to consult the agencies and organizations
involved, this period may be extended but not exceed 60 working days after
receiving the valid dossier. In case of refusal to grant the amended and
supplemented license, the management agencies specialized in telecommunications
shall reply in writing stating the reasons for the refusal and the requirement
to be observed to the organization which have demanded amendments or supplement
to the content of the license.
a) Organization that has been granted a license for installation of
telecommunication cables in the sea want to renew the license must send five
sets of dossier for the extension to the specialized management agencies in
telecommunications for at least 90 days before the license expires and must
take responsibility for the accuracy and truthfulness of the dossier. A dossier
of application for extension include: Application for license renewal according
to the form issued by the Ministry of Information and Communications, a report
on the implementation of the license;
b) The management agencies specialized in telecommunications receive
and consider the validity of the dossiers within 10 working days from the date
of receipt, appraise and submit the dossier to Minister of Information and
Communications consider whether or not extend within 30 working days after
receiving the valid dossier. Where it is necessary to consult the agencies and
organizations involved, this period may be extended but not exceeding 60
working days from the date of receiving the valid dossier. In case of refusal
to extend the license, the management agencies specialized in
telecommunications shall reply in writing stating the specific reasons to the
organization that request a license renewal.
Article 26. Granting, amending, supplementing,
extending the license to set up private-use telecommunication network
1. Granting license for establishing private-use telecommunication
network
Organizations applying for a license to establish its own
telecommunication network send three sets of dossier to the specialized
management agencies on telecommunications and shall take responsibility for the
accuracy and truthfulness of the dossier. A dossier of application for a
license includes:
a) An application for a license to set up its own telecommunication
network using the standard form issued by the Ministry of Information and
Communications;
b) A certified copy of the decision of establishing and operating
license or certified copy of certificate of business registration of the
organization requesting the license;
c) A certified copy of the charter, documents defining the general
organizational structure or forms of association, joint activities between the
members (if any);
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2. Deadline and process for handling of a dossier
Management agencies specialized in telecommunication receive and
consider the validity of the dossier within 10 working days from the date of
receipt, evaluate and consider to grant or submit the dossier to the Minister
of Information and Communications for consideration to grant a license within
30 working days after receiving the valid dossier. In case of refusal, the
management agencies specialized in telecommunications shall reply in writing
stating the reasons for refusal to the organization. Where problems arise
requiring further verification, the grant period may be extended but not exceed
45 working days from the date of receiving the valid dossier.
For the dossier to establish a private-use telecommunication network of
diplomatic missions, foreign consulates and representative offices of
international organizations in Vietnam that are eligible for the consular and
diplomatic privileges and immunities, the Ministry of Information and
Communication shall consider to grant a license on the basis of the written
opinion of the Ministry of Foreign Affairs, Ministry of Public Security.
3. Amending or supplementing the license
a) During the period of validity of the license, the licensed
organization send three sets of dossier demanding an amendment and supplement
to the content of license by mail, or send directly or by another form of
regulatory body specialized in telecommunication of any change of name of the
licensed organization, a list of members of the network, network configuration,
network operation range, type of the provided service.
In case of change of address of head office, the licensed organization
is not required to perform procedures for amending the telecommunication
license, but must notify the licensing agency within 30 days after the official
date of change.
b) A dossier demanding amendments or supplements to the license
include: Application for amendment and supplement to the license according to
the form promulgated by the Ministry of Information and Communications;
detailed description of the content that is expected to be amended and
supplemented; other documents relating to the amendment and supplementation of
the content of the license;
c) The management agencies specialized in telecommunications receive
and consider the validity of the dossier within 5 working days from the date of
receipt, evaluate and consider to grant a license for modification, or to
submit the dossier to the Minister Ministry of Information and Communications
for consideration to grant a license for amendment or supplement within 30
working days after receiving the valid dossier. In case of refusal, the
management agencies specialized in telecommunications shall reply in writing stating
the reasons for refusal to organizations requesting licensing.
