|
GOVERNMENT OF VIETNAM
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 295/2025/ND-CP
|
Hanoi, November 15, 2025
|
DECREE
ELABORATING LAW ON TELECOMMUNICATIONS REGARDING PUBLIC-UTILITY
TELECOMMUNICATIONS ACTIVITIES AND FINANCIAL MECHANISMS FOR IMPLEMENTATION OF
PUBLIC–UTILITY TELECOMMUNICATIONS ACTIVITIES
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Telecommunications No. 24/2023/QH15;
At the request of the
Minister of Science and Technology of Vietnam;
The Government of
Vietnam hereby promulgates the Decree elaborating the Law on Telecommunications
regarding public-utility telecommunications activities and financial mechanisms
for the implementation of public-utility telecommunications activities.
Chapter
I
GENERAL
PROVISIONS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
This Decree elaborates on
public-utility telecommunications activities and the financial mechanisms for
implementing public-utility telecommunications activities as prescribed in
Clauses 1 and 2 Article 32 of the Law on Telecommunications.
Article
2. Regulated entities
This Decree applies to
state agencies, organizations, and individuals that directly participate in or are
related to public-utility telecommunications activities in Vietnam in
accordance with the Law on Telecommunications.
Article
3. Interpretation of terms
1. Disadvantaged areas
eligible for telecommunications service universalization refer to those specified
in Point a Clause 3 Article 31 of the Law on Telecommunications, where
telecommunications enterprises receive support from the State to provide
universal telecommunications services, and which are specifically determined in
accordance with the public-utility telecommunications service program for each
period.
2. Requirements for
universalization of telecommunications services refer to the set of criteria
required by state agencies and satisfied by telecommunications enterprises in
the provision of universal telecommunications services.
3. Standard designs of
telecommunications works to meet the provision of universal telecommunications
services refer to the designs of work items promulgated by the Ministry of
Science and Technology of Vietnam (hereinafter referred to as
“telecommunications work items”), including work items for optical, electrical,
and satellite transmission.
These designs serve as
the basis for developing cost norms for the provision of universal
telecommunications services, as well as for developing funding estimates for
implementing public-utility telecommunications activities and bidding package
estimates for the provision of universal telecommunications services, as
prescribed in this Decree. These designs are not to be used for for-site
construction.
4. Support for the
provision of public-utility telecommunications services refers to the State’s
financial support for telecommunications enterprises to offset the costs of
developing, upgrading, and maintaining telecommunications infrastructure for
the provision of universal telecommunications services in disadvantaged areas
eligible for telecommunications service universalization, and for the provision
of mandatory telecommunications services through bidding, order placement, or assignment
of tasks.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. Direct support refers
to when the Vietnam public-utility telecommunications service fund directly, or
through an entrusted intermediary payment organization, transfers funds to
beneficiaries eligible for support for using universal telecommunications
services or beneficiaries eligible for support in terminal equipment, in
accordance with the direct support method prescribed in the public-utility
telecommunications service program.
7. Arising revenue refers
to the revenue of a telecommunications enterprise used to determine the level
of expenditures on support for the telecommunications enterprise, during the
period when it is supported by the State to offset costs under the contract for
the provision of public-utility telecommunications services. Arising revenue
includes: revenue from telecommunications services generated from the
utilization of telecommunications infrastructure; revenue from the use of
telecommunications traffic or services purchased from other providers for the
provision of public-utility telecommunications services; and revenue from
leasing telecommunications infrastructure.
8. Infrastructure lease
refers to the lease of other organizations' telecommunications infrastructure
and other technical infrastructure works by telecommunications enterprises for
the purpose of implementing the provision of public-utility telecommunications
services.
9. Purchase of
telecommunications traffic and services refers to the purchase of
telecommunications traffic or services, including satellite services, by a
telecommunications enterprise from another telecommunications enterprise for
the purpose of implementing the provision of public-utility telecommunications
services.
Chapter
II
IMPLEMENTATION
OF PUBLIC-UTILITY TELECOMMUNICATION ACTIVITIES
Section
1. SUPPORT FOR TELECOMMUNICATIONS ENTERPRISES TO PROVIDE PUBLIC-UTILITY
TELECOMMUNICATIONS SERVICES THROUGH TASK ASSIGNMENT, ORDER PLACEMENT, OR
BIDDING
Article
4. General principles and conditions for supporting telecommunications
enterprises providing public-utility telecommunications services
1. Principles for
supporting telecommunications enterprises to provide public-utility
telecommunications services:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) In cases where a
telecommunications enterprise is performing a contract for the provision of
universal telecommunications services as prescribed, and one or more additional
telecommunication enterprises participate in the provision of the same type of
service in that area, the enterprise performing the contract shall continue to
receive support until the contract implementation period ends;
c) A telecommunications
enterprise supported in providing universal telecommunications services shall
satisfy the requirements for the universalization of telecommunication services
as prescribed in Article 5 of this Decree; where the enterprise invests more
than the State’s required level (if any), such enterprise shall cover the
additional costs itself;
d) Telecommunications
enterprises supported in providing public-utility telecommunications services
must comply with the scope and tasks of the public-utility telecommunications
service program; support applies only when the revenue arising is insufficient
to offset costs and must be implemented through bidding, order placement, or
task assignment as prescribed in Articles 6, 7, and 8 of this Decree;
dd) Regarding
expenditures for which competent state authorities have promulgated cost norms
for the provision of universal telecommunications services, support for
enterprises in offsetting the costs of developing, upgrading, and maintaining
telecommunications infrastructure for the provision of universal
telecommunications services through bidding or order placement shall not exceed
the relevant cost norms; at the same time, support for enterprises providing
public-utility telecommunications services must ensure that it does not overlap
with policies supporting beneficiaries of such services, and that there is no
duplication of funding sources for offsetting enterprises’ costs as prescribed
in this Decree.
e) Support for
telecommunications enterprises providing public-utility telecommunications
services must ensure publicity, transparency, equality, thrift, compliance with
regulations on prevention and combat against corruption and negativity, and
must not involve group interests.
2. General conditions for
supporting telecommunications enterprises providing public-utility
telecommunications services:
a) Conditions applicable
to enterprises: The enterprise must have been granted, by a competent state authority,
a license for provision of telecommunications services with network
infrastructure, and must participate in the provision of public-utility
telecommunications services through bidding, order placement, or task
assignment;
b) The Prime Minister of
Vietnam has approved the public-utility telecommunications service program;
c) The Ministry of
Science and Technology of Vietnam has approved the plan for the provision of
public-utility telecommunications services and the funding estimates for
supporting telecommunications enterprises providing public-utility
telecommunications services in accordance with regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The Minister of Science
and Technology of Vietnam shall, based on the public-utility telecommunications
service program for each period, provide guidelines for implementing
telecommunications service universalization requirements for each type of
telecommunications service, and issue standard designs for telecommunications
works to meet the provision of universal telecommunications services.
2. Telecommunications
service universalization requirements:
a) For utilization of
terrestrial mobile telecommunications services:
Locations of villages,
hamlets, or other areas within the disadvantaged areas eligible for
telecommunications service universalization; number of households (number of
rooftops); population figures (provided by provincial People’s Committees).
Digital maps (for
villages, hamlets, or other areas where terrestrial mobile telecommunications
services are not yet available, provided by provincial People’s Committees,
indicating locations where telecommunications infrastructure may be developed
to provide such services).
Service quality:
Compliance with regulations and standards promulgated by the Ministry of
Science and Technology of Vietnam.
b) For universalization
of fixed broadband Internet services (fiber-to-the-home):
Locations of villages,
hamlets, or other areas within the disadvantaged areas eligible for
telecommunications service universalization; number of households (number of
rooftops); population figures (provided by provincial People’s Committees).
Digital maps (for
villages, hamlets, or other areas where fixed broadband Internet services are
not yet available, provided by provincial People’s Committees, indicating
locations where telecommunications infrastructure may be developed to provide
such services).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) For universalization
of fixed satellite broadband Internet services:
Locations of villages,
hamlets, or other areas within the disadvantaged areas eligible for telecommunications
service universalization; number of households (number of rooftops); population
figures (provided by provincial People’s Committees).
Service quality:
Compliance with regulations and standards promulgated by the Ministry of
Science and Technology of Vietnam.
d) For other universal
telecommunications services: Implementation shall comply with the
public-utility telecommunications service program.
Article
6. Support for telecommunications enterprises to provide public-utility
telecommunications services through bidding
1. Support for
telecommunications enterprises to provide public-utility telecommunications
services through bidding shall apply to the provision of universal
telecommunications services and shall be implemented as follows:
a) Organization of
bidding to select the enterprise providing universal telecommunications
services in accordance with the law on bidding and this Article;
b) The enterprise
implementing the bidding package for the provision of universal
telecommunications services shall be supported to offset the costs of service
provision for 7 years, starting from the month following the month in which the
enterprise commissions the telecommunications works into service for the
provision of universal telecommunications services. The annual support
expenditures for enterprises shall be determined in accordance with Article 20
of this Decree. The enterprise shall be eligible for assurance of stability and
continuity of the support for service provision through public-utility telecommunications
service programs, as prescribed in Clause 1 and Point c Clause 4 Article 23 of
this Decree.
2. Conditions for
conducting bidding for the provision of universal telecommunications services:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) New development and
maintenance of telecommunications infrastructure to provide universal telecommunications
services in disadvantaged areas eligible for telecommunications service
universalization, where such services are not yet available;
b) Upgrading and
maintenance of telecommunications infrastructure to provide universal
telecommunications services in disadvantaged areas eligible for
telecommunications service universalization.
3. Grounds for conducting
bidding for the provision of universal telecommunications services:
a) Bidding laws;
b) The public-utility
telecommunications service program approved by the Prime Minister of Vietnam;
the implementation plan for the public-utility telecommunications service
program promulgated by the Ministry of Science and Technology of Vietnam;
c) The funding estimates
for supporting telecommunications enterprises in providing universal
telecommunications services through bidding as prescribed in Point b Clause 2
Article 30 of this Decree, and the funding estimates for performing other
related tasks as prescribed in Point dd Clause 2 Article 30 of this Decree (if
any), which have been approved in accordance with Point b Clause 3 Article 31
of this Decree;
d) Requirements for
telecommunications service universalization as prescribed in Article 5 of this
Decree;
dd) Cost norms for the
provision of universal telecommunications services as prescribed in Clause 3
Article 19 of this Decree; where cost norms for the provision of universal
telecommunications services have not yet been issued, bidding shall be
conducted in accordance with the law on bidding, and when settling funding for
support for the enterprise implementing the bidding package, cost norms must be
applied to control support costs in accordance with Point dd Clause 4 of this
Article;
e) Written request for
the provision of universal telecommunications services from a competent state
authority (if any).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The funding source for
bidding to provide universal telecommunications services shall be derived from
the estimates prescribed in Point c Clause 3 of this Article and from the
expected funding sources of subsequent public-utility telecommunications service
programs; the project owner shall not be required to appraise or approve the
procurement estimate;
b) The quotations
submitted by enterprises, the bidding documents, and the request for proposals
must include contents reflecting the requirements for telecommunications
service universalization as prescribed in Article 5 of this Decree, and
information and data used to determine the level of support expenditures and
the duration of financial support for enterprises as prescribed in Clauses 1
and 2 and Point a Clause 3 Article 20 of this Decree.
The quotation templates,
bidding document templates, and request-for-proposals templates used in the
bidding process for providing universal telecommunications services shall
comply with Clause 9 of this Article.
c) The contract signed
with the contractor must specify the cost components and arising revenue
forming the contract price, with contents in accordance with Clause 2 Article
20 of this Decree;
d) The bidding package
price shall be prepared in accordance with the law on bidding. In cases where
the bidding package price for the provision of universal telecommunications
services (hereinafter referred to as the “bidding package price”) is determined
based on the cost estimate of the bidding package for the provision of
universal telecommunications services (hereinafter referred to as the “bidding
package cost estimate”), the Vietnam public-utility telecommunications service
fund shall prepare and approve the bidding package cost estimate in accordance
with Clause 5 or Clause 6 of this Article;
dd) Where the bidding
package price is not based on a bidding package cost estimate prepared and
approved under Clause 5 or Clause 6 of this Article, the Vietnam public-utility
telecommunications service fund, when settling funding for support for the
telecommunications enterprise implementing the bidding package, shall rely on
the cost norms promulgated by competent state authorities under Clauses 3 and 8
Article 19 of this Decree to review and ensure that:
The total actual depreciation
cost used to determine the support funding for the telecommunications
enterprise does not exceed the total depreciation cost determined according to
the depreciation cost norms, as well as the depreciation cost stated in the
contract price.
The total maintenance
cost used to determine the support funding for the telecommunications
enterprise does not exceed the total maintenance cost determined according to
the maintenance cost norms, as well as the maintenance cost stated in the
contract price.
e) The type of contract
prescribed by the law on bidding shall be implemented. Where the bidding
package specified requirements that ensure the application of an output-based
contract, this type of contract shall be applied in accordance with the law on bidding.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h) The criteria of
similar contracts shall not be applied when assessing the contractor’s capacity
and experience.
5. Preparation and
approval of the bidding package cost estimate, based on the preliminary design
proposal, the price quotations of enterprises, and the cost norms for providing
universal telecommunications services promulgated by competent state
authorities, shall be carried out as follows:
a) The cost estimate of
the bidding package shall include direct costs of developing and maintaining,
or costs of upgrading and maintaining, the telecommunications infrastructure
used to provide universal telecommunications services in disadvantaged areas
eligible for telecommunications service universalization as prescribed in
Clause 1 Article 19 of this Decree, after deducting the arising revenue;
b) The bidding package
cost estimate shall be prepared based on reviewing price quotations from at
least one telecommunications enterprise and the cost norms for providing
universal telecommunications services, as well as taxes, fees, and charges in
accordance with the law (if any). The request for price quotations from
telecommunications enterprises and the preparation of the cost estimate for the
bidding package shall be carried out in accordance with Points c, d, and dd of
this Clause;
c) Based on the universal
telecommunications service provision plan of the Ministry of Science and
Technology of Vietnam and the requirements for telecommunications service universalization,
the Vietnam public-utility telecommunications service fund may divide the
approved plan into individual bidding packages for the provision of universal
telecommunications services to request price quotations from telecommunications
enterprises.
The division of the plan
into bidding packages shall be based on the following criteria: By each type of
universal telecommunications service and by geographical areas of provinces.
Where the division is based on provincial areas, if the number of villages in
disadvantaged areas eligible for universalization of telecommunications
services is fewer than 20, the bidding package shall include areas from other
provinces, with priority given to adjacent provinces.
d) Based on the request
of the Vietnam public-utility telecommunications service fund,
telecommunications enterprises, depending on their operational situation, shall
cooperate with the Vietnam public-utility telecommunications service fund in
proposing a preliminary design and provide a bidding package price quotation to
serve the preparation of the bidding package cost estimate as prescribed. The
preliminary design shall specify the quantities of telecommunications work
items and the scale of transmission lines to be invested in and constructed,
based on the assurance of the requirements for universalization of
telecommunications services as prescribed in Article 5 of this Decree.
dd) Based on the
enterprises’ price quotations, the Vietnam public-utility telecommunications
service fund shall review the quotations to prepare the bidding package cost
estimate; in cases where more than one price quotation is available, the lowest
quotation shall be selected for review when preparing the cost estimate.
The review shall include:
reviewing the preliminary design proposed by the enterprise to ensure
compliance with universal telecommunications service requirements; reviewing
the price quotation for preparing the bidding package cost estimate, including:
total depreciation costs of fixed assets of telecommunications infrastructure
under the bidding package; total maintenance costs of the telecommunications
infrastructure under the package and other costs beyond the prescribed cost
norms (if any); and revenue generated. The handling of situations arising during
the review of preliminary designs and enterprises’ price quotations shall
comply with Points e and g of this Clause.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) The review of price
quotations must ensure that the total depreciation costs of fixed assets and
the total maintenance costs of telecommunications infrastructure of the bidding
package, quoted by the enterprise based on the preliminary design reviewed
under Point e of this Clause, shall not exceed the total depreciation costs and
total maintenance costs determined according to the cost norms promulgated by
competent state authorities as prescribed in Clause 3 Article 19 of this
Decree.
6. Preparation and
approval of the bidding package cost estimate based on on-site surveys and the
application of current regulations on construction investment cost management
and other relevant laws.
a) This method applies in
cases involving the application of new technologies that have not yet been
widely deployed in Vietnam, or where special solutions are implemented to
provide services in accordance with the Ministry of Science and Technology of
Vietnam’s guidelines for implementing the public-utility telecommunications
service program.
b) The Vietnam
public-utility telecommunications service fund shall conduct surveys in
specific areas and disadvantaged areas eligible for telecommunications service
universalization and propose technical solutions and preliminary design plans
that meet the requirements for universalization of telecommunications services
as prescribed. Based on the preliminary design plan, the Vietnam public-utility
telecommunications service fund shall prepare the bidding package cost
estimate.
The contents of the
bidding package cost estimate shall include the costs prescribed in Clause 1
Article 19 of this Decree, and the expected revenue arising during the period
in which the telecommunications enterprise is supported to provide services in
accordance with Point b Clause 1 of this Article.
c) The determination of
costs in the bidding package cost estimate shall comply with current
regulations of the law on construction investment cost management, the
regulations on managing, using, and depreciating fixed assets of enterprises,
and other relevant laws.
