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THE
GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
953/2000/QD-TCBD
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Hanoi,
October 17, 2000
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DECISION
PROMULGATING THE REGULATION ON TELECOMMUNICATION SERVICES ON
PUBLIC SWITCHED TELEPHONE NETWORKS (PSTN)
THE GENERAL DIRECTOR OF POST AND TELECOMMUNICATION
Pursuant to the Government’s Decree No.12/CP
of March 11, 1996 defining the functions, tasks, powers and organizational
structure of the General Department of Post and Telecommunications;
Pursuant to the Government’s Decree No.109/1997/ND-CP of November 12, 1997 on
Postal Services and Telecommunications;
At the proposal of the director of the Postal Policy Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the "Regulation on
Telecommunications Services on Public switched Telephone Network (PSTN)."
Article 2.- This
Decision takes effect 15 days after its signing.
Article 3.- The director
of the Office, the chief inspector, directors of the Departments for Postal
Policies, Economic Planning, Science, Technology and International Cooperation,
and heads of attached units of the General Department of Post and Telecommunications,
the general director of Vietnam Postal Services and Telecommunications
Corporation, the director of the Saigon Share-holding Postal and
Telecommunications Services Company, the Army Electronic Telecommunication
Company and the concerned telecommunications services-providing enterprises
shall have to implement this Decision.
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GENERAL DIRECTOR OF POST AND TELECOMMUNICATIONS
Mai Liem Truc
REGULATION
ON TELECOMMUNICATION SERVICES ON PUBLIC SWITCHED TELEPHONE
NETWORKS (PSTN)
(Promulgated together with Decision No. 953/2000/QD-TCBD of October 17, 2000
of the General Director of Post and Telecommunications)
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation
scope and objects
1. This Regulation prescribes the provision and use
of basic telecommunications services on public switched telephone networks
(PSTN), including telephone services, fax services, standard speech band data
transmission services (0.3-3.4 kHz) and supplemental services to the
above-named basic services (hereafter called collectively the fixed
telecommunications services).
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3. The relationships among the fixed
telecommunications services providers shall not be governed by this Regulation.
Article 2.- Term
interpretation
In this Regulation, the following terms shall be
construed as follows:
1. The public telephone networks are the fixed
public switched telephone networks (PSTN) established by telecommunications
services-providing enterprises to provide fixed telecommunications services on
the basis of the permits for establishing public telecommunications networks
and providing telecommunications services, granted by the General Department of
Post and Telecommunications.
2. Local or long-distance ranges (charge zones)
are the determined geographical ranges within which all calls are entitled to
the uniform application of local or long-distance charge levels set by the
General Department of Post and Telecommunications.
3. Two local or long-distance ranges (charge
zones) are called adjacent if they share boundary.
4. Subscribers are the service users at
registered addresses through services providing and using contracts signed with
service-providing units.
5. Subscriber’s house is a location with
definite address and range where the subscriber has the full power to use, as
prescribed by law, the subscribed terminal equipment which is installed under
the designation of the subscriber when signing the service providing and using
contract with a service-providing unit.
6. Local cable is the cable section stretching
from the main distribution frame (MDF) of the local switchboard to the cable
end box.
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8. The subscribed line box is the box used for
connecting the subscribed lines with the subscribed terminal equipment outlet.
9. The subscribed terminal equipment outlet is
the socket where the subscribed terminal equipment is connected with the
subscribed lines.
10. Fixed wireless subscription station (SS)
includes the antenna, the power source and the subscribed terminal equipment
installed at the subscribers house. The fixed subscription station is hooked up
to the local switchboard through the base station (BS) of the service-providing
units.
11. Private cables or lines are the cable or
line sections privately owned by the subscribers, installed by the subscribers
themselves or by organizations or individuals hired by the subscribers inside
the subscriber’s house to the end connection points of the public switched
telephone networks.
Article 3.- The State
management of fixed telecommunications service provision and use
1. The General Department of Post and
Telecommunications is the government body that performs the State management
function over the activities of providing and using fixed telecommunications
services throughout the country.
2. The regional Post and Telecommunications
Departments are agencies attached to the General Department of Post and
Telecommunications and performing the State management function over the activities
of providing and using fixed telecommunications services in the localities
under their respective management.
Article 4.- Establishing
networks, providing and using fixed telecommunications services
1. Telecommunications service-providing
enterprises are allowed to set up public switched telephone networks and
provide fixed telecommunications services in strict accordance with the
contents prescribed in the permits granted by the General Department of Post
and Telecommunications. The procedures to apply for the permits to set up
public switched telephone networks and provide fixed telecommunications
services shall comply with the provisions in Circular No.04/1998/TT-TCBD of
September 29, 1998 of the General Department of Post and Telecommunications.
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3. The telecommunications service-reselling
enterprises are entitled to directly purchase fixed telecommunications services
in form of flow purchase or capacity hiring through service purchase-sale
contracts signed with service-providing enterprises and to resell the services
they have purchased to service users in strict accordance with the contents
prescribed in the service resale permits granted by the General Department of
Post and Telecommunications. The procedures to grant the fixed
telecommunications service resale permits shall comply with the provisions in
Circular No.04/1998/TT-TCBD of September 29, 1998 of the General Department of
Post and Telecommunications.
4. The services users may lawfully use fixed
telecommunications services provided to them but must not deal in them
illegally. The service users shall have to manage the subscribed terminal
equipment and must not let other people use the subscribed terminal equipment,
means and provided services for purposes contrary to those already prescribed
in the service-provision and use contracts.
Article 5.- The parties’
rights and obligations in services provision and use
The rights and obligations of service providers,
services agents and service users are specified in Circular No.04/1998/TT-TCBD
of September 29,1998 of the General Department of Post and Telecommunications.
Chapter II
FIXED TELECOMMUNICATION
SERVICES
Article 6.- Basic
services
1. The basic services prescribed in this
Regulation shall include the telephone services, fax services and services of data
transmission in standard speech bands.
a) The telephone services are services for which
telephone equipment are used to transmit information in form of sound or sound
plus image (for videophone) in the standard speech bands through public
switched telephone networks without altering form or contents of the
information;
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c) The services of data transmission in standard
speech bands (hereinafter called data transmission services) are services for
which low-speed dialing modems (speed of <64Kb/s) are used to transmit
information in form of data in standard speech bands through public switched
telephone networks without altering form or contents of the information.
2. According to the service-providing locations,
the basic services prescribed in this Regulation shall include the services at
subscribers’ houses and the services at public places.
a) The services at subscribers’ houses are
services provided to the registered addresses of subscribers on the basis of
the subscribed terminal equipment installed at the subscribers’ houses and
hooked up to public switched telephone networks through the service-providing
and using contracts signed between the subscribers and the services providers.
The services at subscribers’ houses include:
- Subscribed telephone service;
- Subscribed fax service (telefax);
- Subscribed data transmission service.
b) Services at public places are the services
provided to the service users on the basis of terminal equipment installed at
public places by services providers. The public-place services shall include:
- Services with operators: public telephone,
bureau fax, public data transmission;
- Services without operators: telephone, fax and
data transmission for which the payment is made automatically with cards.