4. Renewal of the license
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b) A dossier requesting for the extension of the license comprise
application according to the form issued by the Ministry of Information and
Communications, a report on the implementation of the license;
c) The management agencies specialized in telecommunications receive
and consider the validity of the dossier within 5 working days from the date of
receipt, evaluate and consider the extension or submit the dossier to the
Minister of Information and Communication to consider the extension within 30
working days after receiving the valid dossier. In case of refusal, the
management agencies specialized in telecommunications shall reply in writing
stating the reason to the requesting organization.
Article 27. Grant, extend the license of
testing telecommunication service and network
1. Grant a license for testing
Organizations want to test telecommunication networks and services must
submit three sets of dossier to the specialized management agencies on
telecommunications and shall take responsibility for the accuracy and
truthfulness of the dossier. The dossier includes:
a) An application for a license for establishing and testing the
telecommunication network and for providing telecommunication service in the
form issued by the Ministry of Information and Communications;
b) Scheme for testing telecommunication services and networks clearly
specifying: The purpose, scope and scale of investment, trial duration; network
configuration, type of service, cooperator(s) that participate in the test (if
any) allocated charges (if any) frequencies, and the digital repository
requested to be tested (if any) the terms and conditions to ensure the
interests of users, if after the deadline to provide testing services, the
enterprise does not officially provide the services.
2. Deadline and process for handling of a dossier
Management agencies specialized in telecommunication receive and
consider the validity of the dossier within 5 working days from the date of
receipt, evaluate and consider to grant or submit the dossier to the Minister
of Information and Communications to consider the grant within 30 working days
after receiving the valid dossier. In case of refusal, the management agencies
specialized in telecommunications shall reply in writing stating the reasons
for refusal to grant to the organization that demand the license to test.
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a) In order to renew the license, the organization that has been
granted the license to test telecommunication networks and services must submit
three sets of dossier to the specialized management agencies in
telecommunications at least 30 days before the license expires and must take
responsibility for the accuracy and truthfulness of the dossier. A dossier of
application for renewal includes: a request for extension according to the form
issued by the Ministry of Information and Communications, a report on the
implementation of the license;
b) The management agencies specialized in telecommunications receive
and consider the validity of the dossier within 5 working days from the date of
receipt, evaluate and grant the extension or submit to the Minister of
Information and Communication to evaluate to grant a renewal within 30 working
days after receiving the valid dossier. In case of refusal, the management
agencies specialized in telecommunications shall reply in writing stating the
reasons for refusal to the renewal-requesting organization.
4. The trial period ends, the organization that has been granted shall
review and complete the trial record and report test results to the specialized
management agencies on telecommunications.
5. After the trial period, the granted organization want to exploit
officially telecommunication networks, telecommunication services should
request a grant of telecommunication license.
Article 28. Regrant a telecommunication license
Where telecommunication license is lost, torn, burnt or destroyed in
some other way, the granted organization must submit an application for
regranting a telecom license in the form issued by the Ministry of Information
and Communications to the specialized management agencies on
telecommunications. The management agency specialized in telecommunication
shall consider to regrant or submit the application to the Minister of
Information and Communications for review the new license-regranting
possibility within 5 working days from the date of receiving the application
for license. The regranted organization shall pay fees for the regranted
license as regulated.
Article 29. Telecommunication revenue
1. Telecommunication revenue includes sales of specialized
telecommunication goods and sales of telecommunication services.
2. Turnover of specialized telecommunication goods is revenue earned
from the trade of specialized telecommunication goods specified in Clause 1 of
Article 10 of this Decree that is reflected in the accounting books of the
telecommunications enterprise.
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a) Turnover from charge applied to users of telecommunication services;
b) Revenue from charge payment difference among telecommunication
enterprises;
c) Revenue from international payment difference between the telecom
enterprise and foreign partners;
d) Other revenues as defined by the Ministry of Information and
Communications.
4. Turnover of telecommunication services specified in Clause 3 of this
Article are used to determine the market share of telecommunication
enterprises, to calculate the contribution of telecommunication enterprises to
Vietnam public-utility telecommunication service Fund and pay charge for rights
as to telecommunication activities.