7. In cases where a
telecommunications enterprise is already implementing a bidding package for
providing universal telecommunications services and continues to implement a
plan promulgated by a competent state authority to upgrade and maintain
telecommunications infrastructure, the cost estimate and contract price for the
upgrading and maintenance of telecommunications infrastructure shall only
include additional costs arising compared to the existing contract, after
deducting revenue adjusted as a result of performing the upgrading package (if
any).
8. Organization of
bidding for the provision of universal telecommunications services:
a) The organization of
bidding to select a telecommunications enterprise providing universal telecommunications
services shall comply with the law on bidding. The Minister of Science and
Technology of Vietnam shall implement the responsibilities and powers of the
competent person, and the Vietnam public-utility telecommunications service
fund shall implement the responsibilities and powers of the project owner, as
well as the specific tasks assigned under this Decree and under the
public-utility telecommunications service program;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Reporting on contract
implementation, acceptance, payment, and finalization of the contract for
implementing public-utility telecommunications service provision tasks shall
comply with Point a Clause 4, Clause 5, and Clause 6 Article 32 of this Decree,
and the enterprise shall assume responsibility for the accuracy of the reported
data.
In the contract
implementation acceptance dossier, the enterprise must include a report on the
results of public-utility telecommunications service provision, measured using
the Internet speed measurement tool as guided by the Minister of Science and
Technology of Vietnam. The enterprise must simultaneously submit this report to
the People’s Committees of the provinces and communes where the services are
provided for monitoring.
9. The Minister of
Science and Technology of Vietnam shall:
a) Decide the price
quotation template for universal telecommunications service provision as
prescribed in Point b Clause 4 of this Article;
b) Promulgate the
templates for bidding documents and request for proposal documents for bidding
packages for providing universal telecommunications services, in cases where
relevant legal documents on bidding do not meet the requirements for organizing
bidding for universal telecommunications service provision under the
public-utility telecommunications service program.
Article
7. Support for telecommunications enterprises to provide public-utility
telecommunications services through order placement
1. Support for
telecommunications enterprises to provide public-utility telecommunications
services through order placement shall apply to the provision of universal
telecommunications services and shall be implemented as follows:
a) The ordering
organization shall place orders with enterprises to provide the services as
prescribed in this Article;
b) The enterprise
receiving the order to provide universal telecommunications services shall be
supported to offset the costs of service provision during the period specified
in Clause 2 Article 23 of this Decree. The annual support expenditures for
enterprises shall be determined in accordance with Article 21 of this Decree.
Enterprises shall be eligible for assurance of stability and continuity of the
support for service provision through public-utility telecommunications service
programs as prescribed in Clause 2, Points a and b Clause 4 Article 23 of this
Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In addition to satisfying
the principles and conditions specified in Article 4 of this Decree, the
placement of orders with telecommunications enterprises providing universal
telecommunications services shall be carried out when, in a disadvantaged area
eligible for telecommunications service universalization, only one enterprise
is providing services and that enterprise requests support from the
public-utility telecommunications service program, in the following cases:
a) Supporting a telecommunications
enterprise to maintain the provision of universal telecommunications services
in disadvantaged areas eligible for telecommunications service universalization
for enterprises that previously completed universal telecommunications service contracts
under bidding or task assignment;
b) Supporting a
telecommunications enterprise providing universal telecommunications services
in disadvantaged areas eligible for telecommunications service universalization
for enterprises that have self-invested in the development and maintenance of
infrastructure for providing such universal telecommunications services.
3. Grounds for placing
orders with enterprises providing universal telecommunications services:
a) The grounds specified
in Points b and d Clause 3 Article 6 of this Decree;
b) The funding estimates
for supporting telecommunications enterprises in providing universal
telecommunications services through order placement as prescribed in Point b
Clause 2 Article 30 of this Decree, and the funding estimates for performing
other related tasks as prescribed in Point dd Clause 2 Article 30 of this
Decree (if any), which have been approved in accordance with Point b Clause 3
Article 31 of this Decree;
c) Cost norms for
providing universal telecommunications services as specified in Clause 3
Article 19 of this Decree; where such cost norms are not yet available, the
order placement contract value shall be temporarily calculated based on the
ordering estimates specified in Point c Clause 4 of this Article;
d) Regulations on the
determination of generated revenue as prescribed in Clause 7 Article 19 of this
Decree.
4. Ordering estimates for
the provision of universal telecommunications services for enterprises during
the ordering period:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) For order placement as
prescribed in Point a Clause 2 of this Article, the ordering estimates shall
include: Costs of maintaining telecommunications infrastructure used to provide
universal telecommunications services, determined based on information and data
on the ordered service volumes, cost norms for maintenance as prescribed in
Point b Clause 3 and Clause 8 Article 19, other costs as prescribed in Point d Clause
1 Article 19, and revenue generated as prescribed in Clause 7 Article 19 of
this Decree;
b) For order placement as
prescribed in Point b Clause 2 of this Article, the ordering estimates shall
include the costs and generated revenue specified in Point a of this Clause,
and also the depreciation costs of fixed assets of telecommunications
infrastructure actually invested in by the enterprise itself, but not exceeding
the depreciation cost norms prescribed in Point a Clause 3 and Clause 8 Article
19, and the lease costs determined based on Point b Clause 6 Article 19 of this
Decree (if any);
c) Where the competent
state authority has not yet issued cost norms for providing universal
telecommunications services, the ordering estimates shall be temporarily calculated
based on the reports and proposals submitted by the telecommunications
enterprise. In this case, the enterprise shall not receive any advance funding
from the Vietnam public-utility telecommunications service fund. Within 5
working days from the date the competent state authority issues the cost norms,
the Vietnam public-utility telecommunications service fund shall adjust
ordering estimates and cooperate with the ordered enterprise in adjusting the
contract accordingly before making any advance payment to the enterprise;
d) The data on ordered
service volumes used as grounds for preparing the ordering estimates under
Points a, b, and c of this Clause shall be the data reported and explained by
telecommunications enterprises. The telecommunications enterprises shall be
responsible for the accuracy of the reported data.
5. Contents of the
service provision contract:
a) Name of the product or
service;
b) Requirements for the
provision of public-utility telecommunications services;
c) List of areas where
public-utility telecommunications services are provided;
d) Number of
telecommunications works and transmission lines eligible for support for
offsetting costs of providing public-utility telecommunications services (if
any);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Determination of
generated revenue;
g) Value of the order
placement contract: This is the total funding provided for the
telecommunications enterprise for providing services through order placement,
agreed upon by the parties based on Points c, d, dd, and e of this Clause and
relevant laws; the specific value shall be specified in the contract appendix.
Where the competent state
authority has not yet issued cost norms for providing universal
telecommunications services, the value of the order placement contract shall be
temporarily calculated based on the proposal of the ordered enterprise as
prescribed in Point c Clause 4 of this Article.
Where the competent state
authority has issued cost norms for providing universal telecommunications
services, the depreciation cost of fixed assets of telecommunications
infrastructure included in the contract value shall be determined based on the
enterprise’s report, but shall not exceed the depreciation cost norms;
maintenance costs of telecommunications infrastructure shall follow the
maintenance cost norms promulgated by the competent state authority and the
ordered service volumes.
h) Type of contract;
i) Advance payment of
funds;
k) Report on contract
implementation results;
l) Method of acceptance
of contract implementation results and contract finalization;
m) Method of payment and
settlement;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
o) Responsibilities of
the concerned parties for breach of contract.
In addition to the
contents specified in this Clause, the contract may include additional contents
as agreed by the concerned parties, consistent with the management requirements
for implementing the public-utility telecommunications service program (if
any).
6. Process of placing
orders with enterprises providing universal telecommunications services:
The Vietnam
public-utility telecommunications service fund shall implement the
responsibilities and powers of the ordering organization, with specific tasks
as follows:
a) Based on the
implementation plan for the public-utility telecommunications service program
promulgated by the Ministry of Science and Technology of Vietnam, the Vietnam
public-utility telecommunications service fund shall conduct surveys and
prepare an ordering plan for telecommunications enterprises. The survey must
ensure sufficient information and data to develop the ordering plan in accordance
with Point b of this Clause;
b) Preparation and
approval of the ordering plan: Based on the survey under Point a of this
Clause, the Vietnam public-utility telecommunications service fund shall
prepare an ordering plan, including the following fundamental contents: Name of
the enterprise providing services; name of the universal telecommunications
service to be ordered; specific requirements for telecommunications service
universalization; expected service areas; number of telecommunications works and
transmission lines operating to provide the service; duration of service
provision; ordering estimates; implementation solutions; supervision,
assessment, and quality inspection mechanisms; and regulations on inspection
and acceptance of ordered services.
The Vietnam
public-utility telecommunications service fund shall issue a decision approving
the ordering plan and send a notice to the ordered enterprise to register the
order placement.
c) Order placement
registration:
The telecommunications
enterprise submits 1 set of order placement registration dossiers by post,
online, or in person to the Vietnam public-utility telecommunications service
fund. The composition and templates of the order placement registration
dossiers shall follow the guidelines of the Minister of Science and Technology
of Vietnam. These must specify data on service volumes and the elements
constituting the value of the order placement contract as prescribed in Clauses
1 and 2 Article 21 of this Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Within 7 working days
from the date of receiving the enterprise’s ordering registration dossier, the
Vietnam public-utility telecommunications service fund shall complete the
assessment of the dossier and send a written notice to the enterprise for
contract negotiation. If the dossier fails to meet requirements, a written
notice stating the reasons shall be issued.
dd) Contract negotiation:
Within 10 working days
from the date of completing the assessment of the enterprise’s capacity dossier
under Point d of this Clause, the Vietnam public-utility telecommunications
service fund and the enterprise eligible for order placement shall complete the
negotiation of the order placement contract.
During contract
negotiation, the parties shall finalize the draft contract and its appendices.
The negotiation must clarify the quantity and volume of services to be
provided, the level of support expenditures for the enterprise as prescribed in
Clauses 1, 2, and 3, Article 21 of this Decree, any details that are unclear or
insufficiently specified in the ordering plan, and other necessary matters. The
results of the negotiations shall be recorded in a contract negotiation record.
e) Approval for the order
placement decision:
Within 3 working days from
the date of completing contract negotiation and the contract draft under Point
dd of this Clause, the Vietnam public-utility telecommunications service fund
shall approve the order placement decision and send the order placement
decision document to the telecommunications enterprise for it to sign the order
placement contract.
g) Contract conclusion:
Within 3 working days
from the date of approving the order placement decision, the Vietnam public-utility
telecommunications service fund and the telecommunications enterprise shall
conclude the order placement contract. The Vietnam public-utility
telecommunications service fund shall send 1 set of the concluded contract to
the Ministry of Science and Technology of Vietnam for monitoring and
supervision.
h) Contract
implementation:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
i) Reporting on contract
implementation, acceptance, payment, and finalization of the contract for
implementing public-utility telecommunications service provision tasks shall
comply with Point a Clause 4, Clause 5, and Clause 6 Article 32 of this Decree,
and the enterprise shall assume responsibility for the accuracy of the reported
data.
The service provision
report must include the report on measured Internet speed results as required
under Point c Clause 8 Article 6 of this Decree.
k) Disclosure of
information on the implementation results of the order placement contract
(except information classified as state secrets): The Vietnam public-utility
telecommunications service fund shall disclose the information on contract
implementation results on its website and the Ministry of Science and
Technology of Vietnam’s web portal. The disclosure may occur during or after the
contract implementation period, but no later than 1 month from the date of
contract finalization.
Where bidding law
requires disclosure of the implementation results of the order placement, the
Vietnam public-utility telecommunications service fund shall comply
accordingly.
7. The Minister of
Science and Technology of Vietnam shall elaborate on Clauses 4 and 6 of this
Article and issue templates used for managing support for telecommunications
enterprises providing universal telecommunications services through order
placement, in conformity with each period’s public-utility telecommunications
service program.
Article
8. Support for telecommunications enterprises to provide public-utility
telecommunications services through task assignment
1. Support for telecommunications
enterprises to provide public-utility telecommunications services through task
assignment shall apply to the provision of universal telecommunications
services and mandatory telecommunications services, and shall be implemented as
follows:
a) Organization of the
selection and assignment of tasks to enterprises providing services in
accordance with this Article;
b) Enterprises assigned
to provide public-utility telecommunications services shall be supported to
offset the costs of developing, maintaining, and upgrading service provision
for a period of 7 years, counting from the month following the month in which
the enterprise commissions the telecommunications facilities into service for
the provision of public-utility telecommunications services. Where the support
is only for maintaining telecommunications infrastructure to provide
public-utility telecommunications services, including support for maintaining
telecommunications works and transmission lines already invested in by the
enterprise, the enterprise shall be supported for the duration of the current
public-utility telecommunications service program.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Conditions for
assigning tasks to enterprises providing public-utility telecommunications
services:
In addition to ensuring
the principles and conditions prescribed in Article 4 of this Decree, task
assignment to telecommunications enterprises providing public-utility
telecommunications services shall be carried out in the following cases:
a) Implementing new
development, upgrading, and maintaining telecommunications infrastructure to
provide universal telecommunications services in island areas and offshore
platforms when the competent state authority has not yet issued cost norms for
providing universal telecommunications services in these areas. Where cost
norms for providing universal telecommunications services in these areas have
been issued, support for telecommunications enterprises shall be carried out through
bidding or order placement as prescribed in Articles 6 and 7 of this Decree;
b) Implementing tasks of
developing, upgrading, and maintaining telecommunications infrastructure to
provide mandatory telecommunications services as required by the State,
ensuring communications in emergencies in accordance with law;
c) Implementing tasks of
providing public-utility telecommunications services combined with protecting
land border areas and national sovereignty over seas and islands in accordance
with decisions of the Prime Minister of Vietnam.
3. Grounds for assigning
tasks to enterprises providing public-utility telecommunications services:
a) Point b Clause 3
Article 6 of this Decree;
b) The funding estimates
for supporting telecommunications enterprises in providing public-utility
telecommunications services through task assignment as prescribed in Point b
Clause 2 Article 30 of this Decree, and the funding estimates for performing
other related tasks as prescribed in Point dd Clause 2 Article 30 of this
Decree (if any), which have been approved in accordance with Point b Clause 3
Article 31 of this Decree;
c) Point d Clause 3
Article 6 of this Decree regarding the implementation of the task of providing
universal telecommunications;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) Documents specified
in Points b and c Clause 2 of this Article (if any).
4. Funding estimates for providing
public-utility telecommunications services through task assignment for each
enterprise:
a) The contents of the
estimate include the costs of providing public-utility telecommunications
services as prescribed in Clause 1 Article 19 of this Decree. They shall be
prepared in accordance with each task-assignment case prescribed in Clause 2 of
this Article, in which:
The depreciation cost
estimate for telecommunications enterprises implementing new development and
upgrading of telecommunications infrastructure shall comply with the law on
construction investment and regulations on depreciation of fixed assets being
applied by enterprises in accordance with the law. Where the enterprise
assigned to provide public-utility telecommunications services has already
invested in the infrastructure itself, the fixed-asset depreciation cost shall
be determined based on the actual depreciation cost of the telecommunications
infrastructure reported by the enterprise.
The funding estimate for
maintaining telecommunications infrastructure shall be prepared based on actual
costs, in accordance with the regulations of the telecommunications enterprise
assigned the task and relevant laws.
b) For the lease cost estimates
as prescribed in Point c Clause 1 Article 19 (if any), the estimate shall be
prepared in accordance with Point b Clause 6 Article 19 of this Decree;
c) Revenue arising shall
be proposed by the enterprise in accordance with Point b Clause 7 Article 19 of
this Decree.
5. Contents of the
service provision contract: To be implemented in accordance with Clause 5
Article 7 of this Decree; in which Point g concerns the contract value and is
determined according to the funding estimate for performing the assigned task
that has been approved in accordance with Point k Clause 6 of this Article.
6. Procedures for
assigning tasks to enterprises providing public-utility telecommunications
services:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) For the task specified
in Point b Clause 2 of this Article, the Ministry of Science and Technology of
Vietnam shall consider selecting the enterprise to perform the task;
c) Based on the requests
of the agencies and organizations specified in Point a of this Clause, the
Ministry of Science and Technology of Vietnam shall review and approve the plan
for providing public-utility telecommunications services through task
assignment, select enterprises capable of performing the task, and send notices
to telecommunications enterprises for registration to perform the task; the
notice shall include the time and place for announcing registration details;
d) Registration to
perform the task:
Based on its actual
operating conditions, the telecommunications enterprise shall submit 1 set of
registration dossiers to perform the task by post, online, or in person to the
Ministry of Science and Technology of Vietnam within the required deadline. The
dossier components and registration templates shall follow the guidelines of
the Minister of Science and Technology of Vietnam. These may only be announced
publicly as prescribed in Point dd of this Clause;
dd) Announcement of
registration to perform the task:
Within 10 working days
from the end of the registration deadline, the Ministry of Science and
Technology of Vietnam shall announce the enterprises that have registered to
perform the task in accordance with regulations. Where the announcement cannot
be made within the above time limit, the Ministry of Science and Technology of
Vietnam shall issue a written notice to enterprises stating the reasons and the
adjusted announcement time. Except for information classified as state secrets,
the announcement of registration to perform the task shall be made publicly,
with representatives of the registered enterprises present, and records shall
be prepared.
e) Selection of
enterprises for task assignment:
Based on the
implementation of Point dd of this Clause, within 10 working days, the Ministry
of Science and Technology of Vietnam shall select a telecommunications
enterprise, make a decision on the task assignment to such enterprise, and
issue a written notice to the enterprise for implementation in accordance with
regulations.