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a) The direct dialing services are the services
where the communications among terminal equipment or between terminal equipment
and the equipment for access to service networks through public switched
telephone networks are effected by mode of direct dialing (touch). The direct
dialing service shall include:
- The local direct dialing;
- The domestic long-distance direct dialing;
- The international direct dialing.
b) Via-operator services are the services where
the communications between terminal equipment or between terminal equipment and
equipment for access to service networks via public switched telephone networks
are effected by semi-automatic mode through the assistance of operators or
call-connect guiding equipment. The via-operator service shall include:
- The dialing service;
- The people-searching service;
- The invitation card service;
- The home country direct (HCD) service;
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- The collect call service;
- The information and consultancy provision service;
- Other services prescribed by the General
Department of Post and Telecommunications.
4. According to the service-providing scope, the
basic services prescribed in this Regulation shall include the local services,
the domestic long-distance services and international services:
a) The local services are services where
communications are established through public switched telephone networks
between terminal equipment or between the terminal equipment and the service network
access equipment within the same local range (charge zone);
b) The domestic long-distance services are
services where communications are established through public switched telephone
networks between terminal equipment or between the terminal equipment and the
service network access equipment lying in different local ranges (charge
zones);
c) The international services are services where
communications are established through public switched telephone networks
between terminal equipment or between the terminal equipment and the service
network access equipment with at least one terminal equipment or service
network access equipment being installed or registered for use in a foreign
country.
5. By payment mode, the basic services on public
switched telephone networks, prescribed in this Regulation, shall include the
advance payment services and the deferred payment services:
a) The advance payment services are services for
which the users pay charges to the service providers before using the services,
in form of prepaid calling card and the service charges shall be gradually
subtracted from the card till the end, depending on the communication range and
time;
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Article 7.- Supplemental
services
Supplemental services are services additionally
provided simultaneously with the basic services, thus creating favorable
conditions for the service users, enriching and further improving the basic
services on the basis of the technical properties of equipment or service
capacity of the service providers.
Chapter III
FIXED TELECOMMUNICATIONS
SERVICE PROVISION AND USE AT SUBSCRIBER’S HOUSES
SECTION 1.
SERVICE-PROVIDING AND USING CONTRACTS
Article 8.- Form and
venue for conclusion of contracts
1. A fixed telecommunication service-providing and
using contract (hereinafter called the service provision and use contract) is
the written agreement reached between the service provider and the service user
on the provision and use of fixed telecommunications services at the
subscriber’s house according to the provisions of law and the agreement reached
between the parties.
2. Depending on the purpose, legal status of the
service users, a service provision and use contract may be either an economic
contract or a civil contract, governed by corresponding legal documents.
3. The venue for conclusion of a service
provision and use contract shall be agreed upon by the service provider and the
service user according to the provisions of law.
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1. On the basis of the law provisions on
contracts and the regulations of the General Department of Post and
Telecommunications, the service providers shall have to elaborate and
promulgate the model service provision and use contracts for uniform
application within their respective units and report them to the General
Department of Post and Telecommunications.
2. Apart from the major contents prescribed in
the model contract, the contractual parties may mutually agree on other
contents in the contract, which, however, must not be contrary to law
provisions and must not infringe upon the State’s interests, public interests,
the legitimate rights and interests of other people.
Article 10.- Refusing
to sign contracts
Apart from the general provisions of law, the
service providers may refuse to sign service provision and use contracts in the
following cases:
1. The service provision cannot be realized due
to economic and/or technical conditions of the telecommunications networks or
equipment.
2. The service users have breached the
legislation on postal service and telecommunications according to the
conclusion of the competent State bodies and have failed to fulfill their
responsibility according to the handling conclusions of the documents.
3. The service users have failed to fulfill
their obligations to pay the prescribed service charges to other service
providers if there have been the written agreement thereon between the service
providers.
Article 11.-
Concluding, amending and transferring contracts
1. The service provision and use at subscribers’
houses must be effected through service provision and use contracts
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b) For users being individuals, the signatories
to the contracts must be the persons having full civil act capacity as
prescribed by law;
c) For users being agencies or organizations,
the signatories to the contracts must be the representatives at law or the
lawfully authorized representatives of such agencies or organizations.
2. Vietnamese Individuals, when concluding
contracts, shall have to produce one of the valid personal papers affixed with
their photos and embossed seals, granted by competent State bodies (people’s
identity cards, army men’s identity cards, police identity cards….). If deeming
it necessary, the service- providing units may request Vietnamese individuals
to additionally produce their household registration books or certification of
the police of wards or communes where they reside when entering into the
contracts.
3. Foreign individuals, when entering into the
service provision and use contracts shall have to produce their passports
together with their permanent residence cards or temporary residence
certification or temporary residence cards granted by competent State bodies.
4. For Vietnamese and foreign agencies and
organizations lawfully operating on the Vietnamese territory, the service
provision and use contracts must be signed by persons with full jurisdiction
prescribed at Point c, Clause 1 of this Article and be affixed with valid seals
as prescribed by law.
5. On the basis of law provisions and the
telecommunications regulations of the General Department of Post and
Telecommunications, the service providing units and the subscribers may agree
to amend and supplement the already signed contracts and settle arising matters
relating to such amendments and supplements.
6. Particularly for internal network owners
(subscribers with internal networks prescribed in Clause 3, Article 22), in
order to ensure the provision and use of telecommunications services to the
right subjects and for the right purposes, when concluding, amending or
supplementing the service provision and use contracts, the service providing
units may request the internal network owners to supply while the latter shall
have to supply the following relevant documents, materials and information:
a) The purpose of setting up the network and
using the services;
b) The network structure and scale;
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d) The number of the internal network members
(for charge-free internal networks).
7. When transferring whole or part of the
production and/or business tasks to another service-providing unit, the service-providing
unit shall have to transfer the continued performance of relevant contracts on
service provision and use.
a) Within 30 days before the transfer, the
transferring unit shall have to notify in writing the subscriber having
contractual ties therewith of the contents of the transfer and the transferee.
Within 10 days after receiving the notice, the subscriber having the
contractual ties with the transferring unit may unilaterally suspend the
performance of the contract and request the contract liquidation according to
the provisions of law. Within the above-mentioned time limit of 10 days, if the
subscriber does not request the contract liquidation, the transfer of contract
is considered having been accepted by the subscriber;
b) The transferee is obliged to perform the
transferred contract on service provision and use.
Article 12.-
Termination and unilateral suspension of contract performance
1. A service provision and use contract shall
terminate in the following cases:
a) Upon the agreement of the contractual
parties;
b) The term of the contract has expired while no
agreement on its extension is reached;
c) The contract is unilaterally suspended by the
service-providing unit under the provisions in Clause 2 of this Article;
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e) Other cases as prescribed by law.
2. The service- providing unit may unilaterally
suspend the contract performance when the subscriber:
a) Breaches the contractual terms, which have
already been agreed upon by the two parties to be the suspension conditions; or
b) Breaches the legislation on postal service
and telecommunications according to the written conclusions of the competent
State bodies and fails to fulfill their responsibility according to the
handling conclusion of the document.
When unilaterally suspending the contract
performance, the service-providing unit shall have to notify it in writing to
the subscriber 10 days before the suspension deadline.