Article 30. Charge for right to operate
telecommunication
1. Charge for right to operate telecommunication is determined
according to Clause 1, Article 41 of the Telecommunication Law to implement the
State's policy on telecommunications in each period and to ensure cost recovery
for the management of telecommunications. The paid amount of telecommunication
operation right charge is accounted into the business cost of organizations or
enterprises.
2. Telecommunication license-granted organization is obliged to pay
charges for rights as to telecommunication activities on the following
principles:
a) Enterprises that are granted a license to establish public-utility
telecommunication network: pay annually at the fixed rate, depending on the
type of telecommunication network, the scope and scale of telecommunication
networks, the number and value of telecommunication resources needed to
allocated to establish the networks and the level of use of space, ground,
underground, river bed and sea bed to build passive telecommunication technical
infrastructure;
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c) Organizations that have been licensed to establish private-use
telecommunication network, the license to test telecommunication services and
networks: pay once at the fixed rate for the entire duration of the license;
d) Organizations that are licensed to install telecommunication cables
in the sea: pay once at the fixed rate for the entire duration of the license
and for each entry for survey, installation, repair and maintenance of cable by
a ship.
3. Telecommunication-granted license organizations or enterprises must
pay in full and on time charges for right to operate telecommunication as
notified by the licensing agency.
4. Ministry of Finance shall lead and coordinate with the Ministry of
Information and Communications defined or ask a competent state agency to
detail collection rates, mechanism for collection and payment, management and
use of charges for right as to telecommunication operation.
Chapter 5.
RESOURCES,
TECHNICAL NORM, QUALITY AND TELECOMMUNICATIONS TARIFF
Article 31. Allocating frequency bands,
quantity of telecommunication subscribers
1. To ensure that wireless electric frequency and telecommunication
digital repository are used effectively, the band, quantity of
telecommunication subscribers shall only be allocated to enterprises licensed
to establish the following public-utility telecommunication network:
a) Ground fixed telecommunication network set up throughout their
region or country;
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c) Satellite fixed telecommunication networks;
d) Satellite mobile telecommunication networks.
2. Enterprises providing telecommunication services in the form of
resale of the services are allowed to subrent telecommunication subscriber
number of the enterprises have been allocated the number of telecom subscriber.
3. Ministry of Information and Communication and regulate and guide the
allocation of frequency band, the number of telecom subscribers for licensed
organizations to set up their own telecommunication networks.
Article 32. Changing telecommunication
subscriber number
1. Telecommunication subscriber number is a sequence of digits (or
characters) which indicates the unique terminals of the telecommunication
network and includes the necessary information to route calls to that
endpoints.
2. Changing telecommunication subscriber number is change in length,
the structure of telecom subscriber numbers that are being used on
telecommunication networks.
3. The change of telecommunication subscriber number shall be done in
the following cases:
a) To increase the capacity of telecommunication subscriber number to
meet the development needs of the subscriber;
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c) To adjust, supplement, modify the national telecommunication digital
repository plan to meet requirements for change in technology and change in
telecommunication development policy;
d) Other cases prescribed by Ministry of Information and
Communications.
4. When changing telecommunication subscriber number, telecommunication
enterprises shall:
a) Develop and implement plans for change of telecommunication
subscriber number of their enterprise in line with the planning of the
telecommunication digital repository or the plan for changing subscriber number
approved by the Ministry of Information and Communications;
b) Notify of change of telecommunication subscriber number on the mass
media at least 60 days prior to the change of telecommunication subscriber
number;
c) Guide users of telecommunication services about the way to dial
after the change of telecommunication subscriber number;
d) Coordinate with other telecommunication enterprises to change
telecommunication subscriber number;
e) Implement technical measures to minimize the loss of contact (if
any) before, during and after the change of telecommunication subscriber
number;
e) Report in writing to the management agency specialized in
telecommunication on the results of changing the telecommunication subscriber.
