|
THE
MINISTER OF INFORMATION AND COMMUNICATIONS
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No.
11/2010/TT-BTTTT
|
Hanoi,
May 14, 2010
|
CIRCULAR
PROVIDING FOR SALES PROMOTION FOR MOBILE PHONE SERVICES
THE MINISTER OF INFORMATION AND COMMUNICATIONS
Pursuant to the June 14, 2005
Commercial Law;
Pursuant to the November 23. 2009 Telecommunications Law;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 200S,
defining the functions, tasks, powers and organizational structure of the
Ministry of Information and Communications;
Pursuant to the Government's Decree No. 37/ 2006/ND-CP of April 4, 2006,
detailing the Commercial Law regarding trade promotion activities (below
referred to as Decree No. 37/ 2006/ND-CP);
Pursuant to the Prime Minister's Decision No. 39/2007/QD-TTg of March 21, 2007,
on management of post and telecommunications charges;
At the proposal of the director of the Telecommunications Department,
STIPULATES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 2.
Subjects of application
1. Telecommunications
enterprises licensed to set up networks and provide mobile phone services
(below referred to as mobile phone enterprises).
2. Traders dealing in goods
exclusively used for mobile phone services on the basis of contracts signed
with mobile phone enterprises.
Article 3.
Mobile phone services and units of mobile phone services
1. Mobile phone services which
are allowed for lawful provision and sales promotion include."
a/ Postpaid nationwide land
mobile phone service;
b/ Prepaid nationwide land
mobile phone service:
c/ Postpaid local land mobile
phone service;
d/ Prepaid local land mobile
phone service:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Units of mobile phone
services include:
a/ Activation, which means a
subscriber's right to connect to a mobile phone network upon concluding a
contract with a mobile phone enterprise. The unit of calculation is time of activation:
b/ Daily subscription, which
means a subscriber's right to connect to a mobile phone network for a day. The
unit of calculation is day;
c/ Monthly subscription, which
means a subscribers right to connect to a mobile phone network for a month. The
unit of calculation is month;
d/ Communication duration, which
means the period during which a subscriber sends and receives information
(voice, data and image) using mobile phone services. The unit of calculation is
minute or second;
e/ Information volume, which
means the number of byte of information (data or image) sent or received via
mobile phone networks using mobile phone services. The unit of calculation is
byte;
f/ Information pack, which means
the number of transactions carried out by a subscriber via mobile phone
networks using mobile phone services, including:
- The number of calls (voice
calls). The unit of calculation is call;
- The number of short messages
(SMS and MMS). The unit of calculation is short message:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g/ Other mobile phone service
units prescribed by the Ministry of Information and Communications.
3. Mobile phone service charges
are VAT-exclusive prices calculated in Vietnam dong and actually collected upon
provision of a unit of mobile phone service which are registered and notified
to the Ministry of Information and Communications and announced to customers by
mobile phone enterprises right before sales promotion. Mobile phone service
charges include:
a/Activation fee (VND/time of
activation);
b/ Daily subscription charge
(VND/day);
c/ Monthly subscription charge
(VND/ month);
d/ Communication charge
(VND/minute/ second). VND/byte. VND/call. VND/short message or YND/file).
Article 4.
Goods exclusively used for mobile phone services and units of goods exclusively
used for mobile phone services
1. Goods exclusively used for
mobile phone services which are permitted for lawful trading and sales
promotion include:
a/ Subscriber identification
module (SIM) used for prepaid nationwide mobile phone services, which is a card
containing a mobile phone subscription number. The unit of calculation is SIM
card.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ SIM used for prepaid local
mobile phone services, which is a card containing a mobile phone subscription
number. The unit of calculation is SIM card.
d/ SIM used for postpaid local
mobile phone services, which is a card containing a mobile phone subscription
number. The unit of calculation is SIM card.
e/ Paper recharge cards,
electronic recharge cards and other recharge cards used for nationwide mobile
phone services. The unit of calculation is card.
f/ Paper recharge cards,
electronic recharge cards and other recharge cards used for local mobile phone
services. The unit of calculation is card.
g/ Cell phones with a mobile
phone subscription number. The unit of calculation is cell phone.
h/ Other goods exclusively used
for mobile phone services prescribed by the Ministry of Information and
Communications.
2. The prices of goods
exclusively used for mobile phone services are VAT-exclusive prices calculated
in Vietnam dong (VND) and actually collected upon the sale of a unit of goods
which are posted and announced to customers by enterprises right before sales
promotion
Article 5.