For tasks with only one
enterprise registering to perform, the task shall be assigned to the registered
enterprise; for tasks with multiple enterprises registering, the enterprise
assigned to perform the task shall be the one whose implementation plan meets
the requirements for providing public-utility telecommunications services and
has the lowest level of funding proposed for State support.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Where, for objective
reasons, the telecommunications enterprise is unable to continue performing the
task or fails to complete contract negotiation for performing the task as
prescribed in Point i of this Clause, the Ministry of Science and Technology of
Vietnam shall consider deciding to assign the task to another telecommunications
enterprise or reorganize the selection of an enterprise to perform the task. An
enterprise selected to perform the task but is unable to continue completing it
shall be responsible for offsetting any costs already incurred by the
enterprise (if any).
g) Within the time period
required by the Ministry of Science and Technology of Vietnam, the
telecommunications enterprise selected to perform the task under Points b and e
of this Clause shall submit a written proposal to the Vietnam public-utility
telecommunications service fund, proposing the funding estimate requested for
support in accordance with Clause 4 of this Article. The funding estimate for
service provision shall be prepared for the entire support period and divided
annually, not exceeding the total funding level already registered and
announced under Point dd of this Clause, unless the Ministry of Science and
Technology of Vietnam requests additional tasks.
For tasks involving new
development or upgrading of telecommunications infrastructure, the written
proposal for the funding estimate must include documentation of the approved
investment project and the funding estimate of the investment project or works,
as prescribed by the law on construction investment.
Where no proposal is
submitted after the deadline for submitting the funding estimate proposal under
the task assignment decision of the Ministry of Science and Technology of
Vietnam expires, the enterprise must submit a written explanation to the
Ministry of Science and Technology of Vietnam and the Vietnam public-utility
telecommunications service fund.
h) The Vietnam
public-utility telecommunications service fund shall review the proposed
funding estimate for task implementation submitted by the enterprise. During
the review process, if clarification of any proposed content is required, the
Vietnam public-utility telecommunications service fund shall issue a written
request for the telecommunications enterprise to cooperate in supplementing
dossiers and procedures in accordance with regulations;
i) Negotiation of the
task-implementation contract:
Based on the
implementation results of Point h of this Clause, the Vietnam public-utility
telecommunications service fund shall conduct negotiations with the
telecommunications enterprise on the draft contract for task implementation.
During negotiation, the two parties must clarify the detailed contract terms
and the accompanying appendices.
k) Decision on the
funding estimate for task implementation:
The Vietnam
public-utility telecommunications service fund shall decide the funding
estimate for supporting the enterprise in implementing the task based on the
results of the contract-implementation negotiation prescribed in Point i of
this Clause.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Based on the decision on
the funding estimate for task implementation prescribed in Point k of this
Clause, within 5 working days, the Vietnam public-utility telecommunications
service fund shall sign the task-implementation contract with the
telecommunications enterprise assigned to perform the task, and advance funding
for task implementation in accordance with Point a Clause 3 Article 32 of this
Decree.
m) Task implementation:
The enterprise assigned
to perform the task shall implement the contract and provide public-utility
telecommunications services in accordance with the contract.
n) Reporting on contract
implementation, acceptance, payment, and finalization of the contract for
implementing public-utility telecommunications service provision tasks shall comply
with Point a Clause 4, Clause 5, and Clause 6 Article 32 of this Decree, and
the enterprise shall assume responsibility for the accuracy of the reported
data.
The service provision
report must include the report on measured Internet speed results as required
under Point c Clause 8 Article 6 of this Decree.
7. The Minister of
Science and Technology of Vietnam shall elaborate on Clauses 4 and 6 of this
Article and issue templates used for managing support for telecommunications
enterprises implementing public-utility telecommunications service provision
tasks, in conformity with each period’s public-utility telecommunications
service program.
Section
2. SUPPORT FOR USE OF PUBLIC-UTILITY TELECOMMUNICATIONS SERVICES FOR ELIGIBLE
BENEFICIARIES THROUGH TELECOMMUNICATIONS ENTERPRISES THROUGH ORDER PLACEMENT,
TASK ASSIGNMENT, OR DIRECT SUPPORT FOR USERS OF TELECOMMUNICATIONS SERVICES
Article
9. Management principles, general conditions, and procedures for managing
support for use of public-utility telecommunications services
1. Management principles
for supporting beneficiaries using public-utility telecommunications services:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Ensuring that the
beneficiaries register their demand for service-use support (for support for
the use of universal telecommunications services);
c) Ensuring cooperation
among related ministries, central authorities, and local authorities in
managing the beneficiaries according to their scope of management;
d) Ensuring that the
level of support is based on the price of public-utility telecommunications
services and in conformity with the financial resources of the Vietnam
public-utility telecommunications service fund;
dd) Ensuring that, for
each public-utility telecommunications service and within the same
implementation period of the public-utility telecommunications service program,
support for service-using beneficiaries is provided only through order
placement or task assignment to telecommunications enterprises for
implementation, or direct support for users of telecommunications services;
e) Ensuring that, where
the cost of using universal telecommunications services exceeds the State’s
support level, the beneficiary pays the portion of the cost that exceeds the
support level to the enterprise providing the service;
g) Ensuring publicity,
transparency, equality, thrift, compliance with regulations on prevention and
combat against corruption and negativity, and avoidance of group interests in
the use of State financial resources.
2. General conditions for
supporting the use of public-utility telecommunications services:
a) Conditions for
enterprises: The enterprise has been granted, by a competent state authority, a
license for provision of telecommunications services with network
infrastructure, and the services the enterprise provides are consistent with
the content permitted under the issued license;
b) The Prime Minister of
Vietnam has approved the public-utility telecommunications service program in
accordance with regulations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Procedures for
supporting the use of public-utility telecommunications services:
a) For enterprises
receiving orders to support the use of public-utility telecommunications
services:
Before October 1 every
year, the Vietnam public-utility telecommunications service fund shall issue a
written notice to telecommunications enterprises on the ordering plan for
supporting the use of public-utility telecommunications services for the
following year. Within 15 working days from the date of receipt of the notice, telecommunications
enterprises shall submit 1 set of dossiers by post, online, or in person to the
Vietnam public-utility telecommunications service fund to register for order
placement. The dossier components and the ordering registration templates shall
follow the guidelines of the Minister of Science and Technology of Vietnam.
Within 7 working days
from the date of receipt of the enterprise’s registration, the Vietnam
public-utility telecommunications service fund shall complete the assessment of
the dossier for ordering registration of the telecommunications enterprise and
issue a written notice to the enterprise of the assessment results for contract
negotiation and implementation of the subsequent steps in accordance with
regulations.
b) For enterprises assigned
tasks to support the use of public-utility telecommunications services:
Based on the written
notice of the expected task assignment promulgated by the Ministry of Science
and Technology of Vietnam, the enterprise shall submit 1 set of registration
dossiers for task implementation by post, online, or in person to the Ministry
of Science and Technology of Vietnam to register for task implementation. The
dossier components and registration templates for task implementation shall
follow the guidelines of the Minister of Science and Technology of Vietnam.
Within 5 working days from the date of receipt of the enterprise’s
registration, the Ministry of Science and Technology of Vietnam shall issue a
written notice to the enterprise confirming the receipt of its registration.
c) For beneficiaries
supported in the use of universal telecommunications services in cases of order
placement or task assignment to telecommunications for implementation:
Based on the guidelines
for implementing the public-utility telecommunications service program
promulgated by the Minister of Science and Technology of Vietnam and the needs
of the beneficiaries of support for the use of universal telecommunications
services, the telecommunications enterprise shall prepare a list of beneficiaries
and issue a written request to the local state authority for verification of
eligibility for support for the use of universal telecommunications services,
using the templates promulgated by the Minister of Science and Technology of
Vietnam. The written request may be sent by post, online, or in person.
Within 10 working days from the date of receipt of the list submitted by
the enterprise, the local state authority shall complete verification of
beneficiaries eligible for support and issue a written notice to the
enterprise, so that it may notify the service-using beneficiaries.
In cases where the
public-utility telecommunications service program stipulates that the local
authority directly prepares the list of beneficiaries eligible for support for
the use of services, based on the guidelines for implementing the
public-utility telecommunications service program promulgated by the Minister
of Science and Technology of Vietnam, the provincial People’s Committee shall
prepare the list of beneficiaries and periodically, in accordance with
regulations, send the list of beneficiaries receiving support to the
telecommunications enterprises that the beneficiaries have registered to use
services with, and the Vietnam public-utility telecommunications service fund
for implementation of the support; at the same time notify the commune-level
People’s Committee to notify the beneficiaries under their management.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Based on the guidelines
for implementing the public-utility telecommunications service program
promulgated by the Minister of Science and Technology of Vietnam and the needs
of the beneficiaries eligible for support for the use of universal
telecommunications services, the provincial People’s Committee shall prepare a
list of beneficiaries eligible for support and issue a written notice sending
the list of eligible beneficiaries to the Vietnam public-utility telecommunications
service fund for support implementation; at the same time notify the
commune-level People’s Committee to notify the beneficiaries under its
management.
4. The Minister of
Science and Technology of Vietnam shall elaborate on Clause 3 of this Article,
in conformity with each period’s public-utility telecommunications service
program.
Article
10. Support for use of public-utility telecommunications services for eligible
beneficiaries via telecommunications enterprises through order placement
1. Support for the use of
public-utility telecommunications services for eligible beneficiaries, via
telecommunications enterprises through order placement, shall be implemented by
providing services for service-using beneficiaries. Beneficiaries shall receive
support for using public-utility telecommunications services at the support
levels decided by competent authorities as prescribed in Clause 3, Article 24
of this Decree. They shall also be eligible for assurance of stability and
continuity of the support for service use as prescribed in Article 25 of this
Decree.
2. Conditions for
implementing support for the use of public-utility telecommunications services
for eligible beneficiaries via telecommunications enterprises through order
placement:
In addition to ensuring
the general principles and conditions specified in Clauses 1 and 2 Article 9 of
this Decree, support for the use of public-utility telecommunications services
through order placement shall be implemented when the following conditions are
satisfied:
a) The order placement
method for support for the use of public-utility telecommunications services
has been specified in the public-utility telecommunications service program;
b) The public-utility
telecommunications service has technical regulations on service quality
promulgated by competent authorities, or the telecommunications service has
been self-declared for quality by the telecommunications enterprise according
to voluntary standards applied to telecommunications services not subject to mandatory
quality management;
c) Competent state
authorities have promulgated the support levels for the use of public-utility
telecommunications services as prescribed in Clause 3 Article 24 of this
Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The public-utility
telecommunications service program; the implementation plan for the
public-utility telecommunications service program promulgated by the Ministry
of Science and Technology of Vietnam;
b) The funding estimates
for support for the use of public-utility telecommunications services for
eligible beneficiaries via telecommunications enterprises through order
placement as prescribed in Point c Clause 2 Article 30 of this Decree, and the
funding estimates for performing other related tasks as prescribed in Point dd
Clause 2 Article 30 of this Decree (if any), which have been approved in
accordance with Point b Clause 3 Article 31 of this Decree;
c) The support levels for
the use of public-utility telecommunications services as prescribed in Clause 3
Article 24 of this Decree.
4. The annual ordering
estimate for support for the use of public-utility telecommunications services
for eligible beneficiaries via telecommunications enterprises shall be prepared
within the scope of the estimate prescribed in Point b Clause 3 of this
Article, and determined as follows:
a) The estimate for
support for the use of universal telecommunications services shall be
determined based on the implementation status of the estimate in the preceding
year, the expected average monthly number of eligible beneficiaries receiving
the service support, and the support level and duration of service use support as
prescribed in the ordering year;
b) The estimate for
support for the use of mandatory telecommunications services shall be
determined based on the implementation status of the estimate in the preceding
year, the expected average monthly support service usage volume, and the
support level and duration of service use support in the ordering year;
c) The ordering estimate
shall include fees, charges, and taxes in accordance with the laws (if any).
5. Contents of the
contract for supporting the use of public-utility telecommunications services:
a) Name of the
public-utility telecommunications service to be supported for beneficiaries;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Quantity, volume, and
service output supported for beneficiaries; quality of public-utility
telecommunications products and services (according to current criteria and
standards);
d) Duration of support
for use of public-utility telecommunications services for beneficiaries (number
of months, commencement time of support implementation, and termination time of
support);
dd) Price of
public-utility telecommunications services as prescribed by law;
e) Support level for each
type of service for each category of eligible beneficiaries promulgated by
competent state authorities as prescribed in Clause 3 Article 24 of this
Decree;
g) Value of the order
placement contract: being the total funding for supporting the use of
public-utility telecommunications services for eligible beneficiaries via
telecommunications enterprises, agreed upon between the Vietnam public-utility
telecommunications service fund and the telecommunications enterprises based on
Points c, d, dd, and e of this Clause and relevant laws; the specific value
shall be detailed in the contract appendices;
h) Type of contract;
i) Advance payment of
funds;
k) Report on contract
implementation results;
l) Method of acceptance
of contract implementation results and contract finalization;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
n) Rights and obligations
of the concerned parties;
o) Responsibilities of
the concerned parties for breach of contract and settlement procedures;
In addition to the
contents specified in this Clause, the contract may include additional contents,
consistent with the management requirements for implementing the public-utility
telecommunications service program (if any).
6. Process for placing
orders with enterprises for support for the use of public-utility
telecommunication services:
a) Preparation and
approval of the annual ordering plan:
Based on the
implementation plan for the public-utility telecommunications service program
and the estimate for public-utility telecommunications activities of the
Ministry of Science and Technology of Vietnam, the Vietnam public-utility
telecommunications service fund shall organize the preparation and approval of
the ordering plan for supporting the use of public-utility telecommunications
services.
The ordering plan shall include
the following fundamental contents: Name of the public-utility
telecommunications service; expected number of eligible beneficiaries using
universal telecommunications services and mandatory telecommunications service
output; service quality; duration of service use support; ordering estimate
determined in accordance with Clause 4 of this Article; supervision,
assessment, and service quality inspection mechanisms; regulations on
inspection and acceptance of ordered services and other contents as decided by
the Vietnam public-utility telecommunications service fund.
The completion time for
approving the ordering plan for the planned year must ensure sufficient time to
implement the procedures prescribed in Point a Clause 3 Article 9 of this
Decree. For the first year of implementing the subsequent-period public-utility
telecommunications service program, the completion time for approving the
ordering plan shall comply with the guidelines for implementing the
public-utility telecommunications service program promulgated by the Minister
of Science and Technology of Vietnam.
b) Identification of
telecommunications enterprises receiving the ordering plan:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Order placement
registration:
Telecommunications
enterprises shall, based on Clause 4 of this Article and the notice of the
Vietnam public-utility telecommunications service fund, carry out the order
placement registration in accordance with Point a Clause 3 Article 9 of this
Decree; and concurrently submit to the Ministry of Science and Technology of
Vietnam the pricing plan for public-utility telecommunications services in
accordance with the law.
d) Assessment of the
telecommunications enterprises’ order placement registration for support for
the use of public-utility telecommunications services:
The Vietnam
public-utility telecommunications service fund shall complete the assessment
within the time limit prescribed in Point a Clause 3 Article 9 of this Decree
and notify telecommunications enterprises of the assessment results. The
assessment shall cover: compliance with the conditions prescribed in Clause 2
Article 9 of this Decree; implementation of contract for support for the use of
public-utility telecommunications services in the year preceding the enterprise’s
planned year; and the scale of beneficiaries, volume, and service output
registered for order placement for service use support in the planned year.
dd) Negotiation of the
order placement contract for support for the use of public-utility
telecommunications services:
Based on the
public-utility telecommunications service prices prescribed by law and the
enterprises’ order placement registrations, the Vietnam public-utility
telecommunications service fund and telecommunications enterprises that fully
meet the requirements of the ordering plan shall conduct contract negotiation.
The negotiation shall cover the following: clarification of services, number of
beneficiaries using universal telecommunications services, scale of mandatory
telecommunications service output, type of contract, order placement contract
value in accordance with regulations, expected implementation schedule,
clarification of any insufficient or unclear details in the ordering plan, and
other necessary contents.
During the contract negotiation
process, the participating parties must finalize the draft contract, including
detailed contract terms and appendices.
e) Approval of the order
placement decision for support for the use of public-utility telecommunications
services:
Based on the record of
contract negotiation and the draft contract, before December 20 every year, the
Vietnam public-utility telecommunications service fund shall approve the order
placement decision, including: the telecommunications enterprise’s name;
public-utility telecommunications services; number of beneficiaries using
universal telecommunications services; mandatory telecommunications service
output; level of public-utility telecommunications service use support; support
duration (months); order placement contract value; type of contract; and other
necessary solutions or conditions to ensure the provision of public-utility
telecommunications service use support in accordance with regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Before December 25 every
year, the Vietnam public-utility telecommunications service fund and the
telecommunications enterprise shall conclude the order placement contract for
support for the use of public-utility telecommunications services for the
following year.
h) Implementation of the
order placement contract for support for the use of public-utility
telecommunications services:
The enterprise
implementing the contract shall receive an advance payment for the ordered
public-utility telecommunications service use support from the Vietnam
public-utility telecommunications service fund in accordance with Point c
Clause 3 Article 32 of this Decree, and shall organize and implement support
for the beneficiaries using public-utility telecommunications services as
prescribed in the contract.
