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THE
GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2001/TT-TCBD
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Hanoi,
March 26, 2001
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CIRCULAR
AMENDING AND SUPPLEMENTING
A NUMBER OF POINTS IN CIRCULAR No. 04/1998/TT-TCBD OF SEPTEMBER 29, 1998 OF THE
GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS GUIDING THE IMPLEMENTATION OF
THE GOVERNMENT’S DECREE No. 109/1997/ND-CP ON TELECOMMUNICATIONS NETWORKS AND
SERVICES
On the basis of reviewing the implementation of
Circular No. 04/1998/TT-TCBD of September 29, 1998 of the General Department of
Post and Telecommunications, in order to create favorable conditions for the
establishment, management and exploitation of telecommunications networks as
well as the provision and use of telecommunications services, the General
Department of Post and Telecommunications amends and supplements a number of
points of Circular No. 04/1998/TT-TCBD as follows:
1. Point 1.2.10 is amended as follows:
"Special-use telecommunications
network" (hereafter called private-use telecommunications network) is
network established by its owner in order to provide internal communications
among networks members, including two or more telecommunications equipment
installed at different locations and connected with one another by transmission
lines hired or built by the network owners, of which at least two
telecommunications equipment and one transmission line must be located on the
Vietnamese territory.
The above-mentioned locations shall be construed
as locations with definite addresses and range where members of the private-use
telecommunications networks have the full power to use according to the
provisions of law.
Special private-use telecommunications networks
are those with their members being Vietnamese agencies and organizations or
foreign agencies and organizations lawfully operating in Vietnam, which share
the operation features or working purposes, and are bound together by their
operation charters or legal documents stipulating the common organizational
structures or forms of cooperation and joint operation.
Depending on the transmission mode used for
their establishment, the private-use telecommunications networks are classified
into wireless private-use networks, wire private-use networks and
wire-cum-wireless private-use networks.
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2. Point 1.2.15 is as follows:
"End-terminal equipment" is equipment
used to start, transmit or terminate the transmission of information in forms
of signs, signals, data, scripts, sounds, images through telecommunications
networks without changing the forms or contents of the information.
3. Point 1.2.16 is amended as follows:
"Subscribed end-terminal equipment" is
end-terminal equipment installed at or registered according to the users
address, including:
- Subscribed single-line terminal equipment (for
example: fixed telephones, mobile phones, fax machines, telex machines, pagers
and modems);
- Subscribed multi-line terminal equipment (for
example: private automatic branch exchange - PABX, equipment with call connecting
function);
- Other subscribed end-terminal equipment as
prescribed by the General Department of Post and Telecommunications.
4. To supplement Point 1.2.22 as follows:
"Intranet" is a subscribed
end-terminal equipment network established and used by an organization or
individual:
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- In order to ensure internal communication for
such organization or individual.
5. To add the following paragraph to the
beginning of Point 2.2.10:
Having the responsibility to regularly or
irregularly report on telecommunications networks and services at the request
of the General Department of Post and Telecommunications
6. Point 2.8.4 is supplemented as follows:
To pay charges for use of telecommunications
services as prescribed.
7. To add the following paragraph to the end
of Point 3.2:
Enterprises, which provide base
telecommunications services of Category 1, shall have to:
- Decide to open and close international
communication channels to countries which Vietnam has established
telecommunications relations in service of their business operation;
- Decide to open and close domestic
communication channels in service of their business operation;
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8. Point 3.5 is amended as follows:
The private-use telecommunications networks may
be connected to public telecommunications networks at switchboards of
service-providing enterprises by trunk lines which the owners of such
private-use networks:
- Hire from service-providing enterprises; or
- Establish by themselves (if so permitted by
the General Department of Post and Telecommunications).
9. Point 3.7 is amended as follows:
Subscribed end-terminal equipment on the list of
those subject to standard compatibility certification, if being used on
telecommunications networks, shall have to comply with the provisions of
Circular No. 01/1998/TT-TCBD of May 15, 1998 and other relevant regulations of
the General Department of Post and Telecommunications on the management of
quality of postal and telecommunications supplies, equipment, networks and
services.