Principles of sales promotion in the mobile phone service sector
In addition to the provisions in
Article 4 of Decree No. 37/2006/ND-CP. sales promotion in the mobile phone
service sector must be conducted on the following principles:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Only mobile phone enterprises
are allowed to supply, and conduct sales promotion for. goods exclusively used
for mobile phone services. Sales promotion for blank SIM cards containing no
mobile phone subscription number, cell phones without SIM and data cards without
SIM shall be conducted in the same way as for other goods in accordance with
the Commercial Law and Decree No. 37/2006/ND-CP.
3. Mobile phone enterprises may
conduct sales promotion for mobile phone services and goods exclusively used
for mobile phone services by themselves or outsource this business to traders
providing sales promotion services. In case of outsourcing, mobile phone
enterprises shall ensure that sales promotion be conducted in strict accordance
with sales promotion programs already notified or registered with state
management agencies in charge of sales promotion.
4. Mobile phone enterprises may
conduct sales promotion only for mobile phone services specified in Clause 1.
Article 3 and goods exclusively used for mobile phone services specified in
Clause 1. Article 4 of this Circular, provided that they are permitted to
provide mobile phone services and trade in goods exclusively used for mobile
phone services according to their telecommunications licenses granted by the
Ministry of Information and Communications.
5. Agents of mobile phone
enterprises and other traders of goods exclusively used for mobile phone
services shall:
a/ Enter into contracts with
mobile phone enterprises;
b/ Refrain from organizing sales
promotion for goods exclusively used for mobile phone services but comply with
sales promotion programs conducted by mobile phone enterprises.
6. They are prohibited from
conducting sales promotion for unfair competition in the telecommunications
market or dumping mobile phone services and goods exclusively used for mobile
phone services.
7. Mobile phone enterprises
shall ensure the quality of promoted mobile phone services and goods
exclusively used for mobile phone services according to regulations on
management of standards and technical regulations applicable to. and the
quality of. goods and services in the telecommunications sector.
8. It is prohibited to discount
mobile phone services and goods exclusively used for mobile phone services of
which specific charge rates or sale prices are set by the State. It is also
prohibited to discount mobile phone services and goods exclusively used for
mobile phone services for which price brackets or minimum prices are set by the
State below the minimum prices.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10. The total value of mobile
phone services and goods exclusively used for mobile phone services used in a
sales promotion program must not exceed 50% of the total value of promoted
mobile phone services and goods exclusively used for mobile phone services,
except sales promotion in the form specified in Article 7 of Decree No.
37/2006/ND-CP.
Chapter II
FORMS OF SALES PROMOTION
Article 6.
Giving sample goods or providing sample services to customers for trial use
free of charge
The form of giving sample goods
or providing sample services to customers for trial use free of charge
specified in Article 7 of Decree No. 37/ 2006/ND-CP is carried out as follows:
1. It is prohibited to present
SIM cards containing mobile phone subscription numbers or cell phones with
mobile phone subscription numbers to customers who do not make registration for
trial use of mobile phone services provided by enterprises.
2. Sample mobile phone services
may be provided to customers for trial use free of charge if the following
conditions are fully met:
a/ Sample mobile phone services
are services in a test period under service testing licenses granted by the
Ministry of Information and Communications or services which have been newly
marketed for no more than 12 months:
b/ Customers voluntarily
register for trial use of services:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ After the period of trial
use. mobile phone enterprises shall withdraw mobile phone subscription numbers
already issued to customers for trial use.
Article 7.
Presenting goods as gifts or providing services free-of-charge to customers not
accompanied by goods sale or purchase or service provision
The form of presenting goods as
gifts or providing services free-of-charge to customers not accompanied by
goods sale and purchase or service provision specified in Article 8 of Decree
No. 37/2006/ND-CP applies in cases in which goods presented as gifts or
services provided free-of-charge are not goods exclusively used for mobile
phone services or mobile phone services
Articles 8.
Selling goods or providing services at sale prices or service charge rates
lower than previous ones
1. The form of selling goods or
providing services at sale prices or service charge rates lower than previous
ones (below referred to as discount) specified in Article 9 of Decree No.
37/2006/ND-CP means the sale of goods exclusively used for mobile phone
services at prices lower than the sale prices applied before sales promotion
programs or the provision of mobile phone services at charge rates below the
rates announced by enterprises while no sales promotion program is conducted.
2. Discount of goods exclusively
used for mobile phone services will be carried out in the following forms:
a/ Discounting SIM cards
containing mobile phone subscription numbers;
b/ Discounting cell phones with
mobile phone subscription numbers:
c/ Discounting recharge cards:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e/ Other forms prescribed by the
Ministry of Information and Communications.