The telecommunications
enterprise receiving the order shall receive registration for support for the
use of universal telecommunications services from eligible beneficiaries, and
consolidate the list of beneficiaries with demand for use of universal
telecommunications services in accordance with Point c Clause 3 Article 9 of
this Decree.
During contract
implementation, where a competent state authority revises or supplements the beneficiaries
or level of support for the use of public-utility telecommunications services,
the Vietnam public-utility telecommunications service fund and the enterprise
receiving the order shall cooperate in adjusting the contract accordingly.
i) Reporting on contract
implementation, acceptance, payment, and finalization of the contract for
implementing public-utility telecommunications service use support tasks shall
comply with Point b Clause 4, Clause 5, and Clause 6 Article 32 of this Decree,
and the enterprise shall assume responsibility for the accuracy of the reported
data;
k) Disclosure of
information on the implementation results of the order placement contract
(except information classified as state secrets): The Vietnam public-utility
telecommunications service fund shall disclose the information on contract
implementation results on its website and the Ministry of Science and
Technology of Vietnam’s web portal. The disclosure may occur during or after
the contract implementation period, but no later than 1 month from the date of
contract finalization.
Where bidding law and
relevant laws require disclosure of the implementation results of the order
placement, the Vietnam public-utility telecommunications service fund shall
comply accordingly.
7. Management of
beneficiaries using public-utility telecommunications services
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Management of support
for the use of mandatory telecommunications services shall be based on reports
on service use support results. The enterprise shall take legal liability for
the accuracy of reported data.
8. The Minister of
Science and Technology of Vietnam shall elaborate on this Article and the templates
used for implementing support for the use of public-utility telecommunications
services via telecommunications enterprises through order placement, in
conformity with each period’s public-utility telecommunications service
program.
Article
11. Support for use of public-utility telecommunications services for eligible
beneficiaries via telecommunications enterprises through task assignment
1. Support for the use of
public-utility telecommunications services through task assignment shall be
implemented by providing services to the service-using beneficiaries. The scope
of beneficiaries, service scale, and level of support funding for beneficiaries
supported in the use of public-utility telecommunications services via
telecommunications enterprises shall comply with the public-utility
telecommunications service program and the guidelines for implementing
public-utility telecommunications service programs promulgated by the Minister
of Science and Technology of Vietnam. Stability and continuity of service use
support shall be ensured, as prescribed in Article 25 of this Decree.
2. Conditions for
assigning tasks to enterprises providing public-utility telecommunications
services:
In addition to ensuring
the general principles and conditions specified in Clauses 1 and 2 Article 9 of
this Decree, the assignment of tasks to enterprises for support for the use of
public-utility telecommunications services shall be implemented when the
following conditions are satisfied:
a) The task assignment
method for support for the use of public-utility telecommunications services
has been specified in the public-utility telecommunications service program;
b) The conditions
prescribed in Point b Clause 2 Article 10 of this Decree;
c) Other conditions as
prescribed in the public-utility telecommunications service program.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The grounds specified
in Point a Clause 3 Article 10 of this Decree;
b) The funding estimates
for support for the use of public-utility telecommunications services for
eligible beneficiaries via telecommunications enterprises through task
assignment as prescribed in Point c Clause 2 Article 30 of this Decree, and the
funding estimates for performing other related tasks as prescribed in Point dd
Clause 2 Article 30 of this Decree (if any), which have been approved in
accordance with Point b Clause 3 Article 31 of this Decree;
4. Preparation and
approval of annual funding estimates for support for the use of public-utility
telecommunications services through task assignment for each enterprise:
a) Where the competent
authority has issued the level of support for the use of public-utility
telecommunications services, the preparation of the funding estimate for
service use support and contract value shall be based on the number of eligible
beneficiaries using universal telecommunications services, the expected
quantity of mandatory telecommunications service output, and the support level
for determination;
b) Where the competent
authority has not yet issued the level of support for the use of public-utility
telecommunications services, the preparation and approval of the funding
estimate for service use support shall be based on one or several of the
following sources: proposals of the telecommunications enterprise assigned the
task, and market price surveys for similar services. After the competent state
authority issues the support level as prescribed, the relevant agencies and
organizations must adjust the funding estimate and contract value accordingly.
5. Contents of the
contract for supporting the use of public-utility telecommunications services
under the assignment method: To be implemented in accordance with Clause 5
Article 10 of this Decree, in which the contract value is the approved estimate
for task performance.
6. Procedures for
implementing the task assignment for supporting the use of public-utility
telecommunications services:
a) To be implemented in
accordance with Point b Clause 3 Article 9 of this Decree;
b) The Ministry of
Science and Technology of Vietnam shall organize the selection of enterprises
and issue decisions assigning tasks to enterprises to provide support for the
use of public-utility telecommunications services as prescribed;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Based on the approved
estimate prescribed in Point c of this Clause, the Vietnam public-utility
telecommunications service fund shall conduct contract negotiation with the
telecommunications enterprises assigned the tasks. The contract negotiation
shall cover detailed contract terms and accompanying appendices;
dd) Based on Point b and
the results of the implementation of Point d of this Clause, the Vietnam
public-utility telecommunications service fund shall conclude contracts with
the telecommunications enterprises and send 1 copy of the contract to the
Ministry of Science and Technology of Vietnam for monitoring, and advance funds
to the enterprises in accordance with Point c Clause 3 Article 32 of this
Decree;
e) The telecommunications
enterprises shall implement the assigned tasks in accordance with the
guidelines for implementing the public-utility telecommunications service
program and the regulations of the contract;
g) Reporting on contract
implementation, acceptance, payment, and finalization of the contract for
implementing public-utility telecommunications service use support tasks shall
comply with Point b Clause 4, Clause 5, and Clause 6 Article 32 of this Decree,
and the enterprise shall assume responsibility for the accuracy of the reported
data;
h) Disclosure of
information on the implementation results of the contract (except information
classified as state secrets): The Vietnam public-utility telecommunications service
fund shall disclose the information on contract implementation results on its
website and the Ministry of Science and Technology of Vietnam’s web portal. The
disclosure may occur during or after the contract implementation period, but no
later than 1 month from the date of contract finalization.
7. The management of
beneficiaries using public-utility telecommunications services under the task
assignment method shall comply with Clause 7 Article 10 of this Decree.
8. The Minister of
Science and Technology of Vietnam shall elaborate on this Article and the
templates used for implementing support for the use of public-utility
telecommunications services via telecommunications enterprises through task
assignment, in conformity with each period’s public-utility telecommunications
service program.
Article
12. Support for use of public-utility telecommunications services for eligible
beneficiaries through direct support
1. Support for the use of
public-utility telecommunications services through direct support shall be
applied to support for the use of universal telecommunications services, with
support provided in the form of monetary support. Beneficiaries shall receive
funds directly from the organization responsible for transferring money to
those eligible for service use support under the public-utility
telecommunications service program. Beneficiaries shall receive support at a
level determined by the competent authority in accordance with Clause 3 Article
24 of this Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In addition to ensuring
the general principles and conditions specified in Clauses 1 and 2 Article 9 of
this Decree, direct support for beneficiaries eligible for support for the use
of public-utility telecommunications services shall be implemented when the
following conditions are satisfied:
a) The direct support
method for supporting eligible beneficiaries in the use of public-utility
telecommunications services has been specified in the public-utility
telecommunications service program.
b) The conditions
prescribed in Point c Clause 2 Article 10 of this Decree;
c) Measures are in place
to ensure that beneficiaries use the support funds for the intended purposes as
prescribed under the public-utility telecommunications service program.
3. Grounds for providing
support for the use of public-utility telecommunications services for eligible
beneficiaries through direct support:
a) The grounds specified
in Points b and c Clause 3 Article 10 of this Decree;
b) The funding estimates
for support for the use of public-utility telecommunications services for
eligible beneficiaries through direct support as prescribed in Point c Clause 2
Article 30 of this Decree, and the funding estimates for performing other
related tasks as prescribed in Point dd Clause 2 Article 30 of this Decree (if
any), which have been approved in accordance with Point b Clause 3 Article 31
of this Decree;
c) The list of
beneficiaries eligible for support through the direct support method provided
by the local competent authority.
4. Annual funding
estimates for providing support for the use of public-utility
telecommunications services for eligible beneficiaries through direct support:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Procedures for
providing support for the use of public-utility telecommunications services for
eligible beneficiaries through direct support:
b) The preparation of the
list of beneficiaries eligible for receiving support for the use of
public-utility telecommunications services shall comply with Point d Clause 3
Article 9 of this Decree;
b) Based on the list
under Point a of this Clause, the Vietnam public-utility telecommunications
service fund shall conduct the review, consolidation of the list, approval of
the funding estimate for direct support for the eligible beneficiaries, and
implement the transfer of funds to the eligible beneficiaries.
The Vietnam public-utility
telecommunications service fund may select an intermediary payment organization
to pay the support funds to the eligible beneficiaries. In this case, when
entrusting the payment of support funds, the Vietnam public-utility
telecommunications service fund shall organize bidding to select the contractor
providing the entrusted payment service in accordance with the law on bidding.
c) Periodically, on a
monthly or quarterly basis, the intermediary payment organization shall
implement the transfer of funds to the beneficiaries in accordance with the
guidelines for implementing the public-utility telecommunications service
program;
d) The Vietnam
public-utility telecommunications service fund shall consolidate the funds paid
to the eligible beneficiaries as prescribed in Clause 2 Article 33 of this
Decree.
6. The management of
beneficiaries eligible for support for the use of public-utility
telecommunications services under the direct support method shall comply with
Clause 7 Article 10 of this Decree.
7. The Minister of
Science and Technology of Vietnam shall elaborate on this Article and the
templates used for implementing support for the use of public-utility
telecommunications services for eligible beneficiaries through direct support,
in conformity with each period’s public-utility telecommunications service
program.
Section
3. SUPPORT FOR TERMINAL EQUIPMENT THROUGH BIDDING, TASK ASSIGNMENT, OR DIRECT
SUPPORT FOR ELIGIBLE BENEFICIARIES
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Management principles
for supporting terminal equipment for eligible beneficiaries:
a) Ensuring that support
is provided for the correct beneficiaries and under the correct support methods
as prescribed in the public-utility telecommunications service program;
b) Ensuring that support
is provided only for beneficiaries with actual needs, and each beneficiary may
receive support through only one form and one method as prescribed in the
public-utility telecommunications service program;
c) Ensuring cooperation
among related ministries, central authorities, and local authorities in
managing the beneficiaries according to their scope of management;
d) Ensuring that the
level of support for terminal equipment complies with the public-utility
telecommunications service program and the financial resources of the Vietnam
public-utility telecommunications service fund.
2. General conditions for
terminal equipment support:
a) Conditions for enterprises:
Enterprises participating in bidding for the provision of terminal equipment
must be enterprises of all economic sectors established in accordance with
Vietnamese law and must have registered business lines suitable for the goods
and services of the bidding package;
b) Enterprises
participating in providing terminal equipment support through task assignment
must be enterprises currently providing public-utility telecommunications
services for the eligible beneficiaries;
c) The public-utility
telecommunications service program must have been approved by the Prime
Minister of Vietnam, and the plan for supporting terminal equipment and the
funding estimate for implementing terminal equipment support must have been
approved by the Ministry of Science and Technology of Vietnam in accordance
with regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Based on the
guidelines for implementing the public-utility telecommunications service program
promulgated by the Minister of Science and Technology of Vietnam and the demand
for terminal equipment support from the beneficiaries, the provincial People’s
Committee shall prepare and send the list of eligible beneficiaries under its
management according to the template promulgated by the Minister of Science and
Technology of Vietnam to the Vietnam public-utility telecommunications service
fund for implementation in accordance with regulations. At the same time, send
the list to the commune-level People’s Committee for issuance of notices to the
beneficiaries;
b) The Minister of
Science and Technology of Vietnam shall elaborate on Point a of this Clause and
the templates for implementation, in conformity with each period’s
public-utility telecommunications service program.
Article
14. Support for terminal equipment for eligible beneficiaries via enterprises
through bidding
1. Support for terminal
equipment for eligible beneficiaries via enterprises through bidding, as
provided in this Article, shall be applied when the support is in the form of
in-kind support. The supported terminal equipment must comply with the
technical requirements and quality standards prescribed in the public-utility
telecommunications service program and the guidelines for implementing the
public-utility telecommunications service program promulgated by the Minister
of Science and Technology of Vietnam. The support level for terminal equipment
includes the purchase price of the equipment and associated services (if any)
according to the bidding results organized by the competent state authority.
2. Conditions for
supporting terminal equipment for eligible beneficiaries via enterprises
through bidding:
In addition to ensuring
the general principles and conditions specified in Clauses 1 and 2 Article 13
of this Decree, support for terminal equipment through bidding shall be
implemented when the following conditions are satisfied:
a) Technical requirements
and quality standards for terminal equipment have been provided in the guidelines
promulgated by the Minister of Science and Technology of Vietnam;
b) There is a list of
eligible beneficiaries for terminal equipment support prepared by the local
authority in accordance with Point a Clause 3 Article 13 of this Decree.
3. Grounds for
implementing support for terminal equipment through bidding:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) The public-utility
telecommunications service program and the plan for in-kind support for
terminal equipment promulgated by the Ministry of Science and Technology of Vietnam;
c) The funding estimates
for in-kind support for terminal equipment for eligible beneficiaries via
telecommunications enterprises through bidding as prescribed in Point d Clause
2 Article 30 of this Decree, and the funding estimates for performing other
related tasks as prescribed in Point dd Clause 2 Article 30 of this Decree (if
any), which have been approved in accordance with Point b Clause 2 Article 31
of this Decree;
d) The list of beneficiaries
eligible for in-kind terminal equipment support provided by the provincial
People’s Committee in accordance with Point a Clause 3 Article 13 of this
Decree;
dd) Guidelines for
technical requirements and quality standards for terminal equipment.
4. In-kind support for
terminal equipment for eligible beneficiaries includes the provision of
equipment, equipment warranty, and accompanying accessories (if any), to be
delivered to the beneficiary at their place of residence in accordance with the
guidelines for implementing the public-utility telecommunications service
program promulgated by the Minister of Science and Technology of Vietnam. Where
the support for terminal equipment includes services such as user guidance,
installation, or configuration, such services shall be included in the support
content.
5. Implementation of
support for terminal equipment through bidding:
a) The organization of
bidding for the provision of terminal equipment shall be carried out in
accordance with the law on bidding and this Decree. The Minister of Science and
Technology of Vietnam shall implement the responsibilities and powers of the
competent person, and the Vietnam public-utility telecommunications service
fund shall implement the responsibilities and powers of the project owner in
accordance with the law on bidding;
b) Based on the list of
beneficiaries eligible for terminal equipment support prepared under Point a
Clause 3 Article 13 of this Decree, the support content specified in Clause 4
of this Article, and the regulations on expenditures on terminal equipment
support prescribed in Clause 1 Article 26 of this Decree, as well as the
approved funding estimate under Point c Clause 3 of this Article, the Vietnam
public-utility telecommunications service fund shall organize bidding for the
provision of equipment in accordance with the law on bidding. The project owner
shall not be required to appraise and approve the procurement estimate;
c) The contractor
implementing the bidding package for the provision of terminal equipment shall
deliver the terminal equipment and prepare a handover record for the
beneficiaries on the list of eligible beneficiaries; the handover record shall
be witnessed by a representative of the local authority where the beneficiary
resides, in accordance with the public-utility telecommunications service
program implementation guidelines promulgated by the Minister of Science and
Technology of Vietnam;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. The provincial
People’s Committee shall direct local state authorities to cooperate with the
Vietnam public-utility telecommunications service fund and the contractor to
deliver the supported terminal equipment to beneficiaries under their
management.
7. The Minister of
Science and Technology of Vietnam shall elaborate on Point c Clause 5 of this
Article and the templates for implementation, in conformity with each period’s
public-utility telecommunications service program.
Article
15. Support for terminal equipment for beneficiaries through enterprises under
task assignment to telecommunications enterprises for implementation
1. Support for terminal
equipment for beneficiaries through enterprises under task assignment to
telecommunications enterprises (implemented in accordance with this Article)
shall be applicable to support provided in cash and assigned to enterprises
providing public-utility telecommunications services for implementation.
Beneficiaries shall receive support in an amount stipulated by the
public-utility telecommunications service program.
2. Conditions for
implementing support for terminal equipment for beneficiaries through
enterprises under task assignment to telecommunications enterprises for
implementation:
In addition to ensuring
the principles and conditions specified in Clauses 1 and 2 Article 13 of this
Decree, support for terminal equipment through task assignment shall be
implemented when the following conditions are satisfied:
a) Point b Clause 2
Article 14 of this Decree;
b) The competent state
authority has promulgated the level of support for terminal equipment;
c) There are measures in
place to ensure that the support funds granted to beneficiaries are used for the
correct purposes, in accordance with the guidelines for implementing the
public-utility telecommunications service program promulgated by the Minister
of Science and Technology of Vietnam.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The public-utility
telecommunications service program and the implementation plan for terminal
equipment support in cash through task assignment promulgated by the Ministry
of Science and Technology of Vietnam;
b) The list of beneficiaries
eligible for terminal equipment support in cash provided by the provincial
People’s Committee in accordance with Point a Clause 3 Article 13 of this
Decree;
c) The funding estimates
for support for terminal equipment in cash for eligible beneficiaries via
telecommunications enterprises through task assignment as prescribed in Point d
Clause 2 Article 30 of this Decree, and the funding estimates for performing
other related tasks as prescribed in Point dd Clause 2 Article 30 of this
Decree (if any), which have been approved in accordance with Point b Clause 2
Article 31 of this Decree;
d) The level of support
for terminal equipment in cash promulgated by the competent state authority in
accordance with the public-utility telecommunications service program;
dd) The decision on
expenditure levels for payment as prescribed in Point b Clause 1 Article 27 of
this Decree.