3. The subscriber may unilaterally suspend the
contract performance when:
a) The service-providing unit breaches the
contractual terms, which the two parties have already agreed to be the
suspension conditions; or
b) The subscriber deems that the continued
performance of the contract is unnecessary or not useful.
When unilaterally suspending the contract
performance, the subscriber shall have to notify it in writing to the
service-providing unit 10 days before the suspension deadline.
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1. For cases of contract termination prescribed
at Point a, Clause 1, Article 12, the time for stopping the service provision
and use upon the contract termination shall be the time inscribed in the
contract, on which the two parties have agreed to terminate the contract.
2. For cases of contract termination prescribed
at Point b, Clause 1, Article 12, the time for stopping the service provision and
use upon the contract termination shall be the time when the valid term of the
contract has expired but no agreement on its extension is reached.
3. For cases of contract termination prescribed
at Point c, Clause 1, Article 12, the time for stopping the service provision
and use shall be:
a) The time set in the written notice on
unilateral suspension if the service-providing unit obtains the subscriber’s
certification that the latter has received the written notice before such
deadline; or
b) The time the service-providing unit obtains
the subscriber’s certification that the latter has received the written notice
on unilateral suspension, if the service-providing unit obtains such
certification after the deadline stated in the notice.
4. For cases of contract termination prescribed
at Point d, Clause 1, Article 12, the time for stopping the service provision
and use shall be:
a) The time set in the written notice on
unilateral suspension, if the subscriber obtains the service-providing unit’s
certification that it has received the written notice before such deadline; or
b) The time the subscriber obtains the
service-providing unit’s certification that it has received the written notice
on unilateral suspension, if the subscriber obtains such certification after
the deadline set in the written notice.
Article 14.- Contract
liquidation
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2. Upon the contract liquidation, the subscriber
and the service- providing unit shall have to settle all debts to each other,
which have been outstanding by the time of cessation of service provision and
use prescribed in Article 13.
SECTION 2. CHANGING
SERVICE-USING LOCATIONS, SERVICE-PROVIDING UNITS AND SUBSCRIBERS
Article 15.- Changing
the service-using venues
1. When changing the service-using venue to a
new place in the same province or centrally- run city, the subscriber shall have
to supplement the old contract or sign a new contract and pay the charge for
relocation of the service using venue according to the price and charge
management regulations of the Government and the General Department of Post and
Telecommunications.
2. When changing the service-using venue to a
new place in another province or another centrally-run city, the subscriber
shall have to fill in the procedures like the cases of new registration
(liquidation of old contract, signing of a new contract and payment of charge
for connection to the network at the new place).
Article 16.- Changing
the service-providing units
The subscriber may change the service-providing
unit. Upon such change, the subscriber shall have to liquidate the contract
with the former service-providing unit and sign the contract with the new
service-providing unit.
Article 17.- Changing
subscribers
If a subscriber wishes to transfer the service
use to another person without changing the service-using venue and the
subscription number, the service use- transferring subscriber shall have to
file a written proposal to the service-providing unit and liquidate the
contract, while the service use transferee shall have to sign a new contract
with the service-providing unit. In this case, the service-providing unit shall
not collect the network connection charge but may collect charges for the
service use transfer according to the price and charge management regulations
of the Government and the General Department of Post and Telecommunications.
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Article 18.- The
service- providing units suspend, stop and restore the service provision
1. If not otherwise agreed upon between the
service-providing unit and the subscriber, the service-providing unit is
entitled to:
a) Suspend the provision of part of the service
(excluding urgent services prescribed in Clause 3 of Article 53), if after the
charge payment deadline prescribed in the contract (in Clause 5 of Article 45)
the subscriber still fails to fully pay the service charge according to the
service charge payment notice or bill;
b) Suspend the provision of the entire service
(excluding the urgent services prescribed in Clause 3 of Article 53), if within
15 days after the partial suspension of service prescribed at Point a, Clause 1
of this Article, the subscriber still fails to pay or has not yet fully paid
the service charge according to the service charge payment notice or bill.
2. Within 60 days after the full service
suspension, if the subscriber has fully paid the service charge as provided for
at Clause 6 of Article 45 to the service-providing unit and requested the
resumption of service use, the service- providing unit shall have to restore
the service provision to the subscriber within 24 hours after the subscriber
has fully paid the service charge.
3. The service-providing unit unilaterally
suspend the contract performance and stop the service provision if within 60
days after the full service suspension the subscriber still fails to fully pay
the service charge. In this case, the subscriber shall still have to pay the
outstanding service charges, including the overdue debt interests and have to
refill in the procedures for new registration (liquidating old contract,
signing new contract and paying network connection charge), if having demand
for resumption of the service use.
4. The suspension and cessation of service
provision due to the subscriber’s failure to fully pay the service charge shall
not apply to the subscribed machines in direct service of emergency
communications prescribed in Clause 1 of Article 53.
5. In the course of service provision, the
service-providing unit shall have to temporarily halt the service provision for
the subscriber and at the same time report such to the General Department of
Post and Telecommunications and regional Post and Telecommunications
Departments for consideration and settlement according to regulations, if
detecting and having enough grounds to conclude that:
a) The subscriber has breached the regulations
in Clause 4, Article 4, on service use; or
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Article 19.- Subscribers
temporarily halt and restore the service use
1. The subscriber may request in writing the
suspension of full service use for a minimum duration of 30 days and a maximum
duration of 180 days. Upon receiving the request of the subscriber, the service-providing
unit shall temporarily halt the service provision and send a written reply to
the subscriber certifying the temporary halt of service provision therefor.
2. The subscriber may request in writing the
extension of the service use suspension duration, but the total number of days
for the successive suspensions must not exceed 180 days from the time the
service-providing unit issues the written approval of the first suspension.
3. During the service use suspension duration,
if the subscriber requests in writing the restoration of service use and has
fully paid the charges to the service-providing unit as prescribed by that
time, within 24 hours after receiving the written request of the subscriber,
the service-providing unit shall have to restore the service use for the
subscriber.
4. If the service use suspension duration agreed
upon by the two parties has expired and the subscriber make no written request
for the extension of such duration, the service-providing unit shall restore
the service provision for the subscriber and notify such in writing to the
latter. The subscriber shall have to pay the charge in full to the
service-providing unit as prescribed for from the time of service restoration.
5. If past the time limit of 180 days from the
deadline set in the service-providing unit’s
written approval of the first service use suspension the subscriber requests in
writing the extension of the service use suspension duration, depending on the
practical situation, the service-providing unit may accept or refuse the
above-said request of the subscriber. In case of refusal, the service-providing
unit and the subscriber shall effect the contract liquidation according to
regulations.
6. During the service use suspension duration,
the subscriber shall have to pay the service charges applicable to the service
use suspension duration to the service-providing unit.
SECTION 4. THE END
CONNECTION POINT OF PUBLIC SWITCHED TELEPHONE NETWORK
Article 20.- The
subscribed lines, trunk lines and end connection points of the networks
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2. The trunk lines are the wire or wireless
transmission lines connecting the local exchanges of the service-providing unit
with the multi-line subscribed terminal equipment (prescribed in Clause 1 of
Article 22) of the subscriber. According to the technical standards, the trunk
lines shall include:
a) Subscribed trunk lines;
b) Analogue trunk lines;
c) Digital trunk lines.