10. Point 3.8 is amended as follows:
Apart from the provision at the above-mentioned
Point 3.7, subscribed end-terminal equipment and intranets with radio wave
radiation, if being used on telecommunication networks, shall have to comply
with the provisions of Circular No. 05/1999/TT-TCBD of October 6, 1999 of the
General Department of Post and Telecommunications and other relevant
regulations of the General Department of Post and Telecommunications on the
management and granting of permits for use of radio frequencies and radio
transmitters.
11. Point 3.10 is amended as follows:
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12. Point 3.17 shall be amended as follows:
Enterprises which provide telecommunications
services may allow the owners of private-use telecommunications networks or
intranets to use or re-hire numbers or number bands within the number region of
the public telecommunications networks they have been allocated. The use or
sub-lease of numbers or number bands must comply with the national numbering
plan and regulations on the management of number storage of the General
Department of Post and Telecommunications.
13. Point 4.4.3 is amended as follows:
Tourist accommodation establishments shall be
entitled to collect telecommunications service surcharges according to
regulations of the Government and the General Department of Tourism. These
establishments shall have to announce and post up the surcharge rates to be
applied in their establishments for the users to know.
14. To add the following paragraph to the end
of Point 4.4.5:
Regarding the monthly payment of charges
according to contracts, if there is no other agreement between
service-providing enterprises and service-users, the time limit for charge
payment shall be 15 days as from the date the users receive the first charge
payment bill or notice.
15. Point 4.5.1 is amended as follows:
Enterprises providing telecommunications
services may suspend the provision of part of the services if past the charge
payment time limit prescribed at Point 4.4.5, the service- users still fail to
fully pay the charge amounts inscribed in the charge payment bill or notice.
Enterprises providing telecommunications
services may suspend the provision of the entire services if, 15 days after the
expiry of the charge payment time limits prescribed at Point 4.4.5, the users
fail to fully pay the charge amounts inscribed in the charge payment bill or
notice.
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16. To add the following paragraph to the end
of Point 5.5.5:
Permits shall be extended for only once and the
extension duration shall not exceed one year.
17. To add the following paragraph to the end
of Point 5.9.5:
Permits shall be extended for only once and the
extension duration shall not exceed one year.
18. Point 5.13.1 is amended as follows:
Vietnamese agencies, organizations and
enterprises as well as foreign agencies and organizations lawfully operating on
the Vietnamese territory, if wishing to establish wireless private-use
networks, wire-cum-wireless private-use networks, wire private-use networks
with self-built transmission lines or specialized private-use networks, shall
have to apply for permits for the establishment of private-use networks.
19. To add the following paragraph to the end
of Point 5.14.5:
The extension duration or the total duration of
extension times shall not exceed one year.
20. To add the following paragraph to the end
of Point 5.19.3:
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Dossiers of application for extension shall
include the application for extension, clearly stating the reasons therefor and
a copy of the testing permit currently in force.
The licensing agencies shall expertise and
consider the extension within 15 days after the date of receiving valid
dossiers.
In case of refusal, the licensing agencies shall
reply in writing, clearly stating the reasons therefor to the applying units
within 15 days as from the date of receiving valid dossiers.
The extension duration or the total duration of
extension times shall not exceed one year.
21. The provisions at Points 5.12.7, 5.14.7
and 5.19.6 on the address of the Region 3 Post and Telecommunications
Department are amended as follows:
Region 3 Post and Telecommunications Department,
No. 42 Tran Quoc Toan, Da Nang city.
This Circular takes effect 15 days after its
signing.
In the course of implementation, if any troubles
arise, they must be reported promptly to the General Department of Post and
Telecommunications for consideration, amendment and supplementation.
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THE GENERAL DEPARTMENT OF POST
AND TELECOMMUNICATIONS
Mai Liem Truc