4. Funding estimates for
the assignment of tasks of support terminal equipment to each
telecommunications enterprise:
The funding estimates for
support for terminal equipment through task assignment shall be prepared based
on the following information and data: the list of beneficiaries currently
using public-utility telecommunications services of each enterprise provided by
the local authority, the level of support funding for each category of
beneficiaries promulgated by the competent state authority in accordance with
the public-utility telecommunications service program, and the cost of paying
support funds to beneficiaries as prescribed in Point b Clause 1 Article 27 of
this Decree.
5. Contents of the
contract for performing the task of terminal equipment support:
a) Service name;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Number of
beneficiaries eligible for terminal equipment support;
d) Support duration;
dd) Level of funding for
terminal equipment support for each category of beneficiaries;
e) Total funding for
terminal equipment support for the eligible beneficiaries, determined based on
Points c and dd of this Clause;
g) Contract value: the
cost of paying funds to the enterprise for performing the task of paying funds
to beneficiaries eligible for terminal equipment support;
h) Type of contract;
i) Advance payment of
funds;
k) Report on contract
implementation results;
l) Method of acceptance
of contract implementation results and contract finalization;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
n) Rights and obligations
of the concerned parties;
o) Responsibilities of
the concerned parties for breach of contract and settlement procedures;
p) In addition to the
contents specified in this Clause, the contract may include additional
contents, consistent with the management requirements for implementing the
public-utility telecommunications service program (if any).
6. Procedures for
assigning tasks to enterprises to implement terminal equipment support:
a) Preparation of the
list of eligible beneficiaries in accordance with Point a Clause 3 Article 13
of this Decree;
b) Based on the list of
beneficiaries eligible for terminal equipment support provided by the
provincial People’s Committee, the Ministry of Science and Technology of
Vietnam shall prepare and approve the task assignment for each enterprise and
the funding estimates for implementing terminal equipment support in the form
of monetary support corresponding to the number of beneficiaries supported in
the use of universal telecommunications services of each enterprise included in
the list proposed by the local authority under Point a of this Clause;
c) Based on the approval
decision under Point b of this Clause, within 7 working days, the Vietnam
public-utility telecommunications service fund shall conclude task performance
contracts with telecommunications enterprises and advance funds to such enterprises
as prescribed;
d) Enterprises shall
organize the implementation of the contracts and report to the Vietnam
public-utility telecommunications service fund on the results of the contracts for
terminal equipment support in cash for eligible beneficiaries in accordance
with the contracts, and shall be paid payment costs based on the results of
task performance and regulations under Point b Clause 1 Article 27 of this
Decree;
dd) During the process of
paying funds for terminal equipment support to eligible beneficiaries under its
management, the provincial People’s Committee shall direct local state
authorities to cooperate with the enterprises assigned to provide terminal
equipment support in cash in accordance with the guidelines for implementing
the public-utility telecommunications service program promulgated by the
Minister of Science and Technology of Vietnam;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Disclosure of
information on the implementation results of the contract (except information
classified as state secrets): The Vietnam public-utility telecommunications service
fund shall disclose the information on contract implementation results on its
website and the Ministry of Science and Technology of Vietnam’s web portal. The
disclosure may occur during or after the contract implementation period, but no
later than 1 month from the date of contract finalization.
7. The Minister of
Science and Technology of Vietnam shall elaborate on this Article and the
templates for implementation, in conformity with each period’s public-utility
telecommunications service program.
Article
16. Direct support for beneficiaries eligible for terminal equipment support
1. Direct support for
beneficiaries eligible for terminal equipment support under this Article shall
be implemented in the form of monetary support in accordance with the
public-utility telecommunications service program. Beneficiaries eligible for
terminal equipment support shall receive support funds directly from the
Vietnam public-utility telecommunications service fund or through an
intermediary payment organization responsible for paying the support funds, and
be responsible for purchasing the equipment. The support level shall comply
with the public-utility telecommunications service program.
2. Implementation
conditions:
In addition to ensuring
the principles and conditions specified in Clauses 1 and 2 Article 13 of this
Decree, support for terminal equipment through direct support shall be
implemented when the following conditions are satisfied:
3. Implementation
grounds:
a) The public-utility
telecommunications service program and the implementation plan for terminal
equipment support in cash through direct support promulgated by the Ministry of
Science and Technology of Vietnam;
b) The funding estimates
for support for terminal equipment in cash for eligible beneficiaries through
direct support as prescribed in Point d Clause 2 Article 30 of this Decree, and
the funding estimates for performing other related tasks as prescribed in Point
dd Clause 2 Article 30 of this Decree (if any), which have been approved in accordance
with Point b Clause 2 Article 31 of this Decree;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) The list of
beneficiaries eligible for terminal equipment support through direct support
provided by the provincial People’s Committee in accordance with Point a Clause
3 Article 13 of this Decree;
4. Funding estimates for
direct support for terminal equipment for each implementation phase:
Funding estimates for
terminal equipment support shall be determined based on the list of eligible
beneficiaries prepared by the local authority and the level of support funding
applicable to each category of beneficiaries promulgated by the competent
authority under the public-utility telecommunications service program. In cases
where an intermediary payment organization is entrusted to transfer support
funds to eligible beneficiaries, the funding estimate shall include the costs
of the entrusted payment service as prescribed by regulations.
5. Procedures for
implementing direct support for beneficiaries eligible for terminal equipment
support for each support phase:
a) Based on the list of
beneficiaries eligible for terminal equipment support prepared in accordance
with Point a Clause 3 Article 13 of this Decree, the Vietnam public-utility
telecommunications service fund shall: prepare and approve funding estimates
for direct terminal equipment support for eligible beneficiaries and transfer
support funds to the beneficiaries. The Vietnam public-utility
telecommunications service fund may select an intermediary payment organization
to pay support funds to the eligible beneficiaries. In such cases, the Vietnam
public-utility telecommunications service fund shall transfer funds to the
eligible beneficiaries in accordance with Point b Clause 5 Article 12 of this
Decree.
b) Settlement of funding
for terminal equipment support shall comply with Clause 2 Article 33 of this
Decree.
6. The Minister of
Science and Technology of Vietnam shall elaborate on this Article and the
templates for implementation, in conformity with each period’s public-utility
telecommunications service program.
Chapter
III
FINANCIAL
MECHANISM FOR IMPLEMENTING PUBLIC-UTILITY TELECOMMUNICATIONS ACTIVITIES
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
17. Contribution level of telecommunications enterprises to Vietnam
public-utility telecommunications service fund
1. The contribution level
of telecommunications enterprises to the Vietnam public-utility telecommunications
service fund shall be determined as a percentage (%) of telecommunications
service revenue, not exceeding 1,5%. The specific contribution level of
telecommunications enterprises to the Vietnam public-utility telecommunications
service fund for each period shall be decided by the Prime Minister of Vietnam
in the public-utility telecommunications service program.
Telecommunications
service revenue subject to contribution to the Vietnam public-utility
telecommunications service fund shall be determined in accordance with the law,
excluding the revenues of telecommunications enterprises, generated from the
provision of public-utility telecommunications services as prescribed in
Articles 20, 21, and 22 of this Decree.
2. Financial
contributions of telecommunications enterprises to the Vietnam public-utility
telecommunications service fund shall be accounted as telecommunications
service business costs of the enterprise.
3. The starting time for
calculating contributions of telecommunications enterprises to the Vietnam
public-utility telecommunications service fund must ensure the following
requirements:
a) Assurance of funding
needs for implementing the public-utility telecommunications service program for
each period, with priority given to utilizing the remaining funding carried
over from the public-utility telecommunications service program of the previous
period;
b) Assurance of
consistency with the implementation plan and payment schedule of the public-utility
telecommunications service program for each period;
c) Where the contribution
collection period is less than 12 months in a year, contribution calculation
shall be based on the monthly average revenue in that year and the number of
contribution-collecting months during that year;
d) The stopping time for
contribution collection shall be determined based on the actual funding needs
to implement the public-utility telecommunications service program;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
18. Entities entitled to exemption or reduction of contributions to Vietnam
public-utility telecommunications service fund
1. A telecommunications
enterprise licensed for the first time to provide telecommunications services
without its own network infrastructure shall be exempted from contribution to
the Vietnam public-utility telecommunications service fund for 2 years from the
date of licensing. It shall also be entitled to a 50% reduction of the
contribution level for the subsequent 2 years after the exemption period
expires.
2. For telecommunications
enterprises prescribed in Clause 1 of this Article that have been licensed for
the first time to provide telecommunications services without network
infrastructure before the effective date of this Decree, such enterprises shall
be entitled to exemption and reduction of contributions to the Vietnam
public-utility telecommunications service fund for the remaining period of
their entitled exemption or reduction calculated from the date they are
licensed.
Section
2. USE OF VIETNAM PUBLIC-UTILITY TELECOMMUNICATIONS SERVICE FUND FOR
PUBLIC-UTILITY TELECOMMUNICATIONS ACTIVITIES
Article
19. Management of support costs for enterprises providing public-utility
telecommunications services
1. The State shall
provide support from the Vietnam public-utility telecommunications service fund
for enterprises for the development, upgrading, and maintenance of
telecommunications infrastructure to provide public-utility telecommunications
services to offset the following costs:
a) Depreciation costs of
fixed assets of telecommunications infrastructure invested in by
telecommunication enterprises for the development and upgrading of
telecommunications infrastructure in disadvantaged areas eligible for
telecommunications service universalization (hereinafter referred to as
“depreciation costs”);
b) Telecommunications
infrastructure maintenance costs, including: labor; electricity; maintenance;
regular repair of works and work items; lease of premises and sites for
construction and installation of telecommunications infrastructure invested in
by telecommunications enterprises (hereinafter referred to as “maintenance
costs”);
c) Costs of leasing
infrastructure; purchasing telecommunications traffic or services; leasing
transmission lines, leasing satellite services from other telecommunications
enterprises, excluding the costs specified in Points a and b of this Clause
(hereinafter referred to as “leasing costs”);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The supported costs and
the determination of annual support cost levels for enterprises providing
public-utility telecommunications services shall be implemented through
bidding, order placement, and task assignment as prescribed in Articles 20, 21,
and 22 of this Decree.
2. Based on the
public-utility telecommunications service program, the Ministry of Science and
Technology of Vietnam shall stipulate measures to manage cost support for
enterprises providing public-utility telecommunications services, ensuring
compliance with the principles prescribed in Clause 1 Article 4 of this Decree.
3. Cost norms for
providing public-utility telecommunications services:
Cost norms for providing
public-utility telecommunications services include: annual cost norms for
depreciation of fixed assets of telecommunications infrastructure (hereinafter
referred to as “depreciation cost norms”); cost norms for maintenance of
telecommunications infrastructure (hereinafter referred to as “maintenance cost
norms”).
a) Depreciation cost
norms shall be determined based on the expected original cost of fixed assets
of telecommunications infrastructure divided by 7 (years).
The determination of
original cost of fixed assets for developing cost norms shall apply the
following methods: based on standard design of telecommunications works serving
the provision of public-utility telecommunications services as prescribed in
Clause 1 Article 5 of this Decree and the law on the management of construction
investment costs; based on the aggregation and analysis of survey data on the
costs of investment in the construction of telecommunications infrastructure
work items in disadvantaged areas eligible for telecommunications service
universalization reported by enterprises; or a combination of the above methods
to determine an original cost suitable to actual conditions. In case of conducting
data surveys, if there are survey data from 2 or more telecommunications
enterprises, the survey result shall be calculated based on the average of the
telecommunications enterprises' reported data.
The depreciation period of
fixed assets generally applied to telecommunications infrastructure work items
shall be 7 years.
The maintenance cost norm
is constituted from the cost items prescribed at Point b Clause 1 of this
Article. It is determined for each period of the public-utility
telecommunications service program.
The maintenance cost norm
shall be developed for each province. The following methods are applied to
determine the norm: survey, aggregation and analysis; application of relevant
norms, standards, and regulations promulgated by competent state authorities
(if any); or a combination of the above methods.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The survey data serving
as the basis for developing the cost norm shall be the data reported by at
least one telecommunications enterprise providing telecommunications services
in disadvantaged areas eligible for universalization of telecommunications
services. In case more than one telecommunications enterprise reports data, the
cost norm shall be calculated based on the average cost of the surveyed
telecommunications enterprises in the same area.
Where the survey content
requires telecommunications enterprises to report cost data but no actual data
arises in the surveyed area, the development of the maintenance cost norm shall
be based on proposals and explanations made by telecommunications enterprises
regarding their telecommunications infrastructure operation and management
processes, regulations, standards, cost norms currently applied by the
enterprises, market prices, and relevant laws.
c) Based on actual
circumstances, the Ministry of Science and Technology of Vietnam shall organize
the development of cost norms and make decisions on contents, forms, subjects,
and timing of data collection for the purpose of developing the cost norms
prescribed in Points a and b of this Clause;
d) The cost norms
promulgated under Points a and b of this Clause shall be applied for managing
the support provided for enterprises providing universal telecommunications
services throughout the duration of the public-utility telecommunications
service program. Where there are fluctuations in market prices or wages, the
competent state authority shall consider deciding the necessity of adjusting
the cost norms accordingly.
4. Telecommunications
enterprises licensed to establish network infrastructure shall be responsible for
reporting data and ensuring the accuracy of the reported data as required by
state authorities to serve the development of cost norms.
5. Application of cost
norms in the management of support for enterprises providing public-utility
telecommunications services:
a) In the case of bidding
for the provision of universal telecommunications services:
The depreciation cost
norm prescribed in Point a Clause 3 of this Article and the maintenance cost
norm prescribed in Point b Clause 3 of this Article shall be used for managing
and preparing bidding package cost estimate in accordance with Clause 5 Article
6 of this Decree, or used as a basis for controlling the level of support
funding for the enterprise implementing the bidding package in accordance with
Point dd Clause 3 Article 20 of this Decree. The mentioned cost norms are not
the funding levels applied to reimbursement to telecommunications enterprises.
b) In the case of order
placement for the provision of universal telecommunications services:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The maintenance cost norm
prescribed in Point b Clause 3 of this Article shall be applied to prepare
estimates and pay support funds to telecommunications enterprises receiving
orders in accordance with this Decree.
c) In the case of task
assignment for the provision of public-utility telecommunications services:
The cost norms
promulgated under Clause 3 of this Article shall be referred to when preparing
estimates for service provision. Where the applied cost norms are not suitable,
the preparation of task performance estimates shall be based on the law on the
management of construction investment costs, market prices, regulations on
management, use, and depreciation of fixed assets, and other relevant laws.
Enterprises assigned the task shall prepare and propose the estimate for
service provision in accordance with Point g Clause 6 Article 8 of this Decree.
6. Management of leasing
costs:
a) In the case of service
provision through bidding, enterprises shall be supported for leasing costs in
accordance with Point e Clause 3 Article 20 of this Decree;
b) In the case of
providing universal telecommunications services through order placement or task
assignment in areas where services are already available, enterprises shall be
supported for leasing costs based on actual contracts and invoices, but not
exceeding the average leasing cost according to reported data of enterprises
providing public-utility telecommunications services that have engaged in
leasing in disadvantaged areas eligible for universalization of
telecommunications services, in the year immediately preceding the year of
order placement or task assignment, corresponding to each implementation
method.
Where only one enterprise
providing public-utility telecommunications services (that has engaged in
leasing) has reported data, the enterprise shall be supported for leasing
costs, but not exceeding the actual average leasing cost of the 3 consecutive
years preceding the year of order placement or task assignment. Where the
enterprise does not have sufficient leasing cost data for the 3 preceding
consecutive years, the leasing cost shall be determined based on the actual
cost data of the immediately preceding year or the current year as reported by
the enterprise.
c) In the case of
providing public-utility telecommunications services through task assignment in
areas where telecommunications services are not yet available: The leasing cost
estimates shall be prepared based on enterprises’ reports on market price
surveys and on cost-support management measures for enterprises stipulated by
the Ministry of Science and Technology of Vietnam in accordance with Clause 2
of this Article; enterprises shall be supported for leasing costs according to
actual contracts and invoices within the approved estimate for the provision of
public-utility telecommunications services.
7. Determination of
generated revenue
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) In the case of
bidding: Generated revenue shall be determined based on the results of the
bidding for service provision;
b) In the case of order
placement or task assignment: Generated revenue includes the revenues specified
in Clause 7 Article 3 of this Decree. Regarding the utilization of
telecommunications infrastructure to provide services, revenue from
telecommunications services shall comply with Clause 1 Article 10 of Decree No.
163/2024/ND-CP dated December 24, 2024 of the Government of Vietnam. Generated
revenue shall be determined based on contracts and service invoices issued by
the enterprise.