3. The maximum discount rate for
SIM cards containing mobile phone subscription numbers, cell phones with mobile
phone subscription numbers and recharge cards must not exceed 50% of the sale
prices applied before sales promotion. (Example: the price of an SIM card
containing a mobile phone subscription number before sales promotion is VND
50.000. during sales promotion, the maximum discount level will be VND
25.000/SIM card). The maximum value of the recharge card to be presented free
upon sale of a recharge card must not exceed 100% of the par value of the sold
card. (Example: the sale price of a VND 100.000-rechargc card before sales
promotion is VND 100.000, during sales promotion, if a customer buys a VND
100.000 recharge card at the price of VND 100.000/card. the mobile phone
enterprise may present him/her a recharge card valued at VND 100.000 .at most).
4. Mobile phone enterprises may
conduct sales promotion in the above forms for one or several units of goods
exclusively used for mobile phone services specified in Clause 1, Article 4 of
this Circular but shall ensure that the actual sale prices of SIM cards
containing mobile phone subscription numbers, cell phones with mobile phone
subscription numbers and recharge cards upon sales promotion of different forms
must not exceed 50% of the sale prices applied before sales promotion. (Example
1: the sale price of a VND l(X).0(X)-recharge card before sales promotion is
VND 100.000/card, if the enterprise discounts VND 50.000 for each card and.
concurrently, present a VND 50.000-recharge card to customers, it will be
considered having violated the above-stated principle as in this case,
customers have to pay only VND 50.000 for recharge cards of VND 150.000.
therefore, the sale price of a recharge card has been discounted by more than
50% of the sale price before sales promotion. Example 2: the sale price of a
VND 100.000-recharge card before sales promotion is VND 100.000/card. if the
enterprise discounts VND 25.000 for each card and. concurrently, present a VND
50.000-recharge card to customers, it will be considered not having violated
the above-stated principle as in this case, customers have actually paid VND
75.000 for recharge cards of VND 150.000. therefore, the sale price of a
recharge card has been discounted by less than 50% of the sale price before
sales promotion).
5. Discount of charge rates for
mobile phone services will be carried out in the following forms:
a/ Discounting activation fee.
daily subscription charge, monthly subscription charge and communication
charges:
b/ Increasing communication
duration, information volume and information pack for subscribers who have used
services;
c/ Other forms prescribed by the
Ministry of Information and Communications.
6. The maximum discount rate for
activation fee. daily subscription charge, monthly subscription charge and
communication charges must not exceed 50% of the charge rates applied before
sales promotion. (Example: the communication charge rate before sales promotion
is VND 1.000/ininute. during sales promotion, the maximum discount level will
be VND 500/ minute). The maximum increase of communication duration,
information volume and information pack of which charge rates are kept
unchanged must not exceed 100% of those applied before sales promotion. (For
example, the charge rate for each sent message before sales promotion is VND
300. during sales promotion, if a subscriber has sent a short message charged
at VND 300, he/she may send another free-of-charge).
7. Mobile phone enterprises may
conduct sales promotion in the above form for one or several service units
specified in Clause 2. Article 3 of this Circular but must ensure that the
actual charge rates (for activation, daily subscription, monthly subscription
and communication) during sales promotion for several service units must not
exceed 50% of the charge rates applied before sales promotion. (Example 1: the
charge rate for a sent short message before sales promotion is VND 300, if the
enterprise discounts the charge rate to VND 150/shoii message and present a
free-of-charge short message for each short message sent by subscribers, it
will be considered having violated the above principle as in this case, a
subscriber who sent 2 short messages has to pay only VND 150 or the charge rate
actually applied upon sales promotion for both communication charge and
information pack is VND 75/short message, therefore, it has been discounted by
more than 50% of the charge rate applied before sales promotion. Example 2: the
charge rate for a sent short message before sales promotion is VND 300. if the
enterprise discounts the charge rate to VND I(X)/ short message and present a
free-of-charge short message for every 4 short messages sent by subcribers. it
will be considered not having violated the above principle as in this case, a
subscriber w ho sent 5 short messages has to pay VND 800 or the charge rate
actually applied during sales promotion for both communication charge and
information pack is VND 160/short message, therefore, it has been discounted by
less than 50%' of the charge rate applied before sales promotion.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
9. During sales promotion, the
discounted charge rates of mobile phone services provided by mobile phone
enterprises holding dominant market shares must not be lower than their cost
prices registered with the Ministry of Information and Communications.
Article 9.
Selling goods or providing services together with goods purchase or service use
coupons
The application of the form of
sales promotion through selling goods or providing services together with goods
purchase or service use coupons specified in Article 10 of Decree No.
37/2006/ND-CP in the mobile phone service sector must comply with the following
principles:
1. When a customer buys an SIM
card containing a mobile phone subscriplion number or a cell phone with a
mobile phone subscription number for activation, enterprises may present the
customer a coupon for use of mobile phone services provided by enterprises
themselves or a goods purchase or service use coupon issued by other traders.