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Article 33. Process of change of
telecommunication subscriber numbers
1. Changing telecommunication subscriber number without changing the
length and structure of the telecommunication subscriber number:
a) In the case where a telecommunication enterprise change less than
10,000 telecommunication subscriber number that have been granted to
subscribers within a province or centrally-affiliated city without changing the
length and structure of the telecommunication subscriber number and ensure
conformity with the planning of the national telecommunication numbering:
Telecommunication enterprises shall change telecommunication subscriber number
in accordance with Clause 4 of Article 32 of this Decree and report to the
management agencies specialized in telecommunication;
b) In the case where the telecommunication enterprises change over
10,000 telecommunication subscriber number that have been granted to
telecommunication subscriber or the scope of change of the number within two
provinces or centrally-affiliated cities or more, but not change the length,
the structure of telecommunication subscriber number and is consistent with the
planning for national telecommunication numbering: Telecommunication
enterprises shall send dossiers to the specialized management agencies in
telecommunications at least 90 days before the date of changing telecommunications
subscriber number and change telecommunication subscriber number only after
obtaining written approval of the management agencies specialized in
telecommunications.
c) A dossier requesting change to telecom subscriber number include:
application for changing of telecom subscriber number in the form issued by the
Ministry of Information and Communications; the plan to change the
telecommunication subscriber number, which clearly indicate the scope of
change, number of subscribers to be changed, the expected timing for changing
the number, technical plans, including plans for testing the implementation of
the change of number, measures to limit the loss of contact during and after
process of change;
d) A specialized management agency in telecommunications receive and
process dossiers mentioned at Point c of this Clause, within 30 working days
after receiving the valid dossier. In case of disapproval of the change, the
management agencies specialized in telecommunications shall notify in writing
the reasons for the enterprise.
2. Changing telecommunication subscriber numbers with changes to the
length and structure of the telecommunication subscriber numbers:
Management agency specialized in telecommunication is obliged to create
a plan for changing telecommunication subscriber numbers and submit the same to
the Minister of Information and Communications for approval, arrangement and
guidance of the implementation of telecommunication enterprise with respect to
the approved plan for changing telecommunication subscribers.
Article 34. System of technical norm of
telecommunications and wireless electric frequency
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1. Terminals.
2. Network equipment.
3. Equipments to measure charges.
4. Telecommunication network connections.
5. Telecommunication services.
6. Passive telecommunication technical infrastructure.
7. Quality of emission of wireless electric equipment.
8. Wireless electric radiation safety of wireless electric equipments,
equipments applying radio waves, radio stations.
9. Electromagnetic compatibility safety of wireless electric equipment,
telecommunication equipment, information technology equipment, equipment
applying radio waves and electronics-electrical equipments.
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11. Other technical norms of telecommunications as specified by the
Ministry of Information and Communications.
Article 35. Telecommunications quality
management
1. The assessment of conformity with technical norms for equipment,
networks, services and passive telecommunication technical infrastructure is conducted
as follows:
a) terminal equipment, wireless electric equipment, equipment applying
wireless electric waves, information technology equipment, electrics-electrical
equipment in the list of telecommunication equipment, wireless electric
equipment, equipment applying wireless electric waves, information technology
equipment, electronic-electrical equipment is potentially unsafe issued by the
Ministry of Information and Communications must be carried out procedures to
certify conformity with regulation or release a statement of conformity for
each category of equipment and use conformity mark before being circulated in
the market or connected to public telecommunication networks;
b) Passive telecom technical infrastructure, telecommunication network
connection, telecommunication services in the List of telecommunication
services and networks requiring quality control issued by the Ministry of
Information and Communications before being provided or used must carry out
procedures to announce the conformity with as prescribed.
2. Testing of telecommunication equipment is the test, certification or
announcement of conformity with telecom technical norms of telecommunication
equipment that were installed prior to functioning. The testing of
telecommunication equipment is as follows:
a) Network equipment in the list of telecommunication equipment
requiring expertise issued by the Ministry of Information and Communications
before putting into operation must be conducted the test and certification of
compliance or test and announce the accordance with the regulations;
b) Measuring device to calculate charge in the list of
telecommunication equipment requiring the testing issued by the Ministry of
Information and Communications before putting into operation must be carried
out the test procedures and certification of conformity by regulations;
c) Wireless electric station in the List of radio stations requiring a
safety testing of radiation safety issued by the Ministry of Information and
Communications before being used must be performed the test procedures and
certification of conformity or test and announce the accordance with the
regulation.