The determination of
generated revenue when determining the level of support expenditures for
telecommunications enterprises providing public-utility telecommunications
services through order placement or task assignment shall comply with the
following principles: In case the telecommunications enterprise only invests in
telecommunications infrastructure with the scale specified in the contract for
the provision of public-utility telecommunications services, the generated
revenue shall be the entire revenue specified in Clause 7 Article 3 of this
Decree as reported by the enterprise; in case the enterprise invests in
telecommunications infrastructure with a scale greater than the scale specified
in the contract for the provision of public-utility telecommunications
services, and incurs costs exceeding the level of funding supported by the
State as prescribed in Articles 21 and 22 of this Decree, the generated revenue
shall be determined based on allocation according to the proportion of the
costs supported by the State and the costs self-offset by the enterprise. The
portion of revenue allocated to the State-supported cost shall be the generated
revenue used to determine the level of support expenditures for the enterprise.
c) Telecommunications
enterprises shall report generated revenue in accordance with Point b of this
Clause and the guidelines of the Minister of Science and Technology of Vietnam
specified in Clause 8 of this Article.
8. The Minister of
Science and Technology of Vietnam shall develop and promulgate the cost norms
specified in Clause 3 of this Article, elaborate on the implementation of
Clause 6 and Point b Clause 7 of this Article, and stipulate reporting
templates on leasing costs and generated revenue of telecommunications
enterprises in conformity with the public-utility telecommunications service
program.
Article
20. Expenditures on support for telecommunications enterprises providing universal
telecommunications services through bidding
1. The expenditures on
support for enterprises providing universal telecommunications services include
the costs specified in Clause 1 Article 19 of this Decree. Depreciation costs
include depreciation for development and upgrading in disadvantaged areas
eligible for the universalization of telecommunications services. For
depreciation costs of transmission lines, they shall be calculated from the
telecommunications works that provide universal telecommunications services to
the network termination point of the enterprise’s telecommunications network.
2. The annual expenditure
on support for telecommunications enterprises implementing the bidding package
for providing public-utility telecommunications services shall be determined as
(=) Depreciation cost, plus (+) Maintenance cost, plus (+) Leasing cost (if
any), plus (+) Other costs (if any), minus (–) Revenue generated.
3. Determination of
determinants of the annual expenditure on support for telecommunications
enterprises:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Support funding shall
be determined solely based on the volume of services accepted in accordance
with the contract;
c) The depreciation cost
under the bidding package shall be determined by the total depreciation cost of
the fixed assets actually invested in by the telecommunications enterprise in
accordance with current regulations and depreciated over 7 years, divided by 7,
ensuring that it does not exceed the depreciation cost in the contract price;
where the enterprise depreciates over more than 7 years, the depreciation cost
beyond year 7 shall be self-covered by the enterprise;
d) Maintenance cost shall
be determined by the maintenance cost in the contract price over 7 years
divided by 7;
dd) Where, during bidding,
the bid price is not based on the approved cost estimate, the payment of
support funding for enterprises, in addition to the provisions under Point c
and Point d of this Clause, must ensure that the supported depreciation and
maintenance costs do not exceed the cost norms for providing universal
telecommunications services promulgated by the Minister of Science and
Technology of Vietnam. The review of depreciation and maintenance costs when
determining the support funding for the enterprise shall comply with Point đ
Clause 4 Article 6 of this Decree;
e) Leasing cost (if any)
shall be determined according to the leasing contract and legal invoices
reported by the enterprise, but must not exceed the total leasing cost in the
contract price (over 7 years) divided by 7, and must ensure no duplication with
depreciation costs and maintenance costs for providing universal
telecommunications services;
g) Revenue generated
(over 7 years) shall be determined based on the bidding results divided by 7;
h) Where areas within the
service coverage of the bidding package are not accepted, payment must be
reduced corresponding to the unaccepted service volume, and violations handled
under the contract;
i) Where the
telecommunications enterprise provides services for fewer than 12 months in a
year, the support amount for that year shall correspond to the number of months
of actual service provision that has been accepted.
4. Dossiers for
requesting acceptance of contract implementation results:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Report on depreciation
costs within the supported scope under the bidding package contract, accompanied
by the decision of the competent authority approving the final settlement of
the works or work items invested in by the telecommunications enterprise; in
which the detailed list of fixed assets formed under the works or work items
and the enterprise’s actual depreciation amount over 7 years divided by 7 must
be specified. This document shall be provided by the enterprise only when
requesting the first payment after obtaining approval for the settlement of
investment in the works;
c) Report on leasing
costs, accompanied by the leasing contract, invoices, and legal supporting
documents; other costs (if any).
5. Dossier for requesting
payment of funding:
In addition to the
service provision contract, the dossier submitted by the telecommunications
enterprise to the Vietnam public-utility telecommunications service fund for
payment of support funding includes:
a) Written request for
payment of funding;
b) Record of acceptance
of the service provision contract;
c) Table determining the value
of completed service volume;
d) Service provision
invoice(s) in accordance with the laws.
6. The telecommunications
enterprise shall take legal liability for the accuracy of documents and data
reported to state authorities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The expenditures on
support for enterprises providing universal telecommunications services through
order placement include:
a) For the order
placement case prescribed in Point a Clause 2 Article 7 of this Decree, the
telecommunications enterprise shall be supported for maintenance costs and
other costs as prescribed in Points b and d Clause 1 Article 19 of this Decree;
b) For the order placement
case prescribed in Point b Clause 2 Article 7 of this Decree, the expenditures
on support for the telecommunications enterprise include the costs prescribed
in Clause 1 Article 19 of this Decree, in which depreciation costs include
depreciation costs for development and upgrading in disadvantaged areas
eligible for the universalization of telecommunications services. For
depreciation costs of transmission lines, they shall be calculated from the
telecommunications works that provide universal telecommunications services to
the network termination point of the enterprise’s telecommunications network.
2. Annual expenditures on
support for telecommunications enterprises ordered to provide universal
telecommunications services:
a) For order placement under
Point a Clause 2 Article 7 of this Decree, the support expenditure equals (=)
Maintenance cost, plus (+) Other costs, minus (–) Revenue generated;
b) For order placement
under Point b Clause 2 Article 7 of this Decree, the support expenditure equals
(=) Depreciation cost, plus (+) Maintenance cost, plus (+) Leasing cost, plus
(+) Other costs, minus (–) Revenue generated;
c) The determination of
determinants of the level of support expenditures under Points a and b of this
Clause shall comply with Clause 3 of this Article.
3. Determination of
determinants of the annual expenditure on support for telecommunications
enterprises:
a) The period for
calculating funding support for the enterprise shall be determined in
accordance with the order placement contract and the period that has been
accepted;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) For order placement
under Point b Clause 2 Article 7 of this Decree: Depreciation costs during the
order placement period are the enterprise’s actual annual depreciation amounts
in accordance with regulations, but shall not exceed the depreciation cost
norms promulgated by competent state authorities; leasing costs shall be
determined as prescribed in Point b Clause 6 Article 19 of this Decree. For
depreciation costs of transmission lines, they shall be calculated from the
telecommunications works that provide universal telecommunications services to
the network termination point of the enterprise’s telecommunications network;
d) Maintenance costs
shall be determined according to the maintenance cost norms prescribed in Point
b Clause 3 Article 19 of this Decree;
dd) Revenue generated shall
be determined in accordance with Points b and c Clause 7 Article 19 of this
Decree.
4. Dossiers for
requesting acceptance of contract implementation results:
a) To be implemented in
accordance with Points a and c Clause 4 Article 20 of this Decree;
b) For order placement
under Point b Clause 2 Article 7 of this Decree, the enterprise shall include a
report on depreciation costs based on actual annual depreciation, accompanied
by the decision of the competent authority approving the final settlement of
the works or work items invested in by the telecommunications enterprise; and a
detailed list of fixed assets formed under the works or work items and actual
depreciation amounts for such assets. This document shall be provided only when
requesting the first acceptance and payment after obtaining approval for the
settlement of investment in the works;
5. Dossier for requesting
payment of funding: In accordance with Clause 5 Article 20 of this Decree.
6. Reporting templates
for contract implementation results and requests for payment of funding shall
comply with the regulations of the Minister of Science and Technology of
Vietnam. Telecommunications enterprises shall take legal liability for the
accuracy of documents and data reported to state agencies.
Article
22. Expenditure on support for telecommunications enterprises providing
public-utility telecommunications services through task assignment
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The expenditure on
support for telecommunications enterprises providing public-utility
telecommunications services through task assignment consists of the
enterprise’s actual costs specified in the final settlement report on task
performance, after deducting revenue generated as reported by the enterprise,
and within the estimate approved in accordance with Point k Clause 6 Article 8
of this Decree. The determination of the annual support expenditure for the
telecommunications enterprise shall comply with Clause 3 of this Article.
3. Determination of
determinants of the annual expenditure on support for telecommunications
enterprises:
a) The starting time for
calculating support funding for the enterprise shall be: For the assignment of
tasks of developing and maintaining and upgrading and maintaining
telecommunications infrastructure, the starting time shall be from the month
following the month in which the enterprise puts the completed works into
operation for service provision until the end of the contract; for the
assignment of tasks of maintaining existing telecommunications infrastructure,
the starting time shall be from the date the assignment decision is issued
until the end of the current public-utility telecommunications service program;
b) Support funding shall
be determined only on the basis of the service volume accepted in accordance
with the contract;
c) Depreciation costs and
maintenance costs of the telecommunications infrastructure of the enterprise
during the task assignment period are the enterprise’s actual annual costs
according to its final settlement report;
d) Leasing costs shall be
determined in accordance with Points b and c Clause 6 Article 19 of this
Decree; revenue generated shall be reported by the telecommunications enterprise
in accordance with Points b and c Clause 7 Article 19 of this Decree.
4. Dossiers for
requesting acceptance of contract implementation results:
a) To be implemented in
accordance with Points a and c Clause 4 Article 20 of this Decree;
b) For the assignment of
tasks of developing and maintaining, upgrading and maintaining
telecommunications infrastructure to provide public-utility telecommunications
services, the enterprise shall include a report on depreciation costs within
the supported scope under the task performance contract, accompanied by the
decision of the competent authority approving the final settlement of the works
or work items invested in by the telecommunications enterprise; together with a
detailed list of fixed assets formed under the works or work items and the
enterprise’s actual annual depreciation amounts based on its settlement.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. Reporting templates
for contract implementation results and requests for payment of funding shall
comply with the regulations of the Minister of Science and Technology of
Vietnam. Telecommunications enterprises shall take legal liability for the
accuracy of documents and data reported to state agencies as prescribed by
regulations.
Article
23. Duration of support for telecommunications enterprises providing
public-utility telecommunications services and assurance of stability and
continuity through public-utility telecommunications service programs
1. For bidding:
a) The duration of
support for the telecommunications enterprise implementing a bidding package
for providing universal telecommunications services is 7 consecutive years (84
months) from the month following the month the telecommunications works are put
into operation to provide universal telecommunications services;
b) Where the duration up
to the end of the current public-utility telecommunications service program is
less than 7 years, the funding for the remaining duration shall be allocated
under the subsequent-period public-utility telecommunications service programs
to ensure full support for the support duration prescribed in Point a of this
Clause;
c) After the end of the
support duration specified in Point a of this Clause, the telecommunications
enterprise shall continue to receive support for maintenance costs of
telecommunications infrastructure through order placement, provided that the
conditions and grounds under Clauses 2 and 3 Article 7 of this Decree are
satisfied, and in accordance with the duration prescribed in Clause 2 of this
Article.
2. For order placement:
a) The duration of
support for the telecommunications enterprise receiving orders to provide
universal telecommunications services under Clause 2 Article 7 of this Decree
shall be calculated from the month specified in the order placement contract,
consistent with the public-utility telecommunications service program and Point
b of this Clause, until the end of the ongoing program. With respect to order
placement contracts for providing public-utility telecommunications services
under the public-utility telecommunications service program of the immediately
preceding period, stability and continuity shall be ensured in accordance with
Point b of this Clause;
b) After the end of the
duration specified in Point a of this Clause, the telecommunications enterprise
shall continue to receive orders to provide universal telecommunications
services under the subsequent-period public-utility telecommunications service
program if it satisfies the conditions and grounds prescribed in Clauses 2 and
3 Article 7 of this Decree, calculated from the effective date of the
subsequent-period public-utility telecommunications service program.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The duration of
support for telecommunications enterprises assigned the tasks of developing new
and maintaining telecommunications infrastructure, or upgrading and maintaining
telecommunications infrastructure, for the cases specified in Points a and b
Clause 2 Article 8 of this Decree, shall be 7 consecutive years (84 months)
from the month following the month in which the telecommunications works are
put into operation for service provision.
Where the duration up to the
end of the current public-utility telecommunications service program is less
than 7 years, the funding for the remaining duration shall be allocated under
the subsequent-period public-utility telecommunications service programs to
ensure full support for the support duration prescribed by regulations.
b) The support duration
for a telecommunications enterprise in cases where the enterprise only performs
the task of maintaining telecommunications infrastructure, as specified in Clause
2 Article 8 of this Decree, shall start from the date of signing the task
performance contract until the end of the ongoing public telecommunications
service program.
c) After the end of the
support duration specified in Points a and b of this Clause, the
telecommunications enterprise shall continue to receive support for the cost of
maintaining telecommunications infrastructure to provide public-utility
telecommunications through order placement or task assignment, provided that
the enterprise satisfies the conditions and grounds prescribed in Clauses 2 and
3 Article 7 or Clauses 2 and 3 Article 8 of this Decree, but not earlier than
the start date of the subsequent-period public telecommunications service
program
4. Assurance of stability
and continuity in supporting enterprises providing public-utility
telecommunications services upon the conclusion of a public telecommunications
service program shall be implemented in the following cases:
a) Where the program ends
and a subsequent-period public telecommunications service program has already
been issued, but the competent state authority has not yet promulgated the cost
norms for the provision of universal telecommunications services for the new
period, the cost norms applicable at the time the previous-period program ends
shall continue to be applied to manage support for enterprises through bidding
or order placement until the competent state authority promulgates the cost
norms for the subsequent-period program;
b) Where the program ends
and no subsequent-period public telecommunications service program has been
issued, but the Prime Minister of Vietnam has permitted an extension of the
implementation period of the previous-period program, the cost norms applicable
at the time the previous-period program ends shall continue to be applied to
manage support for enterprises through bidding or order placement until the
competent state authority promulgates the cost norms for the subsequent-period
program;
c) Where the program ends
with no subsequent-period public telecommunications service program has been
issued and the Prime Minister of Vietnam has not permitted an extension of the
previous-period program, the enterprises providing public-utility
telecommunications services as prescribed in Point a Clause 1 and Point a
Clause 3 of this Article shall continue to be supported by the Vietnam
public-utility telecommunications service fund under the service provision
contract, ensuring stability and continuity until the end of the contract
implementation period.
5. Support funding for
enterprises providing services during the implementation period of any public
telecommunications service program shall be settled against the budget of such
program. Where the Prime Minister of Vietnam decides to extend the implementation
period of the previous-period program, but the Vietnam public-utility
telecommunications service fund lacks sufficient funding sources to make
payments to enterprises during the extended period, the outstanding amount
shall be allocated to the expenditure estimates of the subsequent-period
public-utility telecommunications service program for payment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
24. Expenditures on support for beneficiaries using public-utility
telecommunications services
1. The maximum level of
support for the use of mandatory telecommunications services shall be equal to
the price of mandatory telecommunications services promulgated by the Minister
of Science and Technology of Vietnam and the service volume of each service
type eligible for support under the public-utility telecommunications service
program. Where a telecommunications enterprise sets a price for mandatory
telecommunications services lower than the price promulgated by the Minister of
Science and Technology of Vietnam, the enterprise’s specific price shall be
applied when calculating the support level.
2. Support levels for the
use of universal telecommunications services:
a) The support level
shall be specified for each type of service and each beneficiary eligible for
support for the use of services under the public-utility telecommunications
service program;
b) The support level for
the use of universal telecommunications services through order placement shall
be determined based on traffic, capacity, speed, and duration eligible for
support, and the price of universal telecommunications services promulgated by
the Minister of Science and Technology of Vietnam. Where the universal
telecommunications service price set by a telecommunications enterprise is
lower than the price promulgated by the Minister of Science and Technology of
Vietnam, the support level shall be calculated based on the enterprise’s price.
3. Based on Clauses 1 and
2 of this Article and the public-utility telecommunications service program,
the Minister of Science and Technology of Vietnam shall announce the specific
support levels for the use of public-utility telecommunications services, which
shall remain stable throughout the program period. The administrative
instrument for announcing support levels is a Decision.
Where the State adjusts
the prices of public-utility telecommunications services or changes
requirements relating to quality or duration of support compared to the time
when support levels were previously published, if deemed necessary, the
Minister of Science and Technology of Vietnam shall review and adjust the
support levels on the basis of ensuring balance in the funding sources of the
public-utility telecommunications service program.
4. Principles for
determining support levels for the use of universal telecommunications services
in cases where the usage duration is shorter than the unit of calculation of
the support level shall be as follows:
a) Where the support
level is calculated on a monthly basis: If the beneficiary is provided with
services for 15 days or more, 100% of the monthly support level shall apply; if
the beneficiary is provided with services for fewer than 15 days, 50% of the
monthly support level shall apply;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. The Minister of
Science and Technology of Vietnam shall elaborate on this Article and on the
dossiers, reporting templates, acceptance, and determination of payment funding
for support for the use of public-utility telecommunications services through
order placement, task assignment, or direct support for eligible beneficiaries
as prescribed in Articles 10, 11, and 12 of this Decree, in conformity with
each period’s public-utility telecommunications service program.