This form of sales promotion does not apply to goods exclusively used for
mobile phone services (it is not allowed to issue coupons for the purchase of
SIM cards containing mobile phone subscription numbers, cell phones with mobile
phone subscription numbers or recharge cards).
2. Coupons for use of mobile
phone services will be used for the purchase of communication duration,
information volume or information pack. These coupons will be issued by mobile
phone enterprises and become valid only after customers activate their
subscription and use services with a communication duration, information volume
and information pack of at least equal to those stated in the coupons. (For
example: the communication duration offered on a service use coupon given to
customers is 100 minutes; the charge rate applied before sales promotion is VND
1.000/minute. In order to comply with the above principle, subscribers should
be allowed to make calls of a total duration of at least 100 minutes at the
charge rate of VND 1.000/minute before they are entitled to 100 minutes of
charge-fee call offered on the service use coupon). Coupons for use of mobile
phone services must have all details prescribed in Article 97 of the Commercial
Law.
3. Sales promotion conducted in
the form of giving coupons for use of mobile phone services must comply with
Point b. Clause 5. Clauses 6. 7. 8 and 9. Article 8 of this Circular.
Article 10.
Frequent customers
Frequent customers defined in
Article 13 of Decree No. 37/2006/ND-CP include:
1. Prepaid mobile phone
subscribers that have used mobile phone services provided by an enterprise for
at least 12 consecutive months with a total charge amount of at least VND
1.000.000:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 11.
Other forms of sales promotion
In addition to the forms of
sales promotion specified in Articles 6 thru 10 of this Circular, other forms
of sales promotion comply with the Commercial Law and Decree No. 37/2006/ND-CP.
Chapter
III
REPORTING EXAMINATION.
INSPECTION. AND HANDLING OF VIOLATIONS
Article 12.
Notification and registration of sales promotion
1. Mobile phone enterprises
shall comply with contents on notification and registration of sales promotion
programs in Section 3. Chapter 2 of Decree No. 37/2006/ND-CP.
2. When conducting a sales
promotion program in the form of discounting or selling goods or providing
services together with goods purchase or service use coupons in a province or
centrally run city, the mobile phone enterprise shall, apart from notifying its
sales promotion program to the provincial-level Industry and Trade Department,
send a notice to the provincial-level Information and Communications
Department. When conducting a sales promotion programs in the form of
discounting or selling goods or providing services together with goods purchase
or service use coupons in two or more provinces or centrally run cities, a
mobile phone enterprise shall, in addition to notifying its sales promotion
program to provincial-level Trade Departments, send a notice to the Ministry of
Information and Communications for duplication and sending to relevant provincial-level
Information and Communications Departments.
Article 13.
Public announcement and reporting
1. When conducting sales
promotion in the mobile phone service sector, mobile phone enterprises shall
publicize information under Article 97 of the Commercial Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Goods prices and service
charge rates which are publicized immediately before sales promotion,
b/ The value of a unit of services
or goods used for sales promotion;
c/ The total value of promoted
services or goods under a sales promotion program;
d/ The total value of services
or goods used for sales promotion under a sales promotion program;
e/ The sale prices of goods sold
and charge rates of services provided free-of-charge to customers during sales
promotion in the form prescribed in Article 7 of this Circular;
f/ The specific value or the
proportion below goods sale prices or service charge rates applied before sales
promotion, for sales promotion conducted in the form specified in Article 8 of
this Circular;
g/ The cash value or specific
benefits to be enjoyed by customers from goods purchase or service use coupons:
places of goods sale and service provision and types of goods and services
which customers can purchase or use with coupons, for sales promotion conducted
in the form specified in Article 9 of this Circular.
h/ Expenses to be paid by
customers, for sales promotion conducted in the form specified in Article 10 of
this Circular.
Article 14.
Examination and inspection
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The Information and Communications
Ministry's Inspectorate and inspectorates of provincial-level Information and
Communications Departments shall coordinate with state management agencies in
charge of sales promotion in the telecommunications sector in inspecting sales
promotion activities of mobile phone enterprises.
Article 15.
Handling of violations
Any illegal acts detected in the
course of examination and inspection shall be handled in accordance with the
law on sales promotion and telecommunications, depending on their nature and
severity.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 16.
Implementation provisions
1. This Circular takes effect on
July 1. 2010.
2. The Chief of the Office, the
director of the Telecommunications Department and heads of agencies and units
under the Ministry, directors
of provincial-level Information
and Communications Departments, directors general and directors of mobile
phone enterprises and concerned organizations and individuals shall implement
this Circular.-
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR
THE MINISTER OF INFORMATION AND COMMUNICATIONS
DEPUTY MINISTER
Le Nam Thang