3. The end connection point of a public switched
telephone network is the point on a subscribed line or trunk line, connecting
the local exchange with the subscribed terminal equipment and determining the
boundary of economic and technical liabilities between the service-providing
unit and the subscriber.
Article 21.- The
position of the end connection point of network
1. For subscribed wire line, if not otherwise
agreed upon in the service provision and use contract, the position of the end
connection point of a public switched telephone network is determined as the
subscriber of:
a) The terminal box installed at the subscriber’s house if the conditions stated
at Point a above are not met; or
b) The subscribed line box installed at the
subscriber’s house if the
conditions stated at Point a above are not met; or
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2. For fixed wireless subscribed lines, if not
otherwise agreed upon in the service provision and use contract, the position
of the end connection point of the public switched telephone network is determined
as the subscriber of:
a) The outlet at the subscribed terminal
equipment set, if the subscribed terminal equipment is of fixed type; or
b) The original radio antenna of the
service-providing unit if the subscribed terminal equipment is of the mobile
type.
3. For wire trunk lines, if not otherwise agreed
upon in the service provision and use contract, the position of the end
connection point of the public switched telephone network is determined as the
subscriber of:
a) The terminal box installed at the subscribers house; or
b) The board (table) connecting wires of the
wire transmission equipment installed at the subscriber’s
house, if the conditions stated at Point a above are not met; or
c) The board (table) connecting wire on the main
distribution frame (MDF) of the multi-line subscribed terminal equipment
installed at the subscriber’s
house, if the conditions at Points a and b above are not met.
4. For wireless trunk lines, if not otherwise
agreed upon in the service provision and use contracts, the position of the end
connection point of the public switched telephone network is determined as the
subscriber of:
a) The board (table) connecting the wireless
transmission equipment installed at the subscriber’s
house; or
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SECTION 5.- THE SUBSCRIBED
TERMINAL EQUIPMENT AND INTERNAL NETWORKS
Article 22.- The
subscribed terminal equipment and internal networks
1. The subscribed terminal equipment of the
public switched telephone networks shall include the single-line subscribed
terminal equipment (telephones, videophones, fascimiles, low-speed dialing
modems or equipment with combined properties of the above-mentioned equipment)
and the multi-line subscribed terminal equipment (private automatic branch
exchange (PABX), equipment with call connecting function) installed at the
subscribers’ houses for use
of fixed telecommunication services.
2. Extensions are single-line subscribed
terminal equipment installed and hooked up to the multi-line subscribed
terminal equipment within the scope of the subscriber’s
house.
3. In this Regulation, the internal network is
the subscribed terminal equipment network, including multi-line subscribed
terminal equipment, extensions and private cable network connecting multi-line
subscribed terminal equipment with extensions, installed within the scope of
the subscriber’s house for
use of fixed telecommunications services.
4. According to the use purposes, the internal
networks are classified into the charge-free internal networks and charged
private internal networks:
a) The charge-free internal networks are the
internal networks established by the subscribers within the limit of the
subscriber’s house in order
to ensure the internal communications for network members without charge
collection. If the internal network subscribers (hereinafter referred to as the
internal network owners) are individuals, the network members are members of
family households and the internal network owners are the household masters or
the persons authorized by the household masters according to the provisions of
law. If the internal network owners are agencies or organizations, the status
of the network members shall be determined according to operation charters,
legal documents prescribing the organizational structures of such agencies and
organizations or other relevant legal provisions.
b) The charged internal networks are the
internal networks set up by network owners to provide fixed telecommunications
services to service users within the limit of the subscribers’ houses and charges are
collected from the service users according to the regulations of the Government
and the General Department of Post and Telecommunications.
Entitled to set up charged internal networks
shall be tourist accommodation establishments (hotels, tourist villages,
villas, tourist apartments; tourist camping sites, etc.), inns, guest houses,
restaurants, licensed for business or operation under the provisions of law and
other cases stipulated by the General Department of Post and
Telecommunications.
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6. Subscribed terminal equipment with radio wave
radiation, if being used on public switched telephone networks, apart from the
provisions in Clause 5 above, must comply with the provisions in Circular
No.05/1999/TT-TCBD of October 6, 1999 of the General Department of Post and
Telecommunications and other relevant regulations of the General Department of
Post and Telecommunications on management and granting of permits for use of radio
frequencies and radio transmitters.
Article 23.- Equipping,
designing and installing subscribed terminal equipment and internal networks
1. The equipping, designing and installation of
subscribed terminal equipment and internal networks must comply with procedures
and regulations of the State as well as the General Department of Post and
Telecommunications regulations on
construction and installation of network projects and telecommunications
equipment.
2. The subscribers may purchase by themselves
terminal equipment or hire the terminal equipment of service-providing units.
3. For single-line subscribed terminal
equipment, the subscribers may themselves design and install or hire other
organizations or individuals to design and install them in the subscribers’ houses to the end connection
points of the public switched telephone networks provided that each subscribed
line shall be connected with 01 subscribed terminal equipment. Where more than
01 terminal equipment shall be installed on each subscribed line, the
subscriber shall have to apply technical measures to ensure the connection
techniques and service quality norms prescribed by the General Department of
Post and Telecommunications.
4. For charge-free internal networks, the
network owners may themselves design and install or hire other organizations or
individuals to design and install them within the range from the subscribers’ houses to the end connection
points of the public switched telephone network.
5. For charged internal networks, the network
owners shall have to hire organizations or individuals with certificates of
business registration for telecommunication network construction and equipment
designing and installation to design and install them within the range from the
subscriber’s house to the
end connection points of the public switched telephone network.
Article 24.-
Maintenance and repairing subscribed terminal equipment and internal networks
1. The subscribers may themselves undertake the
maintenance and repair of the subscribed terminal equipment and internal
networks being their property or hire other organizations or individuals to do
such work.
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Article 25.- Hooking up
subscribed terminal equipment, internal networks
1. Single-line subscribed terminal equipment
shall be hooked up to local switchboards of public switched telephone networks
by subscribed lines.
2. Multi-line subscribed terminal equipment
shall be hooked up to local switchboards of public switched telephone networks
by trunk lines.
3. The connection of terminal equipment and
internal networks to public switched telephone networks shall be effected by
service-providing units through service provision and use contracts. The
network hook-up performed by service-providing units shall include:
a) Laying and connecting the subscribed line
section or trunk line from the end connection point of a public switched
telephone network to the local switchboard of the service-providing unit;
b) Programming the switchboard in order to
provide numbers and signals to the subscribed line or trunk line of the
internal network;
c) Testing call connection and testing services
inscribed in the contracts through the subscribed line or trunk line of the
internal network;
d) Making pre-acceptance test and hand-over
report.
4. In addition to the regulations stated in Clause
3 of this Article, when hooking an internal network to the public switched
telephone network, the service-providing unit shall have to coordinate with the
subscriber in testing the measurement and quality of call connection, services
and interface connection technical standards of the internal network.
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a) Fail to ensure the right purposes of using
the telecommunication services as prescribed in the contracts; or
b) Fail to satisfy the technical standards
prescribed by the General Department of Post and Telecommunications; or
c) Cause unsafety for the public switched
telecommunications networks, service providers and users.
6. In case of disagreement with the refusal to
hook up the subscribed terminal equipment and/or internal networks to the
public switched telephone networks and with the requests of the
service-providing units, the subscribers and internal network owners may
request the General Department and Regional Departments of Post and
Telecommunications to consider and settle their cases according to regulations.
7. The charge-free internal networks whose
owners are individuals (the internal networks of family households) and the
charged internal networks are not allowed to hook up directly to privately
subscribed domestic and international channels.
8. For the subscribed terminal equipment and
internal networks having been hooked up to privately subscribed domestic and
international channels, the subscribers shall have to use the subscribed
terminal equipment and internal networks for the right purposes inscribed in
the contracts. The subscribers must not use or permit other people to use the
subscribed terminal equipment and internal networks to relay by any mode
(automatic or manual) all calls from terminal equipment not of their own or
terminal equipment outside the internal networks through private subscribed
channels and vice versa (both drections).
9. The subscribed terminal equipment installed
in any local range (charge zone) may be hooked up to the local switchboards in
that local range (charge zone). The service-providing units may hook up the
subscribed terminal equipment to the local switchboards of the adjacent local
range (charge zone) if the subscribers so request or agree and the economic and
technical conditions permit the service-providing units to perform such
hook-up.
SECTION 6. GRANTING AND
USING SUBSCRIPTION NUMBERS
Article 26.-
Subscription numbers
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2. For single-line subscribed terminal
equipment, each subscribed line shall be given a subscription number of the
public switched telephone network.
3. For multi-line subscribed terminal equipment:
a) Each subscribed trunk line is given a
subscription number of the public switched telephone network;
b) Each digital trunk line and analogue trunk
line is given one subscription number or a group of subscription numbers of the
public switched telephone network.
4. Except special cases prescribed separately by
the General Department of Post and Telecommunications, the numbers of extension
telephones of an internal network are stipulated as follows:
a) The extension numbers which are not covered
by the numbering zone of the public switched telephone network shall be
stipulated by the internal network owners themselves.
b) The extension numbers which are covered by
the numbering zone of the public switched telephone network and subleased by
the internal network owners from the service-providing units shall comply with
the regulations on management of numbers store as well as the management of
prices and charges, issued by the Government and the General Department of Post
and Telecommunications.
Article 27.- Changing
subscription numbers
1. Where the service-providing units take
initiative in changing the subscription numbers according to the numbering plan
and the network development plan, which have already been approved by competent
authorities, the service-providing units shall have to inform the subscribers
60 days in advance of the time and necessary information on the number change
plan, guide the subscribers in using the services after the number change and
bear all costs of the number change but shall not bear the responsibility for
any indirect losses caused to the subscribers by the number change.
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Article 28.- Keeping
intact subscription numbers
1. Where a subscriber changes the registered
location for service use to a new location of the same province or
centrally-run city and requests the keeping intact of his/her subscription
number, if the technical conditions permit, the service-providing unit shall keep
intact the subscription number and the subscriber shall have to pay charge for
keeping the subscription number in tact to the service-providing unit according
to the price and charge management regulations of the Government and the
General Department of Post and Telecommunications.
2. Where a subscriber changes the
service-providing unit but not the registered location for service use and
requests the keeping in tact of subscription number, if technical conditions
permit, the former service-providing unit and the new service-providing unit
shall coordinate in effecting the keeping in tact of subscription number, while
the subscriber shall have to pay charge therefor to the new service-providing
unit according to the price and charge management regulations of the Government
and the General Department of Post and Telecommunications. The new
service-providing unit shall have to pay the expenses related to the keeping
intact of the subscription number to the former service-providing unit
according to the agreement reached between the two parties.
Article 29.-
Public-telephone directory
1. The public-telephone directory is a
collection of information relating to the names and addresses of subscribers,
subscription numbers and other relevant information (if any), archived in form
of traditional publication or electronic publication (books, CD-ROM discs,
etc.) and printed, distributed and managed by the service-providing units
according to the regulations of the General Department of Post and
Telecommunications.
2. The subscribers may register or refuse to
register their subscription numbers into the public-telephone directories. If
the subscribers refuse to register their subscription numbers in the telephone
directories, the service-providing units shall have to keep secret the
information related to such subscribers, except for cases prescribed in Clause
1, Article 51 of this Regulation.
Article 30.- Assistance
in consulting subscription numbers
1. The service on assistance in consulting the subscription
numbers of the public switched telephone networks is the telephone service
provided by the service-providing unit to help service users consult the local
subscription numbers managed by the unit and registered in the public telephone
directories. When a service user dials the subscription number-consulting
service telephone number of the service-providing unit and request information
on the name, address of a subscriber, he/she shall be informed of the to be-
consulted local subscription number.
2. The General Department of Post and
Telecommunications stipulates the subscription number-consulting service
telephone numbers of the public switched telephone network in the national
numbering plan. The service-providing units shall have to inform such numbers
to the service users, publish in the public-telephone directories and announce
on the mass media the subscription number-consulting service telephone numbers
prescribed by the General Department of Post and Telecommunications.
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a) Organizing the implementation by themselves;
or
b) Entrusting other service-providing units to
implement it through contracts signed with such units.
Article 31.- Reporting
failure of subscription numbers
1. The service for reporting failure of
subscription numbers of the public switched telephone network is the telephone
service provided by the service-providing units, which helps the service users
inform such units of the abnormal operation or communication failure of local
subscription numbers managed by the units and request the remedy therefor.
2. The General Department of Post and
Telecommunications stipulates the failure informing service telephone numbers
in the national numbering plan. The service-providing units shall have to
inform such numbers to the service users, publish in the public-telephone directories
and announce on the mass media the failure informing service telephone numbers
prescribed by the General Department of Post and Telecommunications.
3. The service-providing units shall have to
provide the accessibility and exempt charges for failure informing service of
the public switched telephone network for the service users.
4. The service-providing units shall have to
ensure the time for fixing the broken subscription numbers according to the
standards already registered with the General Department of Post and
Telecommunications.
Chapter IV
PROVIDING AND USING
FIXED TELECOMMUNICATIONS SERVICES AT PUBLIC PLACES
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1. The service-providing units may establish
public service-providing locations with operators to meet the demands of
service users.
2. The service-providing units shall have to
post up publicly, accurately and clearly the service time, the current service
charge rates and necessary use instructions at public places with operators.
3. The service users at public places with
operators must strictly adhere to the regulations of the service-providing
units, the guidance of transaction personnel and fully pay the service charges
as prescribed.
4. The service-providing units may refuse to
provide services at public places if the service users violate the legislation
on postal services and telecommunications.
Article 33.- Providing
and using services at public places without operators
1. Depending on the practical conditions, the
service-providing units may arrange and install public telephone cabins
provided that:
a) The locations for installation of telephone
cabins are convenient for service users and do not affect the public beauty,
public order and surrounding environment;
b) The logo of each service-providing unit on
telephone cabins must be uniform nationwide;
c) Posted up in the telephone cabins must be the
service use instructions as well as the telephone service numbers of the
public-telephone network for urgent calls or subscription number consultation.
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3. The service users shall have to strictly
adhere to the rules and service use regulations and instructions posted up at
service-providing locations without operators.