Article
25. Duration of support for use of public-utility telecommunications services
and assurance of stability and continuity of support through public-utility
telecommunications service programs
1. For support for the
use of mandatory telecommunications services:
a) The duration of
support for beneficiaries using mandatory telecommunications services and the
assurance of continuity shall comply with the regulations of the public-utility
telecommunications service programs. Where a program period ends and a
subsequent public-utility telecommunications service program has already been
issued but the competent authority has not yet promulgated support levels for
the use of mandatory telecommunications services for the new period, the
support level applicable at the end of the preceding public-utility
telecommunications service program shall continue to apply;
b) Where there is no
public-utility telecommunications service program for the subsequent period,
the Minister of Science and Technology of Vietnam shall request the Prime
Minister of Vietnam to extend the support duration for the use of mandatory
telecommunications services for the beneficiaries, with support levels
corresponding to those of the previous-period program;
c) Where the competent
authority does not approve the previous-period public-utility
telecommunications service program for extension, telecommunications
enterprises shall provide mandatory telecommunications services in accordance
with telecommunications law;
d) Funding for support
for service use after the end of the previous-period program, in the cases
specified at Points a and b of this Clause, shall be allocated from the
remaining funds of the previous-period program carried forward to the subsequent
period, or shall be allocated from the budget of the subsequent-period program,
and settled against the budget of that subsequent-period program.
2. For support for the
use of universal telecommunications services:
a) The duration of
support for beneficiaries using universal telecommunications services is
counted from the time the enterprise begins providing the service for the
beneficiary until the beneficiary ceases using the universal telecommunications
services in accordance with regulations. Where a public-utility
telecommunications service program ends and a subsequent-period program has
been issued but the competent state authority has not yet promulgated support
levels for the implementation of the subsequent-period public-utility telecommunications
service program, beneficiaries who are receiving support in the final month of
the previous-period program and who continue to fall within the eligible group
for support for the use of universal telecommunications services in the
subsequent period shall continue to be applied the support level for the use of
universal telecommunications services corresponding to the support level at the
time the previous-period public-utility telecommunications service program
ends, until the competent state authority promulgates new support levels;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Where a public-utility
telecommunications service program ends and no program has yet been issued for
the subsequent period, or the previous-period program has not been approved by the
Prime Minister of Vietnam for extension under Point b of this Clause,
telecommunications enterprises shall notify beneficiaries who are receiving
support in the final month of the previous-period program of their
responsibility as subscribers for paying service-use costs if they continue
using the enterprise’s services;
d) Apart from the cases
of assurance of continuity specified in Points a and b of this Clause, support
for the use of universal telecommunications services shall be implemented from
the time the new-period public-utility telecommunications service program takes
effect;
dd) Funding for support
for service use after the end of the previous-period program, in the cases
specified in Points a and b of this Clause, shall be allocated from the remaining
funds of the previous-period program carried forward to the subsequent period
or from the budget of the subsequent-period program, and settled against the
budget of that subsequent-period program.
3. During the
implementation period of the public-utility telecommunications service program,
where at the end of a year the telecommunications enterprise has not yet
received from the local authorities the list of beneficiaries eligible for
support for the use of universal telecommunications services for the following
year, the enterprise shall notify the beneficiaries and shall suspend support
starting from the first month of the following year, except for the case
specified in Clause 4 of this Article.
Based on the guidelines
for implementing the public-utility telecommunications service program
promulgated by the Minister of Science and Technology of Vietnam, the
telecommunications enterprise shall remove beneficiaries from the list of those
supported for the use of universal telecommunications services when the
suspension period has expired without receiving the list of eligible
beneficiaries for the following year. The time of ending the suspension for
removal from the beneficiary list shall follow the guidelines for implementing
the public-utility telecommunications service program.
4. Where related
specialized laws stipulate that the time for announcing or completing the
review of beneficiaries eligible for support for the use of universal
telecommunications services is not in December of each year, the suspension
period shall begin from the month following the month of announcement or
completion of the review in accordance with regulations. The removal of
beneficiaries from the list of those supported for the use of universal
telecommunications services shall be carried out in accordance with the
guidelines for implementing the public-utility telecommunications service
program promulgated by the Minister of Science and Technology of Vietnam.
Article
26. Support for terminal equipment
1. Contents and levels of
expenditures on support for terminal equipment in kind
a) Costs of purchasing
equipment, warranty costs, and accompanying accessories (if any). Where support
for terminal equipment includes user-guidance services, installation, or
configuration, the support shall also cover the costs of providing such
services;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Support provided in
monetary form: The support level is the amount specified under the
public-utility telecommunications service program and is implemented in
accordance with the guidelines for implementing the public-utility
telecommunications service program promulgated by the Minister of Science and
Technology of Vietnam.
Article
27. Other expenditures to ensure public-utility telecommunications activities
1. In addition to
expenditures on support for telecommunications enterprises providing
public-utility telecommunications services, support for the use of public-utility
telecommunications services, and support for terminal equipment, the following
expenditures are also required to ensure the implementation of public-utility
telecommunications activities:
a) Leasing costs for
consultancy services and other expenditures on the management of public-utility
telecommunications activities assigned by the Ministry of Science and
Technology of Vietnam to the Vietnam public-utility telecommunications service
fund for implementation;
b) Costs paid to
telecommunications enterprises assigned to pay support funding for terminal
equipment to eligible beneficiaries as provided in Article 15 of this Decree.
These costs shall apply the same fee rates as those for paying pensions and
social insurance allowances under current regulations. The specific payment
cost for each type of activity, area, and province shall be decided by the
Ministry of Science and Technology of Vietnam. Where no applicable fee rate for
pension or social insurance allowance payment exists, the Minister of Science
and Technology of Vietnam shall promulgate payment cost norms for management
purposes.
c) Costs for entrusted
payment made to intermediary payment organizations to pay support funding for
the use of universal telecommunications services through direct support and to
pay support funds for terminal equipment through direct support. Entrusted
payment costs to intermediary payment organizations shall be carried out in
accordance with the results of bidding for payment service provision.
2. Based on the tasks
under the public-utility telecommunications service program, the implementation
method, relevant policies, regulations, standards, spending norms, and current
regulations on procurement of goods and services, the Vietnam public-utility
telecommunications service fund shall:
a) Organize bidding to
select consultancy contractors, contractors providing intermediary payment
services, and contractors performing other tasks (if any) in accordance with
the law on bidding;
b) For tasks of
expenditures on the management of public-utility telecommunications activities
assigned by the Ministry of Science and Technology of Vietnam and
self-implemented by the Vietnam public-utility telecommunications service fund,
the Fund shall prepare and submit estimates to the Ministry of Science and
Technology of Vietnam for approval, or the Ministry may authorize the Fund to
approve them.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Section
3. PREPARATION OF ESTIMATES, IMPLEMENTATION OF ESTIMATES, AND SETTLEMENT OF
FUNDING FOR PUBLIC-UTILITY TELECOMMUNICATIONS ACTIVITIES
Article
28. Grounds for preparing funding estimates for supporting telecommunications
enterprises providing public-utility telecommunications services
1. The expected volume of
public-utility telecommunications services to be provided through bidding,
order placement, or task assignment to telecommunications enterprises for
implementation in accordance with the public-utility telecommunications service
program, guidelines of the Minister of Science and Technology of Vietnam, and
the program implementation plan for each period.
Where the competent
authority has approved the implementation plan for the public-utility
telecommunications service program, the approved service volume shall apply.
Where the competent
authority has not approved the implementation plan, the service volume shall be
surveyed to prepare the plan, as well as estimates for support for enterprises
providing public-utility telecommunications services.
2. Requirements for
universalization of telecommunications services as provided in Article 5 of
this Decree and other relevant regulations.
3. The level of funding
for support for telecommunications enterprises providing public-utility
telecommunications services shall be based on one of the following information
sources or datasets:
a) Where estimates for
providing universal telecommunications services are prepared, and the competent
state authority has already promulgated cost norms for the provision of
universal telecommunications services under Clause 3, Article 19 of this Decree
for the ongoing public-utility telecommunications service program, the support
level shall be determined based on such cost norms and the costs specified in
Points c and d Clause 1 Article 19 of this Decree.
In this case, based on
surveys of the telecommunications infrastructure volume that needs to be
developed or upgraded by enterprises, the Vietnam public-utility
telecommunications service fund shall determine the service provision estimates
for the entire period, and select the proposal from the telecommunications
enterprise offering the lowest service provision cost. Expected revenue shall
be estimated based on surveyed data and proposals from at least 1
telecommunications enterprise holding a dominant market position. It is
encouraged to collect proposals from more than 1 dominant telecommunications
enterprise. In the case where multiple enterprises provide proposals, the
average expected revenue shall be used for estimate preparation.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
A telecommunications
enterprise’s quotation represents the total funding proposed to be supported by
the State for providing public-utility telecommunications services to complete
the required service volume and meet the requirements for the universalization
of telecommunications services, the provision of mandatory telecommunications
services (if any), and other relevant regulations. The service volume attached
to the quotation shall be as proposed by the enterprise or as requested by the
entity soliciting the quotation.
The quotation must
specify the total amount of each cost under Clause 1, Article 19 of this
Decree, as well as the generated revenue, to determine the funding proposed for
support from the State under each method (bidding, order placement, and task
assignment). The funding estimate proposed for support from the State shall be
calculated according to the formula for calculating expenditures on support for
enterprises prescribed in Clause 2 Article 20, Clause 2 Article 21, and Clause
2 Article 22 of this Decree. Where service provision through bidding or task
assignment has more than 1 quotation, the lowest quotation (i.e., the one
proposing the lowest total amount of State support) shall be used in preparing
the estimate.
c) Results of contractor
selection for the provision of similar services within a maximum of 12 months
before the date the estimate is submitted for approval, which may be adjusted
to account for changes in planned service volume (if any). Similar services
shall be identified based on: service type, service universalization
requirements, and the service provision area.
4. Expenditures required
for ensuring stability and continuity in the support for the provision of
public-utility telecommunications services in accordance with Article 23 of
this Decree.
5. Relevant laws.
Article
29. Grounds for preparing funding estimates for support for use of
public-utility telecommunications services, terminal equipment support, and
implementation of other tasks
1. The expected number of
beneficiaries eligible for support for the use of universal telecommunications
services, the expected volume of mandatory telecommunications services to be
provided, the support level for each type of public-utility telecommunications
service, and the duration of service-use support, including:
a) The expected number of
beneficiaries and the support duration for the use of universal
telecommunications services shall be based on the regulations of the
public-utility telecommunications service program, relevant laws, the program
implementation plan, and expected fluctuations (increase or decrease) in
beneficiaries during the program implementation period, with expectations made
for each year.
b) The expected volume of
mandatory telecommunications services shall be based on the regulations of the
public-utility telecommunications service program, the program implementation
plan, and the implementation status of the program of the immediately preceding
period.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Where the competent
authority has yet to promulgate the support level for a public-utility
telecommunications service under a new-period public-utility telecommunications
service program, the most recently promulgated support level by a competent
state authority shall be applied for estimate preparation.
Where a public-utility
telecommunications service under the new-period public-utility
telecommunications service program is not included in the program of the
immediately preceding period, the average revenue per subscriber using
telecommunications services in the list of public-utility telecommunications
services, reported by telecommunications holding a dominant market position on
the latest annual or quarterly basis, shall be used for estimate preparation.
2. Funding estimates for
support for terminal equipment shall be prepared based on:
a) The public-utility
telecommunications service program for each period, the implementation guidelines,
and the expected number of beneficiaries for each type of terminal equipment,
in accordance with the program and its implementation plan;
b) The support level for
terminal equipment:
Where the support is
provided in monetary form, the support level for each type of terminal
equipment shall follow the regulations of the public-utility telecommunications
service program.
Where support is provided
in kind, the support level shall be based on market surveys of equipment prices
and related support services (if any), using at least 1 quotation. It is
encouraged to obtain more than 1 quotation. Where multiple quotations are
available, the average price shall be used.
Where terminal equipment
support includes installation activities, the Vietnam public-utility
telecommunications service fund shall prepare technical-economic norms and cost
norms (if any) and submit them to the Ministry of Science and Technology of
Vietnam for promulgation as grounds for preparing estimates.
c) The payment cost level
for telecommunications enterprises assigned to pay support funding for terminal
equipment to beneficiaries, in accordance with Point b Clause 1 Article 27 of
this Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Funding estimates for
implementing other tasks
Funding estimates for
other tasks, comprising the expenditures specified in Clause 1 Article 27 of
this Decree, shall be prepared based on:
a) The expected volume of
tasks to be implemented during each period’s public-utility telecommunications
service program.
b) Regulations,
standards, and norms promulgated by competent state authorities, and other
relevant laws.
c) For expenditures
without existing standards, norms, or spending regulations promulgated by
competent state authorities and implemented directly by the Vietnam
public-utility telecommunications service fund (if any), the Fund shall prepare
and submit spending norms to the Ministry of Science and Technology of Vietnam
for review and approval as grounds for preparing estimates.
In the case of
procurement of goods or services, the Vietnam public-utility telecommunications
service fund shall conduct market-price surveys or rely on similar contracts
implemented within a maximum of 12 months prior to the date the estimates are
submitted for approval, and shall anticipate changes in input cost factors to
prepare estimates. For market price surveys, at least 1 quotation is required.
It is encouraged to obtain more than 1 quotation. Where more than 1 quotation
is available, the average shall be used.
Article
30. Requirements, contents, and time limits for preparing funding estimates for
implementing public-utility telecommunications activities
1. The funding estimate
for implementing public-utility telecommunications activities is the estimate
for implementing the public-utility telecommunications service program for the
entire program implementation period, divided by year, and must satisfy the
following requirements:
a) It must comply with
the regulations of the public-utility telecommunications service program, the
implementation guidelines promulgated by the Minister of Science and Technology
of Vietnam, the program implementation plan, and other relevant laws.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) The preparation of
funding estimates for implementing public-utility telecommunications activities
may be carried out concurrently for the contents specified in Clause 2 of this
Article or prepared separately for each activity; however, it must ensure
compliance with the principle that the funding for implementing public-utility
telecommunications activities shall be balanced from the funding sources of the
Vietnam public-utility telecommunications service fund as prescribed in Clause
4 Article 30 of the Law on Telecommunications. This includes funding carried
forward from the public-utility telecommunications service program of the
previous period into the program of the subsequent period, and the expenditure
tasks for ensuring stability and continuity in the support for the provision
and use of public-utility telecommunications services as prescribed in Clause 2
Article 32 of the Law on Telecommunications and Articles 23 and 25 of this
Decree.
d) The funding estimate
for implementing public-utility telecommunications activities shall include
fees, charges, and taxes as prescribed by law (if any).
2. Funding estimates for
implementing public-utility telecommunications activities in each
implementation period of the public-utility telecommunications service program:
a) The revenue estimate
of the Vietnam public-utility telecommunications service fund from
contributions by telecommunications enterprises and other legal financial
sources outside the state budget. In particular, the revenue estimate from
contributions by telecommunications enterprises shall be prepared based on the
expected telecommunications service revenues during the program implementation
period as reported by the telecommunications enterprises, the regulations under
Articles 17 and 18 of this Decree, and the regulations of the public-utility
telecommunications service program.
b) The funding estimate
for support for telecommunications enterprises in providing public-utility
telecommunications services through bidding, order placement, and task
assignment shall be determined based on Article 28 and other relevant
regulations of this Decree, specifically:
The funding estimate for
supporting telecommunications enterprises in providing public-utility
telecommunications services through bidding refers to the funding sources used
to make expenditures on support for enterprises providing universal
telecommunications services during each implementation period of the
public-utility telecommunications service program in accordance with Article 6
of this Decree. It includes expenditures on support for enterprises in
developing, upgrading, and maintaining telecommunications infrastructure under
the program, as well as expenditures ensuring stability and continuity in
supporting the provision of public-utility telecommunications services in
accordance with Clause 1 Article 23 of this Decree. Estimate contents include:
Total costs (depreciation costs of fixed assets of telecommunications
infrastructure developed or upgraded; infrastructure maintenance costs; lease
costs; other costs); expected revenues; support funding for telecommunications
enterprises determined according to the method for calculating enterprise
support expenditure specified in Clause 2 Article 20 of this Decree.
Funding estimate for
supporting enterprises in providing public-utility telecommunications services
through order placement in each implementation period of the public-utility
telecommunications service program in accordance with Article 7 of this Decree.
In case of placing orders to enterprises providing services in accordance with
Point a Clause 2 Article 7 of this Decree, the estimate contents include
specific costs (infrastructure maintenance costs and other costs (if any));
expected revenues; support funding for telecommunications enterprises
determined according to the method for calculating enterprise support
expenditure specified in Point a Clause 2 Article 21 of this Decree. In case
of placing orders to enterprises providing services in accordance with Point b
Clause 2 Article 7 of this Decree, the estimate contents include total costs
(depreciation costs of fixed assets of telecommunications infrastructure,
infrastructure maintenance costs, lease costs, and other costs (if any));
expected revenues; support funding for telecommunications enterprises
determined according to the method for calculating enterprise support
expenditure specified in Point b Clause 2 Article 21 of this Decree.