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a) Specifying the operation of technical norm conformity assessment and
testing of telecommunication equipment;
b) Appoint and recognize conformity certification organization, units
for measuring and testing, testing laboratories in the field of
telecommunications and radio frequencies.
Article 36. Principles for the promotion of
telecommunication services and specialized telecommunication goods
1. Telecommunication enterprises are not allowed to conduct promotion
with purposes of unfair competition in the telecommunications market, dumping
telecommunications service, specialized telecommunication goods.
2. Telecommunication enterprises shall ensure the quality of
telecommunication services and specialized telecommunication goods promoted in
accordance with the provisions of law on the management of standards, technical
norms, quality of telecommunication services and specialized telecommunication
goods.
3. Telecommunication enterprises are not allowed to conduct promotion
by reducing charges of telecommunication services, reducing the price of
specialized telecommunication goods with respect to telecommunication services,
specialized telecommunication goods evaluated specifically by the State.
Telecommunication enterprises are not allowed to conduct promotion by reducing charges
of telecommunication services, reducing the price of specialized
telecommunication goods to below the minimum level of specialized
telecommunication services, telecommunication goods that the State prescribes a
price range or a minimum price.
4. Telecommunication services marks, specialized telecommunication
trademarks are specified in the List of telecommunication services, the List of
specialized telecommunication goods issued by the Ministry of Information and
Communications.
5. The material value used for promotion for the unit of specialized
telecommunication goods or services must not exceed 50% of the price of the
units of specialized telecommunication goods or services promoted before
promotion period except the following cases:
a) Providing telecommunication services, deliver samples of specialized
telecommunication goods to customer free of charge;
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c) Providing telecommunication services, selling specialized
telecommunication goods enclosed with contest entry forms for customers to
choose the prize winners according to announced rules and prizes.
d) Providing telecommunication services, selling specialized
telecommunication goods accompanied by participation in promotions of chance;
e) Organizing frequent customer program.
6. The total maximum value of services or goods used for sales
promotion should not exceed 50% of the total value of telecommunication
service, specialized telecommunication goods promoted except in the form of
offering sample promotional goods or providing sample telecommunication services
to customers to try free of charge.
7. Form of discount promotion for telecommunication services and
specialized telecommunication goods include:
a) Providing telecommunication services or selling specialized
telecommunication goods at price that is lower than before;
b) Using units of telecommunication services, specialized
telecommunication goods for the promotion of the same telecommunication
services and goods as their prices remain unchanged;
c) Promotion in the form of providing telecommunication services,
selling specialized telecommunication goods accompanied by the coupon of use
for the telecommunication services, coupon for the very specialized
telecommunication goods.
d) Other forms prescribed by the Ministry of Information and
Communications.
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9. The total duration of the promotion for a telecommunication services
marks, specialized telecommunication trademarks when making promotions to
provide telecommunication services, sell specialized telecommunication
accompanied by the participation in promotions of chance must not exceed 180
days a year, a promotion must not exceed 90 days.
Article 37. Promotion management for
telecommunication services and specialized telecommunication goods
1. Only applying to licensed telecommunication enterprises for the
promotion of telecommunication services and specialized telecommunication
goods.
2. Telecommunication enterprises can directly organize the promotion or
hire traders of promotion services to conduct promotion on specialized
telecommunication goods or services of enterprises under agreements with such
enterprises. In case of hiring traders who trading promotion services to
conduct promotion on services and specialized telecommunication goods for
enterprises, telecommunication enterprise, telecommunication enterprises must
ensure the promotion is done in accordance with promotions program has been
announced or registered with the State management agency for promotion.
3. Agency that trade the specialized telecommunications goods of
telecommunication enterprises must conduct promotions in accordance with
promotion program that telecommunication enterprises have announced or registered
with the State management agency for promotion.