4. To strictly forbid acts of:
a) Making fake phone cards, using fake phone
cards to make calls;
b) Destroying or using for wrong purposes public
telephone cabins
Chapter V
PROVIDING AND USING
FIXED TELECOMMUNICATIONS SERVICES THROUGH OPERATORS
Article 34.-
Responsibility to provide services through operators
1. The telecommunication service-providing enterprises
which set up networks to provide domestic long-distance and international
service shall have to provide services of dialing numbers through operators as
prescribed at Point b, Clause 3 of Article 6.
2. Apart from the above-stipulated number dialing
service, depending on the practical conditions, the service-providing units may
organize the service provision through other operators.
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1. The telephone operators shall have to carry
out the procedures to receive registration for via-operator telephone services,
update information related to calls on professional prints or computers,
connect calls strictly according to the operation process prescribed by the
service-providing units.
2. The telephone operators shall have to
absolutely keep secret all calls, must not inquire into or disclose the
information contents of calls.
3. The telephone operators must provide highly
responsible, polite, proper and cooperative services be willing to provide the
use instructions for service users, must not receive or transfer on service
users’ behalf telephone
messages except for special cases to be separately stipulated.
4. The time limit for registration for
via-operator telephone services shall be valid till the call finishes.
Chapter VI
FIXED TELECOMMUNICATIONS
SERVICE CHARGES
Article 36.- Management
of service charges
The management of fixed telecommunications
service charges shall comply with Decree No.109/1997/ND-CP of November 12, 1997
of the Government on Postal Service and Telecommunications, Decision
No.99/1998/QD-TTg of May 26, 1998 of the Prime Minister on the management of
postal and telecommunications service charges and Circular No.03/1999/TT-TCBD
of May 11, 1999 of the General Department of Post and Telecommunications.
Article 37.- Management
of charge- calculating system
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2. The service-providing units and charged
internal network owners shall have to register the inspection of the charge-
calculating system according to the regulations of the General Department of
Post and Telecommunications as well as competent State bodies.
3. In order to ensure the settlement of service
users’ complaints and to
meet the examination and inspection requirements of the General Department of
Post and Telecommunications as well as competent State bodies, the service-
providing units shall have to archive the original charge calculation data of
the switchboards for at least 180 days.
Article 38.- The
principles for determining the communication duration, range (charge zone) and
charge-calculating units
1. The time of establishing communication is the
time when the called party picks up the handset and reply or when there appears
signal of picking up handset for automatic reply from terminal equipment
(telephone equipment with information function, recording function, private
branch exchanges, etc.) or when the call is transferred to speech mail box. The
time of ending the communication shall be the time the switch board receives
the signal of handset placing by the caller or the signal of handset placing by
the called party according to the technical signal criteria of the General
Department of Post and Telecommunications. The duration of a service user’s communications shall be
counted from the time the communications are established till the time the
communications end.
The service-providing units shall have to
program the charge calculation for service users on the principle of
determining the communication duration prescribed above.
2. The General Department of Post and
Telecommunications shall prescribe and make public the local range (charge
zones), domestic long-distance range (charge zone).
3. The General Department of Post and
Telecommunications shall prescribe and make public the initial charge
calculating units and subsequent charge calculating units for the basic
services.
Article 39.- Service
charges at subscribers’
houses
1. The service charges at the subscribers’ houses are the charges to be
paid by the subscribers to the service-providing units for use of
telecommunication services through service provision and use contracts.
Regardless of service types, the service charges at subscribers’ houses shall include:
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b) Subscription charge;
c) Communications charge (if any);
d) Supplemental service charge (if any).
2. The network hook-up charge is the charge
which a subscriber shall have to pay to the service-providing unit when the two
parties sign a contract for installation, hook-up and use of the subscribed line
or trunk line. The network hook-up is stipulated in Clause 3, Article 25 of
this Regulation.
3. The subscription charge is stipulated
according to the following principles:
a) The subscription charge is calculated for
each subscribed line and a trunk line. Depending on the mode of connecting the
subscribed terminal equipment to the public switched telephone network and the
trunk line capacity, the subscription charge is prescribed at various level:
- The subscription charge for the subscribed
line and the subscribed trunk line;
- The subscription charge for the analogue trunk
line;
- The subscription charge for the numbering
trunk line.
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c) The distant subscription charge includes the
channel subscription charge and the subscription charge;
d) If not otherwise agreed upon between the
service-providing unit and the subscriber, the subscription charge shall be
paid once a month;
e) If the time for service use is not in a full
month, the subscription charge for such month shall be calculated as follows:
(The monthly subscription charge/30 days) X N
days
N is the number of days counting from the time
the service-providing unit hands over the communication apparatus to the
subscriber to the last day of the month or the number of days from the first
day of the month to the day of stopping the service provision and use.
4. The communication charge for local service is
stipulated on the basis of the communication time according to the following
principles:
a) When making the direct dialing, the
subscriber shall pay the communication charge for the first local
charge-calculating unit which is the minimum communication time of a call and
for subsequent charge-calculating units (if any). The odd part of the last
charge-calculating unit shall be rounded into a charge-calculating unit;
b) Calls made within a local charge zone shall
all be subject to a uniform charge level regardless of the communication
distance.
5. The domestic long-distance communication
service charges are prescribed on the basis of communication duration,
exploitation mode and long-distance charge zones according to the following
principles:
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b) When dialing through operators, the
subscriber shall pay charge for the first long-distance charge-calculation unit
which is the minimum communication duration for a call via operator and for
subsequent charge-calculating units (if any). The odd part of the subsequent
charge-calculating unit shall be rounded into a charge-calculating unit;
c) All calls within a long-distance charge zone
(local calls) shall be entitled to a single charge level regardless of the
communication distance;
d) Calls between long-distance charge zones
(inter-zone calls) shall be liable to different charge levels according to
charge zones.
6. The international telecommunication service
charges shall be prescribed on the basis of communication time, exploitation
modes and the called countries according to the following principles:
a) When making a direct dial, the subscriber
shall pay communication charge for the first international charge-calculating
unit which is the minimum communication time for each call and for subsequent
charge-calculating units (if any). The odd part of the subsequent
charge-calculating unit shall be rounded into a charge-calculating unit.
7. The charged internal network owners may
collect from the service users at the subscriber’s
house the communication charges and supplemental service charges (if any) and
have to pay to the service-providing units the subscription charges,
communication charges, supplemental service charge (if any) strictly according
to the regulations of the General Department of Post and Telecommunications.
Owners of some charged internal networks may
collect from service users surcharges in addition to communication charge and
supplemental service charges. The Government shall stipulate the charged
internal networks entitled to collect surcharge and the surcharge levels.
8. The owners of charged internal networks shall
have to report to, and submit to the inspection and examination by, the General
Department of Post and Telecommunications and competent State bodies on the
collection of charges from the service users at the subscribers’ houses.
Article 40.- Service
charges at public places
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a) Public telephone service charge;
b) Public fax service charge;
c) Public data transmission service charge.
2. The service charges at public places with
operators are the charges to be paid by the service users to the service-providing
units immediately after using the services at the public places. The charge for
services with operators shall include:
a) Communication charge;
b) Service charge (if any);
c) Supplemental service charge (if any).
3. The card telephone service charges are the
communication charges paid through automatic deduction from cards of the amount
of money to be paid by the service users to the service-providing units for the
first charge-calculating unit being the minimum communication time for each
call and for subsequent charge-calculating units (if any). The odd fraction of
the subsequent charge-calculating shall be rounded into a charge-calculating
unit.
Article 41.-
Communication charges for telephone services at public places
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Article 42.-
Communication charges for bureau fax
The bureau fax charges are stipulated on the
basis of the number of fax pages and the communication range according to the
following principles:
1. The users shall pay charge for the first A4
standard page (ISO) which is the minimum charge-calculating unit for each
service use and the subsequent A4 pages (if any). The odd fraction of the last
A4 page shall be rounded into one A4 page. Where a user sends fax pages of size
smaller than A4 size, such fax pages shall be liable to the same charge for A4
fax pages;
2. The local communication charges shall apply
according to the principles prescribed at Point b, Clause 4, Article 39 of the
Regulation;
3. The domestic long-distance communication
charges shall apply according to the principle prescribed at Points c and d,
Clause 5, Article 39 of the Regulation;
4. The international communication charges shall
be prescribed on the basis of the called countries.
Article 43.- The
communication charges for data transmission services at public places
The communication charges for data transmission
services at public places shall be prescribed on the basis of the communication
range according to the following principles:
1. The local communications charges shall apply
according to the principles prescribed at Point b, Clause 4, Article 39 of the
Regulation;
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3. The international communication charges shall
be prescribed on the basis of the called countries.
Article 44.- Charges
for via- operator telephone services
1. The charges for via-operator telephone
services shall include:
a) Communication charge;
b) Supplemental service charge (if any);
c) Service charge (if any).
2. The communication charges for via-operator
telephone services are prescribed according to the following principles:
a) The communication charges shall not depend on
whether the services are provided at subscribers’
houses or public places;
b) The service users pay communication charges
according to the regulations at Point b of Clause 5, Point b of Clause 6 of
Article 39 of the Regulation.
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1. The service-providing units shall have to
make charge payment invoices accurately, fully and promptly for subscribers
according to law provisions on invoice and voucher regime.
2. The service charge payment invoices must accurately,
fully and clearly reflect at least the following contents:
a) The subscription charge;
b) The charge for each type of fixed
telecommunication service;
c) The total payable charge;
d) The exchange rate between the foreign
currency in which the charges are collected VND (if any);
e) The value-added tax (VAT).
3. For making monthly invoices according to
contracts, except where the subscribers do not request the printing, the
service-providing units shall have to supply the list of items entitled to
single charge exemption together with the invoices to the subscribers for:
a) Domestic long-distance calls;
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c) Calls into mobile phone networks.
4. If not otherwise agreed upon between the
service-providing units and the subscribers, the detailed lists enclosed to the
service charge payment invoices supplied to the subscribers as stipulated above
must contain at least the following information on each charged call:
a) Date of making the call;
b) The starting time and the ending time (or the
starting time and the total duration) of the call;
c) The other number (international call: the
country code, area code, subscription number; domestic call: area code;
subscription number);
d) The money amount calculated for each call.
5. If not otherwise agreed upon between the
service-providing units and the subscribers, the charge payment time limit is
prescribed as 15 days from the date the subscribers receive the charge payment
invoices or the first charge payment notice.
6. The service users shall have to pay service
charges in full and on time to the service-providing units strictly according
to the regulations of the General Department of Post and Telecommunications,
the contractual terms and the charge payment invoices. In case of failure to
make the payment on time, apart from the payable service charges as prescribed,
the service users shall also have to pay the interests on overdue debts for
each day of late payment on the total amount of deferred payment to the service
providing units. The interest rate on late payment shall comply with the
current regulations of the State Bank of Vietnam.
Chapter VII
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Article 46.- The
technical standards of public switched telephone networks
The establishment and exploitation of the public
switched telephone networks must comply with the technical standards
promulgated by the General Department of Post and Telecommunications or
Vietnamese standards, recommended international standards announced by the
General Department of Post and Telecommunications for compulsory application.
Article 47.- The
technical standards of terminal equipment
The terminal equipment installed and used on the
public switched telephone network must comply with the technical standards
promulgated by the General Department of Post and Telecommunications or
Vietnamese standards, recommended international standards already announced by
the General Department of Post and Telecommunications for compulsory
application.
Article 48.- Fixed
telecommunications service quality standards
1. The service-providing units shall have to
register with the General Department of Post and Telecommunications and
publicize the quality standards of the fixed telecommunications services they
provide. The service quality standards registered and announced by the service
providing units must not be lower than the " quality standards of the
telecommunication services on the public switched telephone network" promulgated
by the General Department of Post and Telecommunications (TCN 68- 176:1998).
2. The service-providing units shall have to
strictly comply with the committed provisions on service quality they have
announced and prescribed in the contracts signed with the service users.
3. The charge calculation and the making of
charge payment invoice for service users must comply with the standards
promulgated by the General Department of Post and Telecommunications or
Vietnamese standards, recommended international standards announced by the
General Department of Post and Telecommunications for compulsory application.
4. The service-providing units shall have to
report to the General Department of Post and Telecommunications regularly or
irregularly on the quality of the provided telecommunications services on the
public switched telephone network according to the regulations of the General
Department of Post and Telecommunications and submit to the inspection and
examination of the network and equipment standards as well as the service
quality by the General Department of Post and Telecommunications and the
competent State bodies.
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NETWORK SAFETY AND
INFORMATION SECURITY
Article 49.-
Responsibility to ensure the network safety
1. The public switched telephone network is the
national means for communications and information, which must be protected and
not be infringed upon by anyone. Protecting the public switched telephone
network is the responsibility of all agencies, organizations and individuals.
2. The service-providing units shall have to
coordinate with local administrations and armed forces units in protecting the
safety of the public switched telephone networks they have established and
exploited.
3. The service agents and service users shall
have to protect the subscribed private cables and terminal equipment, actively
participate in the protection of the public switched telephone network, and at
the same time inform the service-providing units or competent State bodies of
acts of sabotaging the public switched telephone networks.
4. The service-providing units, service agents
and service users are subject to the inspection and examination of the network
safety by the competent State bodies.
Article 50.-
Responsibility to ensure information security
1. The confidentiality and security of
information on the public switched telephone networks shall be ensured under
the Constitution and laws of the Socialist Republic of Vietnam.
2. The examination of the public switched telephone
network operations and the information of agencies, organizations and
individuals on the networks must be conducted by the competent State bodies
according to the provisions of law.
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4. At the request of competent State bodies, the
service-providing units, service agents and service users shall have to closely
coordinate therewith and ensure necessary conditions for such agencies to
inspect and control the information on the public switched telephone networks
according to the provisions of law.
5. The service users shall take responsibility
before law for the contents of the information they have transmitted on the
public switched telephone networks.
6. The service-providing units, service agents
and service users shall be subject to the inspection and examination by the
competent State bodies regarding the assurance of security for information on
the public switched telephone networks.