The funding estimate for
supporting telecommunications enterprises in providing public-utility
telecommunications services through task assignment refers to the funding
sources used to make expenditures on support for enterprises providing
universal telecommunications services during each implementation period of the
public-utility telecommunications service program in accordance with Article 8
of this Decree. It includes expenditures on support for enterprises in
developing, upgrading, and maintaining telecommunications infrastructure under
the program, as well as expenditures ensuring stability and continuity in
supporting the provision of public-utility telecommunications services in
accordance with Clause 3 Article 23 of this Decree. Estimate contents include
total costs (depreciation costs of fixed assets of telecommunications
infrastructure developed or upgraded, telecommunications infrastructure
maintenance costs, lease costs, and other costs (if any), determined
appropriately for each task assignment case for telecommunications development
and maintenance; upgrading and maintenance; or maintenance); expected revenues;
support funding for telecommunications enterprises determined according to the
method for calculating enterprise support expenditure specified in Clause 2
Article 22 of this Decree.
c) The funding estimate
for supporting the use of public-utility telecommunications services for
eligible beneficiaries via telecommunications enterprises through order placement,
task assignment, or direct support to beneficiaries shall be prepared based on
the grounds specified in Clause 1 Article 29 of this Decree, including
expenditures ensuring stability and continuity in the support for the use of
public-utility telecommunications services as prescribed in Clauses 1 and 2
Article 25 of this Decree (if any);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Regarding the provision
of terminal equipment support in kind, implemented through bidding under
Article 14 of this Decree, the funding estimate for terminal equipment support
shall be the funding source for bidding for the procurement of terminal
equipment, as well as accompanying accessories and support services (if any),
in accordance with the law on bidding.
Regarding the provision
of terminal equipment support in cash, implemented through task assignment to
telecommunications enterprises or direct support to beneficiaries under
Articles 15 and 16 of this Decree, the funding estimate shall be the expected
amount required to support eligible beneficiaries according to the level of
support for terminal equipment determined by the competent authority.
dd) The funding estimate
for implementing other tasks necessary to ensure the implementation of
public-utility telecommunications activities shall be prepared based on the expenditures
specified in Clause 1 Article 27 of this Decree, the grounds specified in
Clause 3 Article 29 of this Decree, and other relevant laws. Based on the
regulations of the public-utility telecommunications service program, the
implementation plan, and the volume of tasks to be carried out, the funding
estimate shall be prepared for each expenditure, including: consultancy service
lease, payment costs, entrusted-payment costs, and expenditures on the
management of public-utility telecommunications activities assigned to the
Vietnam public-utility telecommunications service fund. Where goods or services
must be leased or procured to perform these tasks, the funding estimate shall
be the funding source for selecting contractors providing goods or services in
accordance with the law on bidding.
Where the funding
estimate for implementing public-utility telecommunications activities includes
other expenditure tasks such as: consultancy service lease; service costs for
making payments to supported beneficiaries carried out by telecommunications
enterprises assigned tasks; intermediary payment service lease; and other
expenditures on management, the estimate for these tasks shall be prepared
concurrently with the related funding estimate for implementing public-utility
telecommunications activities in accordance with relevant laws and this Decree.
e) Contingency funding:
Arranged in accordance with the regulations of the public-utility
telecommunications service program.
3. The preparation of the
funding estimate for implementing public-utility telecommunications activities
may be combined with the preparation of the implementation plan for each
period’s public-utility telecommunications service program.
4. The allocation of the
funding estimate for implementing public-utility telecommunications activities
by year shall be based on:
a) The funding sources of
the Vietnam public-utility telecommunications service fund;
b) The volume of goods
and services to be implemented during the implementation period of each period’s
public-utility telecommunications service program;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Time limit for
preparing the funding estimate: Within 6 months from the date the Prime
Minister of Vietnam approves the public-utility telecommunications service
program.
6. During the
implementation of the funding estimate, where tasks under the annual implementation
plan for the public-utility telecommunications service program have been
completed and the approved funding estimate has not been fully used, or where
the approved funding estimate is insufficient to carry out the volume of goods
and services planned for the year, the Vietnam public-utility
telecommunications service fund shall request the Ministry of Science and
Technology of Vietnam to consider adjusting the funding estimate for
implementing public-utility telecommunications activities in accordance with
this Decree and the public-utility telecommunications service program.
Article
31. Responsibilities of agencies, organizations, and units for preparing,
approving, and implementing funding estimates for public-utility
telecommunications activities
1. Based on Articles 28,
29, and 30 of this Decree, the public-utility telecommunications service
program, and the implementation guidelines promulgated by the Minister of
Science and Technology of Vietnam, the Vietnam public-utility
telecommunications service fund shall prepare the funding estimate for
implementing the public-utility telecommunications service program and submit
it to the Ministry of Science and Technology of Vietnam.
2. Central and local
state agencies, telecommunications enterprises, and relevant units and
organizations shall cooperate with the Vietnam public-utility
telecommunications service fund in preparing the funding estimate for
public-utility telecommunications activities in accordance with this Decree.
3. The Minister of
Science and Technology of Vietnam shall:
a) Promulgate templates
to be used in preparing and approving the funding estimate for public-utility
telecommunications activities in accordance with each period’s public-utility
telecommunications service program, including: survey content and quotations
from enterprises serving the preparation of the funding estimate;
b) Approve the funding
estimate for public-utility telecommunications activities; consider adjusting the
estimate when there are fluctuations that affect the implementation of the
estimate.
4. Based on the
implementation plan for the public-utility telecommunications service program
and the approved funding estimate for public-utility telecommunications activities,
the Vietnam public-utility telecommunications service fund shall cooperate with
relevant agencies, units, and organizations in implementing the estimate in
accordance with the regulations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
32. Advance payment, acceptance, and settlement of funding for implementing
public-utility telecommunications activities
1. Based on the decision
approving the funding estimate for public-utility telecommunications activities
promulgated by the Ministry of Science and Technology of Vietnam under Point b
Clause 3 Article 31 of this Decree, the Vietnam public-utility
telecommunications service fund shall implement support for public-utility
telecommunications activities in accordance with this Decree and relevant laws.
2. Contracts for
providing public-utility telecommunications services, supporting the use of
public-utility telecommunications services, supporting terminal equipment, and
contracts for other tasks related to managing the public-utility telecommunications
service program:
a) Contracts for
providing universal telecommunications services through bidding or task
assignment shall be concluded for the duration specified under Point a Clause 1
and Point a Clause 3 Article 23 of this Decree, and are not limited by the
duration of the ongoing public-utility telecommunications service program.
b) Contracts for
supporting the use of public-utility telecommunications services between the
Vietnam public-utility telecommunications service fund and telecommunications
enterprises shall be prepared for the entire duration of the public-utility
telecommunications service program and supplemented annually by contract
appendices based on the annually approved order placement decisions under this
Decree;
c) Contracts for
supporting terminal equipment and other contracts implementing public-utility
telecommunications activities shall be concluded for the duration specified in
the approved plan and relevant regulations.
3. Advance payment of
funding for contract implementation under public-utility telecommunications
activities:
a) For support for
telecommunications enterprises providing telecommunications services through
bidding or task assignment: Enterprises may receive a one-time advance during
the period before service provision (if any); the advance amount is 20% of the
contract price or contract value. Once the enterprise has begun providing
telecommunications services, the annual advances shall follow Point b of this
Clause after settlement and recovery of previously advanced amounts in
accordance with this Clause.
b) For ordering the
provision of universal telecommunications services in areas where services
already exist: Advance payments shall be made twice per year. The first advance
shall equal 30% of the annual order placement contract value, made no later
than 15 working days from the date the contract or contract appendix is signed.
The second advance shall be 30% of the remaining annual order placement
contract value, made six months after the first advance (after settlement and
recovery of the first advance).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) For other contracts:
First advance shall be made within 15 working days from the date of contract
signing. Subsequent advances shall be made within 15 working days after
acceptance of results and determination of the value of completed work. The
number of subsequent advances shall comply with the contract’s regulations on
acceptance cycles. Each subsequent advance must take into account any remaining
unused advance from the previous payment (after deducting the value of
goods/services already settled).
4. Acceptance of the
implementation results of public-utility telecommunications activities:
a) Reporting and
acceptance of the implementation results of contracts for the provision of
public-utility telecommunications services:
Telecommunications
enterprises shall submit reports on the implementation results of the first
6-month period of the year before July 31 annually; and reports on the implementation
results of the last 6-month period and the whole year before January 31 of the
following year. Within 30 working days from the date of receipt of a complete
report dossier from the enterprise in accordance with regulations, the Vietnam
public-utility telecommunications service fund shall conduct acceptance of
results, determine the value of contract implementation for the provision of
services, and settle payment of funds to the enterprise in accordance with
Articles 20, 21, and 22 of this Decree. For the first acceptance and payment
for each contract, the completion time shall not exceed 45 working days.
Acceptance grounds: The
contract between the Vietnam public-utility telecommunications service fund and
the telecommunications enterprises; the report on contract implementation
results; and relevant documents.
b) Reporting and
acceptance of implementation results of contracts for supporting the use of
public-utility telecommunications services:
Telecommunications
enterprises implementing contracts for supporting the use of public-utility
telecommunications services must report the contract implementation results in
accordance with the regulations on reporting dossiers and templates promulgated
by the Minister of Science and Technology of Vietnam. Reporting timeline: Each
year, enterprises shall prepare two reports on contract implementation: a
report on the contract implementation for the first 6-month period, submitted
before July 31; a report on contract implementation for the last 6-month period,
submitted before January 31 of the following year.
The Vietnam
public-utility telecommunications service fund shall conduct acceptance,
determine the value of contract implementation for service-use support, and
settle payment to the enterprise within 30 working days. For the first
acceptance and payment of each contract, the completion time shall not exceed
45 working days.
Acceptance grounds: The
contract between the Vietnam public-utility telecommunications service fund and
the telecommunications enterprises; the report on contract implementation
results; and relevant documents.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Where terminal equipment
support is provided in cash through task assignment to telecommunications
enterprises, the grounds for acceptance include: the contract on terminal
equipment support between the Vietnam public-utility telecommunications service
fund and the telecommunications enterprise; the report on contract
implementation results, accompanied by the list of beneficiaries who have
received the support funds.
Where terminal equipment
support is provided in kind, the grounds for acceptance include: the contract
for performance of tasks of terminal equipment support; the report contract implementation
results, accompanied by the list of terminal equipment handed over to
beneficiaries, and the handover records for terminal equipment bearing the
signatures of the delivering party, the recipient, and the representative of
the commune-level People’s Committee where the beneficiary resides.
Where terminal equipment
support is provided directly in cash to beneficiaries, the Vietnam
public-utility telecommunications service fund shall prepare a list of
beneficiaries who have received the transferred funds in accordance with this
Decree and the guidelines for implementing the public-utility
telecommunications service program of the Minister of Science and Technology of
Vietnam, to serve as grounds for settlement.
5. Payment of funds for
the implementation of public-utility telecommunications activities:
a) Grounds for payment:
In cases of support for enterprises providing public-utility telecommunications
services, the payment ground is the dossier specified in Clause 5 of Article
20, Clause 5 of Article 21, and Clause 5 of Article 22 of this Decree,
corresponding to each method of implementation.
In cases of support for
the use of public-utility telecommunications services for eligible
beneficiaries, the payment ground is the dossier specified in Clause 5 of
Article 24 of this Decree.
In cases of implementing
other public-utility telecommunications activities, the grounds for payment
include: The enterprise’s written request for payment of funds; the goods/service
provision contract in accordance with regulations; the report on contract
implementation results; the record of acceptance of completed product/service
volumes; the statement determining the value of completed work volumes in
accordance with regulations; sales invoices/service provision invoices in
accordance with law.
b) Pending approval of
final settlement by the Ministry of Science and Technology of Vietnam,
enterprises shall be paid 95% of the value of the accepted work volume. The
remaining amount shall be paid after the Ministry of Science and Technology of
Vietnam has approved the final settlement.
6. Contract finalization:
After the Ministry of Science and Technology of Vietnam has approved the final
settlement, the Vietnam public-utility telecommunications service fund and the
enterprises shall finalize the contract and pay the remaining funds. The
completion time for contract finalization and payment of the remaining funds to
the enterprise is 7 working days from the date of receipt of the Ministry of
Science and Technology of Vietnam’s final settlement approval.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The Vietnam
public-utility telecommunications service fund shall organize accounting work
and prepare annual financial statements in accordance with the law. The
deadline for the Fund to submit its final settlement report to the Ministry of
Science and Technology of Vietnam is no later than March 31 of the following
year.
2. In cases of support
for the use of public-utility telecommunications services or support for
terminal equipment provided directly to eligible beneficiaries and implemented
directly by the Vietnam public-utility telecommunications service fund, the
grounds for final settlement shall be the list of supported beneficiaries and
the Fund’s payment documents for such beneficiaries.
3. The Ministry of
Science and Technology of Vietnam shall review and notify the annual final
settlement of funds for implementing the public-utility telecommunications
service program. The timeline for reviewing and notifying the final settlement
of public-utility telecommunications activities shall follow the regulations
applicable to the final settlement of state budget expenditures.
4. The audit of financial
statements relating to public-utility telecommunications activities shall be
conducted in accordance with the law.
5. The Vietnam
public-utility telecommunications service fund shall publicly disclose
financial information regarding public-utility telecommunications activities in
accordance with the regulations on state budget disclosure.
6. The Minister of
Science and Technology of Vietnam shall promulgate the templates for
final-settlement reports and the list of accompanying documents, and shall
issue notices on the review and approval of the final settlement of
public-utility telecommunications activities, in alignment with each period’s
public-utility telecommunications service program.
Chapter
IV
IMPLEMENTATION
AND IMPLEMENTATION PROVISIONS
Article
34. Implementation
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Organize the
implementation of this Decree; address matters arising within its jurisdiction
during the implementation of the Decree;
b) Carry out elaboration
tasks and promulgate templates used in the management of public-utility
telecommunications activities and the financial management of support for
public-utility telecommunications activities as assigned under this Decree;
c) Organize the
preparation of reports on the status of public-utility telecommunications
activities and the implementation of the financial mechanism for supporting
public-utility telecommunications activities at the request of competent
authorities and relevant laws;
d) Promulgate plans and
organize the inspection and supervision of public-utility telecommunications
activities; carry out the financial management of public-utility
telecommunications activities in accordance with its assigned functions and
tasks and relevant laws.
2. Ministries,
ministerial agencies, and other relevant state management authorities shall
cooperate with the Ministry of Science and Technology of Vietnam in
implementing this Decree in accordance with their assigned functions and tasks;
in which, the Ministry of Home Affairs of Vietnam, the Ministry of Agriculture
and Environment of Vietnam, the Ministry of Education and Training of Vietnam,
the Ministry of Health of Vietnam, and the Ministry of Ethnic and Religious
Affairs of Vietnam shall perform the following specific tasks:
a) Cooperate with the
Ministry of Science and Technology of Vietnam in developing the public-utility
telecommunications service program, and propose specific categories of
beneficiaries eligible for support for the use of public-utility
telecommunications services and terminal equipment within their respective
sectors of management;
b) Cooperate in providing
the Ministry of Science and Technology of Vietnam with relevant data or guiding
local authorities to provide data related to public-utility telecommunications
activities within their respective sectors of management in accordance with
relevant laws.
3. People’s Committee of
provinces shall:
a) Cooperate with the
Ministry of Science and Technology of Vietnam in developing the public-utility
telecommunications service program and organize the implementation of the
program in their respective areas according to assigned tasks;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Organize the
management of beneficiaries eligible for support for the use of universal
telecommunications services and terminal equipment in their areas in accordance
with relevant laws and this Decree;
d) Organize the
preparation and provision of lists of beneficiaries eligible for support for
terminal equipment; lists of beneficiaries eligible for support for the use of
universal telecommunications services annually, including lists of increases,
decreases, and other changes related to beneficiaries in accordance with this
Decree and the guidelines for implementing the public-utility
telecommunications service program promulgated by the Minister of Science and
Technology of Vietnam;
dd) Inspect and supervise
the implementation of public-utility telecommunications activities and
compliance with this Decree and relevant legal laws within their areas.
4. Telecommunications
enterprises shall:
a) Implement
public-utility telecommunications activities in accordance with this Decree and
relevant laws;
b) Make financial contributions
to the Vietnam public-utility telecommunications service fund in accordance
with regulations;
c) Fully, promptly, and
accurately report information and data on the implementation of public-utility
telecommunications activities, and assume responsibility for the accuracy of
reported data;
d) Enterprises supported
to provide universal telecommunications services shall share telecommunications
infrastructure and provide terrestrial mobile telecommunications roaming for
other mobile telecommunications enterprises in accordance with the law.
5. Beneficiaries eligible
for support for the use of public-utility telecommunications services shall:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Use public-utility
telecommunications services in accordance with telecommunications laws;
c) In cases where the
beneficiary receives funding support from state authorities for the use of
public-utility telecommunications services or terminal equipment, the
beneficiary shall be responsible for using the funds for the proper purpose.
Article
35. Entry into force
1. This Decree comes into
force as of January 1, 2026.
2. The procedures, processes,
and responsibilities regarding the registration, verification, and acceptance
related to the management of beneficiaries supported in using public-utility
telecommunications services under the public-utility telecommunications service
program until 2025 shall continue to be implemented in accordance with the
Prime Minister of Vietnam’s decision approving the program and the program
implementation guidelines until the program concludes.
The registration,
verification, and acceptance related to the management of beneficiaries
supported in using public-utility telecommunications services under subsequent
public-utility telecommunications service programs shall be carried out in
accordance with this Decree.
Article
36. Implementation responsibilities
Ministers, Directors of
ministerial agencies, Directors of governmental agencies, Presidents of
People’s Committees of provinces, and relevant organizations and individuals
shall implement this Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Chi Dung