4. When implementing promotions for telecommunication services and
specialized telecommunication goods, telecommunication enterprises must notify
the management agency specialized in telecommunication and local Department of
Information and Communication. Before implementing promotional programs by
reducing prices for services in the List of telecommunication services
requiring registration of charges, telecommunication enterprises must register
with the management agencies specialized in telecommunications.
5. Telecommunication enterprises shall take
responsibility to report regularly and irregularly upon request by specialized
management agencies on telecommunications as to list and content of the promotion
program of telecom services of the enterprise.
6. Ministry of Information and Communications is responsible for:
a) Regulating the list, units, forms of promotion, the maximum value of
promotional material applied to each unit of telecommunication services and
specialized telecommunication goods, the total value of the service, goods for
sales promotion in a promotional program aimed at ensuring fair competition in
the market of telecommunication services;
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7. Management agency specialized in telecommunication have the right to
suspend the implementation of the whole or part of promotion program of
telecommunication enterprises if there is any violations of regulations on the
promotion of telecommunication services and goods specialized
telecommunications is detected.
Article 38. Management of the charges of
telecommunication services
1. Form of charge management
a) To decide the charges: the Ministry of Information and
Communications issued rates, rate range of public-utility telecommunication
services, and the connection charges;
b) Registration of charges: Telecommunication enterprises dominating
the market prior to the promulgation and application rates of market dominant
telecommunication services is obliged to register the charges with the
management agencies specialized in telecommunications;
c) Notification of the charge: telecommunication enterprises by
themselves specify charges of telecommunication services outside the above
charges at point a, b of this Clause and shall notify the management agency
specialized in telecommunication.
2. Exemptions from public utility charges are as follows:
a) Telecommunication enterprises shall take responsibility to develop a
charge reducing/exempting plan for serving public-utility telecommunication
missions and submit it to the Ministry of Information and Communications;
b) Ministry of Information and Communication shall decide the charge
reducing/exempting plan for serving public-utility telecommunication missions
after getting an agreement with the Ministry of Finance;
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3. Telecommunication enterprises are not allowed to provide telecommunication
services with too low rate compared with the average rates in the market of
telecommunication services in accordance with provisions by Ministry of
Information and Communications.
4. In addition to the provisions of Clause 3 of this Article, the
telecommunication enterprise dominating markets are not allowed to release a
rate of telecommunication services lower than its cost.
5. In the case where telecom service charges increase or decrease
unreasonably compared with the cost, increase or decrease abnormally compared
with average rates resulting in an unstableness in the telecommunications
market, causing harm to the legal rights and interests of users of
telecommunication services, other telecommunication enterprises and the State,
Ministry of Information and Communications is obliged to perform or direct the
management of specialized telecommunications to implement measures to control,
stabilize following telecommunication charges:
a) Prescribing a maximum charge, minimum charge, charge range of
telecommunication services;
b) Controlling the form factor of telecommunication services charges;
c) Disclosing information about charges;
d) Establishing mechanisms for managing telecommunication charges in
each period;
e) Deciding suspension of implementation of the unreasonable telecom service
charges decided by telecommunication enterprises
f) Deciding organization of teams of inspector and/watchdog to observe
the compliance with state regulations on the management of telecommunication
services charges.
Article 39. Professional issue report of
telecommunication
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2. Telecommunication enterprises shall:
a) Report regularly or irregularly upon requirement for professional
telecommunications to management agency specialized in telecommunication and
shall take responsibility for the accuracy and timeliness of content and
figures of the report;
b) Prove the accuracy of content and figures of the report as required;
c) Provide online content and figures of the report to the device to
access information upon request by management agency specialized in
telecommunication.
3. Management agency specialized in telecommunication is obliged to use
the content and figures of the report on professional telecommunication to
publish statistical reports, analyses, manage the telecommunication services
market
Chapter 6.