Article 51.- Keeping
confidential of information
1. The service-providing units shall have to
keep confidential all information relating to the service users such as names,
addresses, telephone numbers, flows, except the following cases:
a) The users agree to publicize the
above-mentioned information;
b) The service-providing units mutually agree in
writing on the exchange of information on the service users who violate the
legislation on postal service and telecommunications, or fail to fulfill their
obligation of paying charges for the services they have used according to
regulations;
c) When so requested by competent State bodies
according to the provisions of law.
2. To strictly forbid the acts of:
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b) Appropriating, canceling, tearing open,
exchanging or disclosing the contents of, telegraphs of other persons.
3. The Party agencies and State bodies at all
levels, armed forces units, foreign diplomatic missions and representations of
international organizations enjoying the diplomatic status may use ciphers in
their messages. Other subjects wishing to use ciphers in their message shall
have to make registration with and obtain permission from competent State
bodies.
Chapter IX
PROFESSIONAL CONTACTS
AND URGENT CONTACTS
Article 52.-
Professional contacts
1. The service-providing units are allowed to
use domestic and international professional contacts through public switched
telephone networks set up by themselves to discuss and settle matters related
to the work of management and administration of exploitation, technical and
professional treatment.
2. The service-providing units shall have to
prescribe the use subjects, scope and extent and promulgate the regulations on
management of professional contacts within their units.
3. To exempt service charges for operational
apparatus of the service- providing units.
Article 53.- Urgent
contacts
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a) Preventing and combating floods, storms,
fires, natural disasters;
b) Emergency and combat against human epidemics;
c) Urgent information on defense, security,
d) Information on salvage and rescue of
aircraft, ships in distress;
e) Other public-utility urgent information.
2. In the above-mentioned urgent cases, the
General Director of Post and Telecommunications shall decide to mobilize part
or whole of the public switched telephone networks for the service of these
urgent requirements.
3. Urgent services on public switched telephone
networks are the telephone services used for dialing urgent telephone numbers
of the police, fire-brigades, health bodies and other agencies prescribed by
the General Department of Post and Telecommunications.
4. The General Department of Post and
Telecommunications shall prescribe the urgent service telephone numbers in the
national numbering plan. The service-providing units shall have to inform the
users, publish in the public telephone directories and announce on the mass
media the urgent service telephone numbers prescribed by the General Department
of Post and Telecommunications.
5. The service-providing units shall have to
provide the accessibility and exempt charges for the urgent services on the
public switched telephone networks for the service users.
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COMPLAINTS AND CHARGE
REIMBURSEMENT
Article 54.- The right
to lodge complaints
1. The service users may lodge their complaints
in person or through their lawful representatives about violations committed by
service-providing units in providing services with such units or competent
State bodies.
2. The service-providing units may lodge their
complaints about violations committed by service users which have affected
their operation and caused losses for their units with competent State bodies.
3. The complaints must be made in writing. The
complainants shall have to supply papers and evidences relating to the
complaints and bear responsibility for the contents of their complaints.
4. In the course of complaint, the complainants
shall still have to fulfill the obligation of financial payment according to
the provisions of law or the agreement reached between the parties.
Article 55.- Statute of
limitation for complaint
1. The statute of limitation for service users complaints about administrative
violations by the service-providing units is stipulated as follows:
a) The statute of limitation for complaints
about charges shall be 01 month from the date of receiving the first charge
payment notice or bill, if the services are used at subscribers houses; or 01 month after the charge
payment, if the services are used at public places;
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c) The statute of limitation for complaints
about charges or service quality norms relating to foreign countries shall
comply with the international agreements which Vietnam has signed or acceded
to.
2. The statute of limitation for the
service-providing units’
complaints about violations committed by service users is stipulated as
follows:
a) The statute of limitation for complaints
about charges shall be 01 months from the time of charge payment prescribed in
Clause 5 of Article 45, if the services are used at subscribers’ houses; or 01 month from the
date of service charge payment, if the services are used at public places.
b) The statute of limitation for complaints
about other violations shall be 03 months as from the date the violations are
committed.
3. Except for special cases prescribed by the
General Department of Post and Telecommunications, the complaints must not be
settled after the expiry of statute of limitations.
Article 56.- Addresses,
order and time limits for settling complaints
1. The service-providing units shall have to inform
the service users of the addresses for settlement of complaints so that the
service users may file their complaints there. In case of changing the
complaint-settling addresses, the service-providing units shall have to inform
the service users of new addresses 01 month in advance.
2. The order and time limit for settling service
users’ complaints about
violation acts committed by the service-providing units are stipulated as
follows:
a) The service-providing units shall have to
notify in writing the receipt of complaints to the service users within 48
hours after the receipt of written complaints;
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3. If the service users disagree with the
complaint settlement by the service-providing units, they may, within 01 month
after receiving the notice on results of complaint settlement, lodge their
complaints with:
a) The immediate superior managing units of the
service-providing units which have settled the complaints for further
settlement. The time limit for settlement of further complaints by the
immediate superior managing units shall be 02 months from the date such units
receive the written complaints of the service users; or
b) The General Department of Post and
Telecommunications or regional Departments of Post and Telecommunications for
consideration and settlement according to the order and within the time limits
prescribed by law or initiate lawsuits at courts for settlement according to
the procedures prescribed by law.
4. The order and time limit for settling the
service-providing units’
complaints about violation acts committed by service users are stipulated as
follows:
a) The service-providing units’ written complaints shall be
addressed to the General Department of Post and Telecommunications or regional
Departments of Post and Telecommunications. The above-mentioned agencies shall
settle complaints and notify the results thereof to the service- providing
units according to the order and within the time limit prescribed by law; or
b) The service-providing units may initiate
lawsuits at courts for settlement according to the procedures prescribed by
law.
Article 57.- Charge
reimbursement
If due to their faults, the service-providing
units fail to ensure the service quality standards already announced or agreed
upon in the contracts, they shall have to refund part or whole of the collected
charges.
Chapter XI
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Article 58.- Inspection
and examination
1. The service-providing units, service agents
and service users shall be subject to the examination and inspection by the
General Department of Post and Telecommunications regarding the provision and
use of telecommunication services on the public switched telephone networks
according to the provisions of law.
2. The examined or inspected service-providing
units, service agents and service users shall have to accurately supply
information and necessary documents relating to the inspection or examination
contents and create conditions for the inspection, examination teams to perform
their tasks; to strictly abide by decisions of the inspection, examination
teams.
Article 59.- Handling
violations
All violations in the provision and use of
telecommunication services on the public switched telephone networks shall be
handled according to Decree No. 79/CP of June 19, 1997 of the Government on
sanctioning the administrative violations in the field of State management over
postal services, telecommunications and radio frequencies, or be examined for
penal liability according to the provisions of law.
Chapter XII
IMPLEMENTATION
PROVISIONS
Article 60.-
Organization of implementation
1. Based on this Regulation, the
service-providing units shall have the responsibility to:
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b) Disseminate the Regulation and relevant
documents to their member units, service agents and service users and guide
them in the implementation thereof.
2. If in the course of implementation any
problems arise, the service- providing units, the service agents and service
users shall report them to the General Department of Post and
Telecommunications for consideration and settlement according to regulations.
Article 61.-
Implementation effect
This Regulation takes effect for implementation
from November 2, 2000. All previous stipulations contrary to this Regulation
are annulled.