TELECOMMUNICATIONS
WORKS
Article 40. Planning of passive
telecommunication technical infrastructure
1. Planning of passive telecommunication technical infrastructure
includes:
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b) Planning peripheral network which defines the requirements,
conditions for the installation location for antenna pole, line and direction
for building the suspension pole, sewer, tank, cable ducts
2. Important telecommunication works relating to national security is
the telecommunication work of special importance for the entire operation of
the national telecommunication network and having direct impact on
socio-economic development, security, defense of the country, including:
a) The work of international telecommunication transmission system and
inter-provincial long distance;
b) The Work for system of management, control, routing, switching
international telecommunications, region and inter-province long distance;
c) The work for system of transmission, broadcast of television/radio
signal throughout the nation, region and province or cities under central
authority;
d) Other telecommunication works specified by the Prime Minister.
3. A point for supplying the public-utility telecommunication services
is location directly managed and exploited by telecommunication enterprises to
provide telecommunication services to users of services, including point to
supplying services with their staff being present and the point to supplying
the service without any staff.
4. Provincial People's Committee is obliged to formulate, approve and
publish planning of passive telecommunication technical infrastructure every 5
years, which is adjusted or supplemented annually and incorporate the content
passive telecommunication technical infrastructure planning in traffic
planning, construction planning with ratio of 1/2000, 1 / 500 of the locality.
5. Based on the planning of the national telecommunication development
and planning of passive telecommunication technical infrastructure in the area,
telecommunication enterprises shall be responsible for planning the
construction of passive telecommunication technical infrastructure in the
locality of enterprise and submit the same to provincial People's Committee for
approval
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7. Ministry of Transport, Ministry of Construction shall coordinate
with the Ministry of Information and Communications and the provincial People's
Committee to introduce the content of related passive telecommunication
technical infrastructure into traffic planning, construction planning within
the region and the nation.
Article 41. Granting a license to construct a
passive telecommunication technical infrastructure
1. Before starting the construction of passive telecommunication
technical infrastructure, investors must have a building permit, except the
following cases:
a) Line of column used for hanging telecommunication cables, system of
antenna poles that are not in urban areas and are consistent with the approved
planning of telecommunication technical infrastructure of the enterprise and
the approved project of investment for construction;
b) Antenna pole that is not bulky in accordance with the Ministry of
Information and Communications and is installed in and on top of buildings in
urban areas without changing the architecture, structural strength and safety
of the building, surrounding landscape and environment and is in line with the
approved planning of telecommunication technical infrastructure of the
enterprise;
c) A point for supplying the public-utility telecommunication services
without staff that is included in the planning of approved passive
telecommunication technical infrastructure of enterprise and have the approved
sample design;
d) A passive telecommunication technical infrastructure work that was
installed to provide telecommunication services in emergencies;
e) Other passive telecommunication technical infrastructure works as specified
by the Ministry of Information and Communications.
2. Ministry of Information and Communication shall lead and coordinate
with the Ministry of Construction to specify and guide the licensing of
construction of passive telecommunication technical infrastructures.
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Article 42. Designing, constructing and using
telecommunication works
1. Organizations or individuals investing in construction of buildings
with many residence (apartments, office buildings, hotels) is obliged to design
and install system of telecommunication cables, access points within the
building. Rental from usage of a network of cables within the building is
determined on the basis of costs.
2. Organizations or individuals investing in construction of buildings
that have many uses (apartments, office buildings, hotels), public buildings is
obliged to allocate area for telecommunication enterprises to install antenna
pole on the roof of the building, install equipment for receiving, broadcasting
within the building or within public buildings if the installation is
technically feasible.
3. Investors that construct traffic work, industrial zones, export
processing zones, high-tech zones, and urban areas are responsible for
allocating land for telecommunications enterprise to construct passive
telecommunication technical infrastructure works.
4. The use of passive telecommunication technical infrastructure works
is on principles that service users are free to choose telecommunication
enterprises, promoting competition in network establishment and
telecommunication service provision of telecommunications enterprises in
buildings, public buildings, traffic work, industrial parks, export processing
zones, high-tech zones, urban areas.
5. Where telecommunication enterprises do not reach an agreement with
relevant organizations or individuals on the provisions in Clauses 1, 2, 3, 4
of this Article, the enterprises may require provincial People's Committees to
consider and resolve, and also notify the management agency specialized in
telecommunication.
6. People's Committees at all levels shall direct the settlement and
handle timely cases of unlawful hindering, disturbing, destroying the building
and use of passive telecommunication technical infrastructure in the area.
Article 43. Jointly using technical
infrastructure
1. Investor of technical infrastructure work shall be responsible for
planning, designing, investing or constructing technical infrastructure,
ensuring the joint use for installation of telecommunication equipments and
cables in accordance with the approved planning for passive telecommunication
infrastructure.
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3. Telecommunication cables are permitted to
install at the electric poles in the regions where the telecommunication cables
cannot be put underground or can not build separate poles for
telecommunications cable on the basis of ensuring applied
technical standards. Ministry of Trade shall guide the Vietnam Electricity
Corporation and organizations or individuals managing and exploiting the system
of electric poles to let telecommunication enterprises use the same poles for
installation of telecommunication cables.
4. Telecommunication cables, telecommunication equipment is permitted
to install in the underground public works, underground public works,
underground technical source work, the underground portion of the construction
works on the ground, line works, cables, underground technical pipeline,
ditches and technical tunnels.
5. Ministry of Construction shall guide organizations or individuals
managing, using and exploiting underground works to let telecommunication
enterprises to share technical infrastructure for installation of
telecommunication equipments and cables.
6. Rental price for a public technical infrastructure work to install
the telecommunication equipments and cables are determined on the basis of
costs in order to promote the joint use of technical infrastructure of traffic
engineering, energy supply, public lighting, water supply, sewerage,
telecommunications and other technical infrastructures.
7. Ministry of Finance shall lead and coordinate with the related
sectors/ministries to promulgate mechanisms and principles for control and
management of rental price of public technical infrastructure.
8. Provincial People's Committees are obliged to manage, specify and
organize the implementation of the joint use of telecommunication infrastructure,
other technical infrastructures at their localities.
Article 44. Putting underground and
embellishment of telecommunication cables
1. Provincial People's Committee shall lead and coordinate with the
Ministry of Information and Communications to make and organize the
implementation of the plan to burry and adjust telecommunication cables in
their locality.
2. Organizations or individuals participating in putting underground
and embellishment of telecommunication cables shall get investment incentives
or supports in accordance with the law on investment.
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4. The putting underground and embellishment of telecommunication
cables is done on the principle of ensuring that joint usage of technical
infrastructure works is maximal, in accordance with technical norms in the
field of telecommunications and construction.
Chapter 7.
IMPLEMENTATION
PROVISIONS
Article 45. Effect of implementation
1. This Decree takes effect as from June 1, 2011.
2. This Decree replaces Decree No. 160/2004/NĐ-CP September 3, 2004 by
the Government detailing the implementation of some articles of the Ordinance
on Post and Telecommunications of telecommunications; regulations on investment
in telecommunications in Decree 121/2008/ND-CP of December 3, 2008 by the
Government on investment activities in the field of post and
telecommunications; telecommunications regulations in Decree 97/2009 / ND-CP on
the management of Internet services, management of the content of information
on the Internet.
3. Within two years from the date this Decree takes effect, enterprises
that have been granted a license of telecommunication inconsistent with the
provisions of this Decree shall perform procedures to apply for new license or
license exchange under the guidance of Ministry of Information and Communications.
4. Ministry of Information and Communications to coordinate with
relevant sectors/ministries to ask the Prime Minister to issue a list of
telecommunication enterprises and the duration for those telecommunication
enterprises to restructure the ownership of capital of the organization or individuals to ensure implementation of
the provisions in Clause 1, Article 3 of this Decree. Telecommunication
enterprises listed by the Prime Minister shall be responsible for making a plan
and implementing the restructuring of the capital ownership of organizations or
individuals in accordance with provisions by the Prime Minister.
Article 46. Organization of implementation
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The ministers, heads of ministerial-level agencies, heads of
Governmental agencies, President of Provincial People’s Committee or President
of centrally-affiliated cities and relevant organizations or individuals shall
be responsible for implementing this Decree.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung