Thông tư 14/2022/TT-BTTTT danh mục chất lượng dịch vụ viễn thông công ích

CIRCULAR

LIST, QUALITY OF PUBLIC TELECOMMUNICATIONS SERVICES AND GUIDELINES FOR PUBLIC TELECOMMUNICATIONS SERVICE PROVISION PROGRAM UNTIL 2025

Pursuant to Telecommunications Law dated 23 November 2009;

Pursuant to the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 on elaboration of guidelines for implementation of some Articles of the Telecommunications Law;

Pursuant to the Government’s Decree No. 48/2022/ND-CP dated July 26, 2022 on functions, duties, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to Government’s Decree No. 32/2019/ND-CP dated April 10, 2019 commissioning, ordering and tendering for public-sector goods and services funded by the state budget's regular expenditures

Pursuant to Decision No. 2269/QD-TTg dated December 31, 2021 of the Prime Minister on approval for public telecommunications service provision program until 2025;

At the request of Director of Department of Planning and Finance;

...

...

...

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular elaborates the list and quality of public telecommunications services; the list of villages, hamlets, mountainous villages and islands where the households have been resided (hereinafter referred to as “villages”) in disadvantaged areas eligible for assistance with universalization of telecommunications services (hereinafter referred to as “eligible areas”); assistance for telecommunications enterprises that provide public telecommunications services; assistance with smartphones for poor and near-poor households and assistance for users who use public telecommunications services; dissemination of information, inspection, supervision and assessment of the implementation of the public telecommunications service provision program until 2025, approved by the Prime Minister in Decision No. 2269/QD-TTg dated December 31, 2021.

2. The assistance with tablets and public telecommunications services for the use of tablets under the Program shall comply with Circular No. 09/2022/TT-BTTTT dated June 30, 2022 of the Minister of Information and Communications on guidelines for the implementation of assistance with tablets and public telecommunications services for the use of tablets under the public telecommunications service provision program until 2025. In particular, the regulations on advance payment, acceptance, payment and final settlement of the funding for assistance with the use of public telecommunications services for persons eligible to receive tablets shall follow the guidance in this Circular.

Article 2. Regulated entities

1. Ministries and ministerial-level agencies that have the function of state management relevant to the implementation of the Program.

2. The People's Committees at all levels.

3. Households and household members of poor or near-poor households; families that are beneficiaries of policies on benefits for persons with meritorious services and social policies.

...

...

...

5. Enterprises that provide public telecommunications services, enterprises that produce telecommunications terminal equipment.

6. Other agencies, organizations and individuals that participate in management, implementation and supervision of the implementation of the Program's tasks.

Article 3. Definitions

For the purposes of this Circular, the terms below are construed as follows:

1. Program is the abbreviation of the public telecommunications service provision program until 2025, approved by the Prime Minister in Decision No. 2269/QD-TTg dated December 31, 2021.

2. Poor households and near-poor households are households that have been recognized by the competent authorities according to the multi-dimensional poverty line for the 2021-2025 period specified in Government’s Decree No. 07/2021/ND-CP dated January 27, 2021.

3. Families that are beneficiaries of policies on benefits for persons with meritorious services are households whose members are direct beneficiaries and receive monthly allowances according to regulations of the Ordinance No. 02/2020/UBTVQH14 dated December 12, 2020 of the Standing Committee of the National Assembly on incentives for persons with meritorious services to the revolution.

4. Families that are beneficiaries of social policies are households whose members receive monthly social allowances, households that provide care and nurture for social support beneficiaries according to regulations of Government’s Decree No. 20/2021/ND-CP dated March 15, 2021 on social support policies for social protection beneficiaries.

5. The household owner is the owner specified in the household registration book or the holder of the certificate of poor household or near-poor household

...

...

...

a) A person with full legal capacity according to regulations of the law on civil; whose name is specified in the certificate of poor household or near-poor household and the list of households eligible to smartphones, approved by the People's Committee of province and receives a smartphone from the Program on behalf of his/her household or another person assigned as household representative by the People’s Committee of the province;

b) An universal telecommunications subscriber who is specified in the household registration book or the certificate of poor household or near-poor household.

7. Subsidy on public telecommunications services is the amount that the program provides for the enterprise to cover part of the cost of provision of public telecommunications services on the basis of the cost of provision of each universal telecommunications service of the enterprise and the subsidy rate (%) shall be decided by the Ministry of Information and Communications.

8. Subsidy of use of public telecommunications services is the amount that the Program providers for the user who uses public telecommunications services within a specific time (via the enterprise that provides public telecommunications services) according to decision of the Ministry of Information and Communications.

9. Eligible areas are villages that meet the following criteria:

a) Villages that have electricity in communes with extremely difficult socio-economic conditions, island communes, island districts and other areas where telecommunications enterprises are not capable of effectively conducting business under the market mechanism;

b) Villages that do not have land mobile telecommunications services or/and fixed terrestrial broadband Internet access service until December 31, 2020.

10. Communes with extremely difficult socio-economic conditions are communes in Region III according to the list issued together with Decision No. 861/QD-TTg dated June 04, 2021 of the Prime Minister on approval for the list of communes in Region III, Region II and Region I of ethnic minority and mountainous areas in the 2021-2025 period and communes with extremely difficulties in coastal sand dunes, coastal areas and islands according to the list in Appendix II issued together with Decision No. 353/QD-TTg dated March 15, 2022 of the Prime Minister on approval for the list of poor districts and communes with extremely difficulties in coastal sand dunes, coastal areas and islands in the 2021-2025 period.

11. Island communes are communes recognized by the Prime Minister according to the criteria, conditions and procedures for recognition of island communes specified in Decision No. 569/QD-TTg dated April 22, 2014 of the Prime Minister on criteria, conditions and procedures for recognition of island communes.

...

...

...

13. Enterprise that produces telecommunications terminal equipment is an enterprise that produces fixed or mobile telecommunications terminal equipment that can be connected to a telecommunications network termination point to send, transmit, receive and process information of the user

14. Enterprise that provides public telecommunications services is an enterprise that provides services with network infrastructure that is allowed to conduct business in at least 01 (one) telecommunications service on the list of public telecommunications services issued in this Circular.

Article 4. Principles of implementation

1. The public telecommunications service provision and use program shall follow the order of priority and conform the program's funding sources.

2. The program does not cover public telecommunications services that are already provided by other programs and projects

3. The program shall ensure publicity and democracy in terms of beneficiaries and subsidies.

4. The program shall ensure the role in inspection and supervision of relevant agencies, organizations and the people.

Chapter II

LIST, QUALITY AND PRICE FOR PUBLIC TELECOMMUNICATIONS SERVICES

...

...

...

The public telecommunications services include mandatory telecommunications services and universal telecommunications services.

1. Mandatory telecommunications services

a) Telecommunications services for direction and operation of natural disaster prevention and control, search and rescue (including: telephone; data transmission via satellite; message via terrestrial mobile telecommunications networks);

b) Maritime mobile telecommunications services (via coastal communications station system) for search and rescue at sea

c) Telecommunications service for emergency communications to 113, 114 and 115.

2. Universal telecommunications services:

a) Fixed terrestrial telecommunications services:

- Fixed terrestrial broadband Internet access service

- Data transmission services (optical fiber transmission, microwave transmission, satellite transmission) for connection to information from the mainland to islands, island communes, island districts and offshore platforms.

...

...

...

- Telephone service

- Broadband Internet access service

- Message service.

c) Maritime mobile telecommunications services (telephone service) for contact with fishermen on Vietnamese fishing ships and boats at sea.

Article 6. Technical standards and the quality of public telecommunications services

1. Quality of public telecommunications services that meet national technical regulations:

a) QCVN 36:2015/BTTTT: National technical regulations on the quality of telephone services via terrestrial mobile telecommunications network;

b) QCVN 35:2019/BTTTT: National technical regulations on the quality of telephone services via fixed terrestrial telecommunications network;

c) Quality of terrestrial fixed broadband Internet access services: apply national technical regulations QCVN 34:2019/BTTTT: National technical regulations on the quality of fixed terrestrial broadband Internet access services;

...

...

...

2. The public telecommunications services that fall outside national technical regulations specified in Clause 1 of this Article shall comply with regulations of the Ministry of Information and Communications.

Article 7. Prices of public telecommunications services

1. The prices of public telecommunications services shall comply with the list of public telecommunications services issued by the Ministry of Information and Communications.

2. According to proposal of enterprises that provide public telecommunications services, the Ministry of Information and Communications decides the prices of public telecommunications services according to regulations of the law on prices

Chapter III

ASSISTANCE FOR ENTERPRISES THAT PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES

Section 1. ASSISTANCE FOR ENTERPRISES THAT PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES IN ELIGIBLE AREAS

Article 8. Eligible areas

Eligible areas until 2025:

...

...

...

2. Villages on the list specified in Appendix XI issued with this Circular in case the villages meet the conditions specified in Point a Clause 9 Article 3 of this Circular.

3. Other villages that meet the conditions specified in Clause 9 Article 3 of this Circular under the declaration of the Ministry of Information and Communications according to proposal of the local authorities.

Article 9. Beneficiaries, contents, methods and time for assistance for enterprises that provide services

1. Beneficiaries: Enterprises that provide public telecommunications services (hereinafter referred to as “enterprises”) shall provide the following services in eligible areas:

a) Terrestrial mobile telecommunications services:

b) Fixed terrestrial broadband Internet access service.

2. Contents: Assisting enterprises in finance to cover part of the cost of provision of public telecommunications services specified in Clause 1 of this Article, including depreciation of fixed assets and the cost of maintenance and operation.

3. Methods:

a) Commissioning enterprises that have provided telecommunications services specified in Clause 1 of this Article in eligible areas from January 01, 2021 to August 31, 2022;

...

...

...

In case of bidding, contracts shall be signed in Quarter I, 2023. The selected contractors shall provide services before October 01, 2023. 

c) Assigning the plans for provision of services: In case, the methods specified in Points a and b of this Clause cannot be adopted, the Ministry of Information and Communications selects enterprises to assign the plans for provision of telecommunications services specified in Clause 1 of this Article.

The Ministry of Information and Communications assigns service provision plans to enterprises before June 30, 2023. The enterprises shall ensure progress in provision of services within 06 months from the time in which the Ministry of Information and Communications assigns the plans.

4. Starting time of assistance: From the month following the month in which the enterprises start providing services in eligible areas after January 01, 2022.

The specific time shall be reported by the enterprises that provide services and certified by the Department of Information and Communications according to Form No. 04/BBXN-KVKK, Appendix VI issued together with this Circular.

5. Duration of assistance: From the starting time of provision of assistance specified in Clause 4 of this Article to the end of December 31, 2025.

Article 10. Cost of provision of services, subsidies and the process of commissioning enterprises to provide services in eligible areas.

1. Standard design for infrastructure works that provide public telecommunications services in eligible areas:

b) The Ministry of Information and Communications creates standard design in order to meet minimum requirements for provision of universal telecommunications services specified in Clause 1 Article 9 of Circular in eligible areas to serve as the basis for investment rate in the following areas:

...

...

...

b) Region 2: Quang Ninh, Bac Ninh, Ha Nam, Hai Duong, Hung Yen, Hai Phong, Nam Dinh, Ninh Binh, Thai Binh, Vinh Phuc, Hanoi;

c) Region 3: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien-Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan;

d) Region 4: Kon Tum, Gia Lai, Dak Lak, Dak Nong, Lam Dong;

dd) Region 5: Binh Phuoc, Binh Duong, Dong Nai, Tay Ninh, Ba Ria-Vung Tau; Ho Chi Minh City;

e) Region 6: Long An, Dong Thap, Tien Giang, An Giang, Ben Tre, Vinh Long, Tra Vinh, Hau Giang, Kien Giang, Soc Trang, Bac Lieu, Ca Mau, Can Tho.

2. Investment rate for infrastructure works that provide public telecommunications services in eligible areas:

The investment rate shall follow the following principles:

a) Standard design of the base transceiver station (BTS), fixed Internet access service provision infrastructure of the investor (hereinafter referred to as “infrastructure work”) in the areas specified in Clause 1 of this Article;

b) Economic - technical norms, cost norms, relevant regulations on management of construction investment cost issued by competent authorities.

...

...

...

d) If the investment rate and overall investment costs have been declared by the Ministry of Construction, the investment rate and overall infrastructure costs must not exceed the rate and costs declared by the Ministry of Construction at the latest time.

3. Determination of the cost of provision of public telecommunications services in eligible areas:

a) Enterprises that have been commissioned to provide public telecommunications services specified in Clause 1, Article 9 of this Circular shall report the cost of provision of services and take responsibility for the reported data. Costs of provision of services

- Depreciation of fixed assets of infrastructure works invested in enterprises shall be determined according to regulations of the law on management and calculation of depreciation of fixed assets for enterprises; and registration of enterprises with tax authorities according to regulations.

If the actual value of the infrastructure works invested in the enterprise exceeds the investment rate of public telecommunications services infrastructure announced by the Ministry of Information and Communications according to regulations of Clause 2, Article 13 of this Circular, the value of fixed assets as a basis for calculation of depreciation eligible for subsidization by the Program shall be determined according to investment rate of infrastructure works announced by the Ministry of Information and Communications.

- Cost of maintenance and operation: Direct cost of maintenance and operation of infrastructure works in eligible areas of enterprises.  The cost of maintenance and operation shall be a percentage (%) of depreciation of fixed assets of the infrastructure works declared by the Ministry of Information and Communications in accordance with regulations of Clause 2, Article 13 of this Circular.

If the actual size of investment of the enterprise exceeds the investment rate declared by the Ministry of Information and Communications according to regulations of Clause 2, Article 13 of this Circular, the cost of maintenance and operation that is allocated to provision of public telecommunications services shall be determined according to investment rate announced by the Ministry of Information and Communications

b) According to proposal of enterprises, the Ministry of Information and Communications considers and decides subsidies and subsidy rates for enterprises that provide services according to regulations of Clause 4 of this Article.

4. Subsidies for enterprises that provide public telecommunications services:

...

...

...

- Subsidy = (cost of provision of public telecommunications services - revenue from operation of infrastructure works) x subsidy rate.

Where: Revenue from operation of infrastructure works is the revenue from operation of infrastructure works in eligible areas. The revenue shall be determined, as follows:

+ Mobile telecommunications services: 6% of overall average revenue from the BTS reported by the enterprise.

 + Fixed broadband Internet access services: 73% of average revenue from the fixed broadband Internet subscribers reported by the enterprise x number of standard design ports.

- The subsidy rate for an enterprise that provides services is the percentage (%) of the cost of provision of services in eligible areas, after deduction for revenue from infrastructure works of the enterprise. The subsidy shall be uniformly applied to all enterprises that have been commissioned to provide services.

- According to the proposal of the vendors and financial sources of the Program, the Ministry of Information and Communications promulgates subside rates; decides subsidy for each enterprise that provides services in eligible areas.

- If the regional revenue from operation of infrastructure works of the enterprise in eligible areas is more than the cost of provision of services in each region, the Program does not subsidize the cost for the enterprise.

b) The subsidy of provision of public telecommunications services under the bidding shall follow the result of selection of contractors that provide public telecommunications services

c) The subsidy of provision of public telecommunications services under the plan assignment shall follow the plan and estimate that have been approved by the Ministry of Information and Communications for each specific task.

...

...

...

a) A proposal for the plan and estimate for commissioning services:

Within 15 working days from the effective date of this Circular, the enterprises that provide public telecommunications services in eligible areas shall request the Ministry of Information and Communications to make the plan for commissioning services. Contents of the Report include:

- List of villages in eligible areas and number of BTS; list of villages that have been provided fixed Internet access services.

- Starting time for provision of services, starting time for assistance.

- Duration of assistance.

- Cost of provision of each service for each region, enclosed with the description of the basis for formulation of cost factors.

- Revenue from operation of infrastructure works of the enterprise in eligible areas.

- Proposed subsidies of the Program every year.  In case the assistance period in the first year is less than 12 months, subsidy shall equal (=) annual subsidy divided by ( : ) 12 months

The enterprise shall send certified true copies of the enterprise's licenses to trade telecommunications services enclosed with the report on the plan

...

...

...

b) Decision on the plans, estimates and subsidies for commissioning the enterprises to provide services: Within 15 days from the date of receipt of the complete application reported by the enterprise, the Ministry of Information and Communications considers and approves the plans, estimates, subsidy rates and decision on commissioning the enterprises;

c) According to decision on commissioning of the Ministry of Information and Communications, Vietnam Public Utility Telecommunications Service Fund and enterprises that provide public telecommunications services shall sign a contract for provision of services according to regulations and submit report to the Ministry of Information and Communications.

6. The process of bidding and plan assignment shall comply with regulations of Articles 41 and 42 of this Circular.

Section 2. ASSISTANCE FOR ENTERPRISES THAT PROVIDE BROADBAND INTERNET ACCESS SERVICES IN PUBLIC ACCESS STATIONS OF COMMUNES WITH EXTREMELY DIFFICULT SOCIO-ECONOMIC CONDITIONS, ISLAND COMMUNES AND ISLAND DISTRICTS;

Article 11. Assistance for enterprises that provide fixed terrestrial broadband internet access services in public internet access stations

1. The Program assists enterprises to provide (free of charge) fixed terrestrial broadband internet access services for users in communes with extremely difficult socio-economic conditions, island communes and island districts (hereinafter referred to as “public Internet access stations”).

According to actual surveys and proposals of enterprises that provide services, the Ministry of Information and Communications decides the quantity and location for provision of services in communes with extremely difficult socio-economic conditions, island communes and island districts.

2. The public Internet access stations established by enterprises shall meet the technical requirements and requirements for the quality of services promulgated by the Ministry of Information and Communications. There are services including wireless connection and fixed internet network (wifi) at the public internet access stations.

The Ministry of Information and Communications issues Decision on technical requirements, requirements for the quality of services and average investment rate of public Internet access stations as prescribed in Clause 2, Article 13 of this Circular.

...

...

...

a) Starting time for assistance: The month following the month in which the enterprise starts providing services but not before the effective date of contract for provision of services between the enterprise and Vietnam Public Utility Telecommunications Service Fund;

b) Duration of assistance period: From the month in which the enterprise starts receiving assistance to the end of December 31, 2025 according to the confirmation by the Department of Information and Communications (according to Form No. 03b/BC, Appendix II issued with this Circular).

4. Methods: Bidding, commissioning and plan assignment according to regulations

5. Subsidies:

a) Commissioning: According to the investment rate of public Internet access stations proposed by the vendors, the Ministry of Information and Communications issues Decision on the subsidies for enterprises to subsidize the costs of equipment and tools, use of public telecommunications services; maintenance and operation of the stations. The cost of use of assets that are buildings and structures is not covered.

If the costs of public Internet access stations of the enterprise have been subsidized by state capital of other programs and projects, the enterprise must not request subsidization on these services. The vendor shall be responsible for the reported data.

b) In case of bidding: Subsidies according to regulations of the Law on Procurement;

c) In case of plan assignment: Subsidies according to the plan and estimate approved by the Ministry of Information and Communications: Do not subsidize services that are already subsidized by other programs or projects (if any).

6. Process of commissioning enterprises to provide public telecommunications services:

...

...

...

Within 15 working days from the effective date of this Circular, the enterprises that provide public telecommunications services shall request the Ministry of Information and Communications to make the plan for commissioning services. Contents of the plan include:

- List of public internet access stations

- Starting time for provision of services, starting time for assistance.

- Time for provision of assistance in providing services.

- Cost of provision of each service, enclosed with the description of the basis for formulation of cost factors.

- A proposal for subsidies for provision of services from the Program in all stages and every year.   In case the assistance period in the first year is less than 12 months, subsidy shall equal (=) annual subsidy and actual number of months of assistance

The enterprise shall send certified true copies of the enterprise's licenses to trade telecommunications services enclosed with the report on the plan

Enterprises shall be responsible for the information and data in the report sent to the Ministry of Information and Communications.

b) Decision on commissioning enterprises: Within 15 days from the date of receipt of the enterprise's proposal for the plan for commissioning provision of services, the Ministry of Information and Communications considers and decides to commission enterprises to provide services; decides subsidies for enterprises that provide services;

...

...

...

7. The process of bidding and assigning the plan for enterprises that provide services shall comply with regulations of Articles 41 and 42 of this Circular.

Section 3. ASSISTANCE FOR ENTERPRISES THAT PROVIDE DATA TRANSMISSION SERVICES TO CONNECT INFORMATION FROM THE MAINLAND TO ISLANDS, ISLAND COMMUNES, ISLAND DISTRICTS AND OFFSHORE PLATFORMS.

Article 12. Assistance for telecommunications enterprises that provide data transmission services to connect information from the mainland to islands, island communes, island districts and offshore platforms.

1. Scope:

Provide data transmission services to connect information from the mainland to:

a) Offshore platforms;

b) Islands, island communes and island districts declared by the Ministry of Information and Communications in the same area as the enterprise eligible for subsidy for provision of data transmission services for connection to information from the mainland to islands, island communes and island districts upon the requests of telecommunications enterprises and local authorities and according to the following criteria:

- Islands, island communes, island districts where the reporting enterprises have provided data transmission services from the mainland with the average revenue from telecommunications services in the last 3 years that is not enough to subsidize the incurred costs in the area. The enterprises shall be responsible for the reported data.

- Islands, island communes, island districts where the people are living and the telecommunications services have not been provided until the end of August 31, 2022.

...

...

...

2. Contents: Assisting enterprises in finance to cover part of the cost of provision of transmission services (hired or invested by the enterprises), including:

a) Cost of use of infrastructure;

b) Cost of maintenance and operation of services for connection to information and transmission of data to islands, island communes, island districts, offshore platforms according to each transmission route.

3. Methods:

a) Commissioning for enterprises that provide and develop public telecommunications services to islands, island communes and island districts and offshore platforms by August 31, 2022;

b) Bidding for selection of enterprises that provide public telecommunications services for provision of services for islands, island communes and island districts and offshore platforms where the people are living and the services have not been provided until the end of August 31, 2022;

c) In case, the methods specified in Points a and b of this Clause cannot be adopted, the plan for provision of services for islands, island communes, island districts and offshore platforms shall be assigned to enterprises that provide public telecommunications services.

4. Technical and technological requirements, requirements for the quality of services: 

a) Commissioning: The enterprises shall report to the Ministry of Information and Communications in the plan for request for commissioning on the technical - technological plan and the quality of services that have been provided for islands, island communes, island districts and offshore platforms;

...

...

...

c) The Ministry of Information and Communications assigns Vietnam Public Utility Telecommunications Service Fund to cooperate with enterprises that provide services in formulation of technical - technological plans and plans for the quality of services that ensure minimum requirements for provision of telecommunications services for islands, island communes, island districts and offshore platforms for management of assistance.

The Ministry of Information and Communications decides technical - technological requirements and requirements for the quality of services that ensure the minimum requirements for provision of telecommunications services for islands, island communes, island districts and offshore platforms according to regulations of Clause 2, Article 13 of this Circular.

5. Starting time for assistance: 

a) Commissioning, assigning the plan: From the month following the month in which the enterprise starts providing services after the issue date of Decision on commissioning and assigning the plan issued by the Ministry of Information and Communications;

b) Bidding: From the month following the month of completion of the acceptance and operation of the works for provision of services;

c) Plan assignment: Follow Decision on assignment of the plan of the Ministry of Information and Communications.

6. Duration of assistance period: From the time for assistance to the end of December 31, 2025.

7. Subsidies for enterprises that provide services:

a) Commissioning: According to the enterprise's report on costs of provision of services (including the depreciation of equipment, the cost of hire of transmission services, the cost of maintenance and operation), the Ministry of Information and Communications issues Decision on subsidies for enterprises that provide services.

...

...

...

b) Bidding: the subsides shall follow the result of selection of contractors who provide services;

c) Plan assignment: the subsides shall follow the result of implementation of the plan and estimate approved by the Ministry of Information and Communications.

8. Process of commissioning enterprises to provide services:

a) A proposal for the plan and estimate for commissioning provision of services:

According to actual situations, the vendors shall make the plan, request the Ministry of Information and Communications to make the plan for commissioning provision of services. Contents of the plan include:

- List of islands, island communes, island districts and offshore platforms where the enterprises have provided services and make request for covering the cost of such services by August 31, 2022;

- Technical – technological plans , plans for the quality of services in progress; method of using transmission infrastructure (self-investment, hire of services).

- Starting time for provision of services, starting time for assistance; duration of assistance period of provision of services.

- Cost of provision of each service, enclosed with the description of the basis for formulation of cost factors.

...

...

...

- Proposed subsidies of the Program every year.  In case the assistance period in the first year is less than 12 months, subsidy shall equal (=) annual subsidy divided by ( : ) 12 months

The enterprise shall send certified true copies of the enterprise's licenses to trade telecommunications services enclosed with the report on the plan

Enterprises shall be responsible for the information and data in the report sent to the Ministry of Information and Communications.

b) Decision on commissioning enterprises to provide services: Within 15 days from the date of receipt of the enterprise's proposal for the plan for commissioning provision of services, the Ministry of Information and Communications considers, approves the plan, subsidies, estimates and decides to commission enterprises to provide services;

c) According to decision on commissioning, subsidies for provision of services and cost estimates approved by the Ministry of Information and Communications, Vietnam Public Utility Telecommunications Service Fund and enterprises that provide public telecommunications services shall sign a contract for provision of services according to regulations and submit report to the Ministry of Information and Communications.

9. The process of bidding and assigning the plan for enterprises that provide services shall comply with regulations of Articles 41 and 42 of this Circular.

Section 4. COUNCIL THAT APPRAISES TECHNICAL-TECHNOLOGICAL REQUIREMENTS, INVESTMENT RATE, COSTS OF MAINTAINANCE AND OPERATION AS THE BASIS FOR ASSISTANCE FOR ENTERPRISES THAT PROVIDE PUBLIC TELECOMMUNICATIONS SERVICES.

Article 13. Appraisal council

1. The Ministry of Information and Communications decides to establish an appraisal council and elaborates working principles of such council. The Chairperson of appraisal council is the leader of the Ministry of Information and Communications. The members are representatives of relevant agencies and units under the Ministry of Information and Communications, and at least representatives of 03 enterprises that provide public telecommunications services.

...

...

...

a) Standard design in BTS and infrastructure works that meet minimum requirements for provision of public telecommunications services in eligible areas;

b) Investment rate for BTS and infrastructure works that meet minimum requirements for provision of public telecommunications services in eligible areas; cost of maintenance and operation of such works;

c) Technical requirements, requirements for the quality of services, investment rate and other average costs of public internet access station; 

d) List of locations; technical – technological requirements, requirements for the quality of services that ensure minimum requirements for provision of telecommunications services to islands, island communes, island districts and offshore platforms;

dd) The contents specified in Points a, b and c of this Clause shall be identified according to each region specified in Clause 1 Article 10 of this Circular.  

Chapter IV

ASSISTANCE IN USING PUBLIC TELECOMMUNICATIONS SERVICES

Section 1. ASSISTANCE IN USING MANDATORY TELECOMMUNICATIONS SERVICES

Article 14. Beneficiaries, subsidies and methods of assistance in using mandatory telecommunications services

...

...

...

2. The subsidies shall follow charges for mandatory telecommunications services issued by the Ministry of Information and Communications.

3. Method: Commissioning enterprises that provide public telecommunications services

4. Procedures for determination of funding for assistance for enterprises that provide services:

a) Decision on the price of mandatory telecommunications services issued by the Ministry of Information and Communications;

b) Decision on commissioning, contract for provision of services:

c) Report on the result of execution of contract for provision of services (once every 06 months):

d) Record of acceptance for determination of the volume and value of services provided by the enterprise

5. The vendors shall:

a) Provide mandatory telecommunications services according to the quality and price of services according to regulations of the Ministry of Information and Communications;

...

...

...

Section 2. ASSISTANCE WITH SMARTPHONES

Article 15. Beneficiaries and conditions for assistance

1. Beneficiaries: poor and near-poor households.

2. Conditions:

a) Households have not received tablets from the Program or online learning devices (tablets, desktop computers, laptops) under the Program “Waves and computers for children” (by the time in which the Ministry of Information and Communications allocates the number of smartphones to local areas);

b) Households have demands for receipt of smartphones and fall within the list of the assisted households approved by the competent authorities.

Article 16. Principles and methods of allocation of smartphones to provinces

1. The Ministry of Information and Communications allocates smartphones to provinces according to the quantity of beneficiaries of the Program, the provinces and central-affiliated cities (hereinafter referred to as "provinces”) on the basis of the number of poor and near-poor households of each province.

2. The quantity of smartphones that have been allocated to provinces shall be determined according to the following formula:

...

...

...

Where:

a) Mđttmin: Quantity of smartphones of the Program that have been allocated to province (i) in year (n);

b) Mđttmn: Quantity of smartphones of the Program in year (n);

c) Hncni: Quantity of poor and near-poor households of the province (i) (the People's Committee of province sends the list of poor and near-poor households to the Ministry of Information and Communications at the time of determination of data);

d) Mmtbin: Quantity of tablets and smartphones of the Program that the Ministry of Information and Communications allocated to province (i) by the time for allocation of smartphones;

dd) Mtki: Quantity of computers, tablets that the poor and near-poor households have received from the Program “Waves and computers for children” from the starting time for assistance to the time in which the Ministry of Information and Communications allocates smartphones;

dd) t: Quantity of provinces that have poor and near-poor households.

3. The quantity of smartphones, tablets of the Program and computers and tablets that the poor and near-poor households have received from the Program “Waves and computers for children” must not exceed the quantity of poor and near-poor households in the period of 2021-2025 of each province.

Article 17. Allocation of smartphones and proposal for the list of beneficiaries of smartphones in provinces

...

...

...

a) Poor or near-poor households that are also families which are beneficiaries of policies on benefits for persons with meritorious services.

b) Poor or near-poor households that are also families which are beneficiaries of social policies;

c) Poor households;

d) Near-poor households.

2. According to the actual situation in provinces and the quantity of smartphones allocated by the Ministry of Information and Communications, the provincial-level People's Committees shall:

a) Decide criteria and methods of allocation of smartphones to districts and communes in the provinces;

b) Concretize and supplement criteria for prioritizing beneficiaries; elaborate the procedures and provide guidance on the selection and proposal for the list of beneficiaries in provinces; ensure assistance for beneficiaries specified in Article 15 of this Circular and criteria for prioritizing;

c) Approve the list of beneficiaries in provinces and send it to the Ministry of Information and Communications according to Form No. 02/DS-ĐTTM, Appendix I issued together with this Circular.

Article 18. Forms, subsidies and methods of assistance with smartphones

...

...

...

The Program assists the households in providing smartphones via the enterprises that provide public telecommunications services in one of the following 02 two forms:

a) By phone and network bundle (smartphones and land mobile telecommunications services)

b) By cash (the beneficiaries bought smartphones from the effective date of this Circular)

2. Principles:

a) By phone and network bundle:

- Apply the principle of voluntary, agreement between the household and enterprise that provides public telecommunications services on selection of the type, price of equipment and the responsibility of the enterprise for warranty on equipment; the responsibility of household for payment for the cost of smartphone (if the price of smartphone is higher than the subsidy of the Program).

- Ensure publicity and transparency of support policies of the State and enterprises (other than support policies of the State) for households

- The households shall use the public telecommunications services of the Program of the enterprises that provide smartphones for the households.

b) By cash: Ensure increase in subscribers who are poor and near-poor households using telecommunications services by smartphones.

...

...

...

a) By phone and network bundle: Funding for provision of subsidized smartphones and use of land mobile telecommunications services of the Program; where:

- The price of smartphone provided by the enterprise must not be less than the subsidy

- The subsidies for use of public telecommunications services for the households shall comply with regulations of the Ministry of Information and Communications.

b) By cash: VND 500.000 /household;

c) In case the price of a smartphone that the household purchases on the market (the household receives assistance with cash) or purchases via phone and network bundle is higher than the subsidy provided by the Program, the household shall pay the excess.

4. The households can choose one of two forms of assistance specified in Clause 1 of this Article.  The households receive assistance once via the enterprise in case the household registers universal telecommunications services.

5. Method of assistance: Commission enterprises to provide public telecommunications services (land mobile telecommunications services).

6. The enterprises shall:

a) Register the plan for receipt of commissioning with the Ministry of Information and Communications;

...

...

...

c) Not record the funding from the Program for provision of smartphones for households as revenue of provision of public telecommunications services

7. The enterprises that provide phone and network bundle, other than their responsibilities specified in Clause 6 of this Article, shall:

a) Disclose information on phone and network bundle, including information on the State's assistance policies (VND 500.000/household); specifications of smartphones, the prices of smartphones provided by enterprises for households for selection; equipment warranty period; assistance policies of enterprises for households (if any); responsibilities, methods of payment of the household (if the price of the smartphone that the household selects is higher than the subsidy provided the Program and the enterprise); organization of the implementation according to regulations;

b) Ensure the implementation of phone and network bubble on the basic of voluntary and agreement with the households

c) Provide smartphone sales invoices for households (according to purchase and sale agreements with households);

d) According to the actual situation, develop and register a project according to Appendix IV issued with this Circular with the Ministry of Information and Communications.

Article 19. Application for smartphones and public telecommunications services

1. Conditions for receipt of assistance with smartphones:

a) Households shall be specified in the list of beneficiaries of smartphones approved by the People's Committee of province;

...

...

...

c) Households shall receive subsidized smartphones at the enterprises that provide universal telecommunications services for such households.

d) The households shall receive subsidized smartphones via the enterprises that provide public telecommunications services at the provinces where the households are residing.

2. Application for subsidized smartphones of the household:

a) A copy of an identity card of the household owner or the representative (enclosed with the authentic copy for comparison);

b) A certified true copy of the certificate of poor household or near-poor household that has not escaped from poverty or near-poverty;

c) A smartphone purchase invoice from the effective date of this Circular (in case the household receives assistance with cash).

3. According to the contract for supply of subsidized smartphones for poor or near-poor household, the telecommunications enterprises shall:

a) Review applications according to regulations of Clauses 1 and 2 of this Article;

b) Make a list of households that applies for subsidized smartphones at the enterprise within the month according to Form No. 09/DS-DKĐTTM, Appendix I issued together with this Circular, and send it to the Vietnam Public Utility Telecommunications Service Fund before the 5^th of the following month;

...

...

...

d) According to the verification of the Vietnam Public Utility Telecommunications Service Fund, the enterprise shall make a voucher for smartphone for the household funded by the Program under the subsidy specified at Point b, Clause 3 of Article 18 of this Circular. In case the household applies for subsidized smartphone at 02 or more enterprises according to the notification of the Vietnam Public Utility Telecommunications Service Fund, the enterprise shall request the household to choose 01 enterprise in accordance with regulations of this Circular;

dd) Update information on smartphone purchase invoices to the list of beneficiaries.

Section 3. ASSISTANCE IN USING UNIVERSAL TELECOMMUNICATIONS SERVICES

Article 20. Beneficiaries of universal telecommunications services

1. The beneficiaries are poor or near-poor households, families that are beneficiaries of policies on benefits for persons with meritorious services and families that are beneficiaries of social policies. Where:

a) The priority is given to poor or near-poor households;

b) Throughout the process of implementation of the Program, the Ministry of Information and Communications considers expansion in beneficiaries of universal telecommunications services according to resources of the Program and the demands of the remaining entities.

2. The beneficiaries specified in Clause 1 of this Article will receive assistance with universal telecommunications services from the Program, as follows:

a) The households residing in communes with extremely difficult socio-economic conditions, island communes, island districts and eligible areas will receive assistance from the Program via 01 enterprise that provides public telecommunications services to use one of 02 following universal telecommunications services:

...

...

...

- Fixed terrestrial broadband Internet access service

b) The households without residing in areas specified in Point a of this Clause will receive assistance from the Program with terrestrial mobile telecommunications services (prepaid or postpaid)

Article 21. Subsidies, time and period of assistance with services

1. The subsidy for use of universal telecommunications service is the amount that is funded by the Program every month for provision of the service for the beneficiary specified in Clause 1 Article 20 of this Circular via the telecommunications enterprise.  The specific subsidy is issued by the Ministry of Information and Communications according to:

a) Demand for use of universal telecommunications services

b) Prices of universal telecommunications services:

c) Capacity for assistance of the Program;

d) Priority given to poor or near-poor households that receive free computers under the Program “Waves and computers for children”, poor or near-poor households who are borrowers of the Bank for Social Policies for purchase of computers for online learning (according to Decision No. 09/2022/QD-TTg dated April 04, 2022 of the Prime Minister on credit for students with difficult family circumstances) for use of fixed terrestrial broadband Internet access service for online learning.

2. If the first month in which the development of new subscribers is not a full month, the subsidies for the households shall be applied, as follows:

...

...

...

b) Use of universal telecommunications services from the 16th to the last day of the month: 50% of subsidies/month;

3. Time for assistance shall comply with regulations of Clause 2 Article 24 of this Circular.”;

4. Period of assistance: From the time for assistance to the time in which the households are no longer beneficiaries or no longer have demands for receipt of assistance with universal telecommunications services.

Article 22. Methods of assistance in using universal telecommunications services

1. Commissioning enterprises to provide public telecommunications services to provide services.

2. If the enterprises propose the plan for commissioning in excess of the quantity of beneficiaries, the Ministry of Information and Communications considers and decides the plan for commissioning enterprises on the basis of assurance about the correct principles and beneficiaries according to regulations.

3. The enterprises will only assist the households in using universal telecommunications services according to regulations of this Circular after signing contracts for provision of services with Vietnam Public Utility Telecommunications Service Fund.  

Article 23. Procedures for registration of subscribers who receive assistance in using universal telecommunications services

1. In addition to the documents on registration of new subscribers for use of services with telecommunications enterprises according to regulations, the households registering for use of universal telecommunications services shall have the following documents:

...

...

...

b) A certified true copy of the certificate of poor household or near-poor household;

c) A certified true copy of certificate of beneficiary of monthly benefits according to regulations of the Ordinance on incentives for people with meritorious services to the revolution (for households that are beneficiaries of policies on benefits for persons with meritorious services)

2. The households specified in Point d, Clause 1 Article 21 of this Circular, other than documents specified in Clause 1 of this Article, shall provide the following documents:

a) The students who have received terminals for online learning under the Program "Waves and computers for children" shall have certificates of members of poor or near-poor households that have received free terminals according to Form No. 07/GXN, Appendix I issued together with this Circular from the school;

b) The poor or near-poor household that is borrower of the Bank for Social Policies (or the authorized lender) for purchase of computer for online learning shall have a copy of promissory note with loan-granting unit according to regulations

3. Every year, in December, the beneficiaries of universal telecommunications services of the Program who are poor and near-poor households shall be responsible for provision of certified true copies of certificates of poor or near-poor households for telecommunications enterprises to update information on users who use services.

4. The enterprises shall be responsible for storage of documents specified in Clauses 1, 2 and 3 of this Article according to the time for storage of accounting vouchers under the law on accounting for inspection and supervision of Vietnam Public Utility Telecommunications Service Fund, the state management agency in charge of telecommunications and the competent state agencies.

Article 24. Registration of subscribers who receive assistance in using universal telecommunications services

1. The enterprises that provide telecommunications services and receive application from households shall review and compare with the applications and procedures specified in Clauses 1 and 2, Article 23 of this Circular, make the list of households that applies for assistance in using universal telecommunications services at enterprises within the month according to Form No. 08a/DS-DKDVPC, Appendix I issued together with this Circular, and send it to the Vietnam Public Utility Telecommunications Service Fund before the 25^th of every month;

...

...

...

Subscribers who comply with regulations will receive assistance in using public telecommunications services from the month following the month in which the enterprise sends the list to Vietnam Public Utility Telecommunications Service Fund.

In case the household applies for assistance in using universal telecommunications service from 02 or more enterprises or 02 universal telecommunications services, the Vietnam Public Utility Telecommunications Service Fund shall notify relevant enterprises of the following cases:

a) The household received assistance from the Program via another enterprise;

b) The household applies for assistance from the Program at 02 enterprises or assistance in using 02 universal telecommunications services.

3. According to the certification of the Vietnam Public Utility Telecommunications Service Fund, the enterprises shall register subscribers who receive assistance in using universal telecommunications services for households and update these subscribers to the list of beneficiaries.

4. In case the household applies for assistance at 02 or more enterprises or assistance in using 02 universal telecommunications services according to the notification of the Vietnam Public Utility Telecommunications Service Fund, the enterprise shall;

a) In the cases specified in Point a Clause 2 of this Article: Do not assist the household in using universal telecommunications services and notify the household.  In case the household wishes to apply for assistance at the enterprise, the enterprise shall provide guidance for the household according to regulations of Clause 3, Article 25 of this Circular;

b) Notify the household in order to choose to receive assistance in using 01 universal telecommunications service at 01 enterprise in accordance with regulations of this Circular for cases specified in Point b, Clause 2 of this Article.

5. Every 06 months, make a list of households that receive assistance in using universal telecommunications services according to Form No. 09a/BC, Form No. 09b/BC and Form No. 09c/DS-HGD, Appendix II enclosed with the Circular in order to request confirmation, acceptance and payment of funding for assistance in using services according to regulations.

...

...

...

Article 25. Change in use of services and enterprises that provide universal telecommunications services for households.

1. In the following cases, households using telecommunications services under the universalization program may change to other services within the program:"

a) The households who are beneficiaries of universal telecommunications services specified at Point a, Clause 2, Article 20 of this Circular may change to other services provided by the same enterprise. The process of change to other services is specified in Clause 2 of this Article;

b) The households who are beneficiaries of universal telecommunications services specified in Clause 2, Article 20 of this Circular may change to other enterprises that provide universal telecommunications services. The process and procedure for change to other enterprises that provide universal telecommunications services shall comply with regulations of Clause 3 of this Article.

2. Application and process of change in receipt of assistance in using universal telecommunications services according to regulations of Point a, Clause 1 of this Article:

a) The subscriber shall request the enterprise to change to other services according to Form No. 05/CD-DV, Appendix I issued together with this Circular;

b) The telecommunications enterprise shall carry out procedures for adjustment in universal telecommunications services for households from the month following the month in which the household requests; at the same time, make the list of households that change to other services according to Form No. 09c/DS-HGD, Appendix II issued together with this Circular in order to request acceptance, make periodic payment and update to the list of beneficiaries.

3. Process and procedure for change to other enterprises that provide universal telecommunications services according to regulations of Point b, Clause 1 of this Article:

a) The subscriber shall request the enterprise that is providing universal telecommunications services to stop providing services for households according to Form No. 05/CD-DV, Appendix I issued together with this Circular;

...

...

...

c) With regard to telecommunications enterprises whose subscribers have moved in: According to the request of the household according to Form No. 05/CD-DV, Appendix I specified in Point a of this Clause, the enterprise shall review and carry out procedures for registration of subscribers who use universal telecommunications services for households if they fully meet the conditions and procedures specified in Article 23 of this Circular and synthesis in Form 09c/DS-HGD, Appendix II issued together with this Circular to request acceptance, make periodic payment, and update information to the list of beneficiaries;

d) The subscribers will receive assistance in using universal telecommunications services from the new enterprise in from the month following the month in which the old enterprise stops providing assistance.

Article 26. Suspension of assistance and removal of the households from the list of beneficiaries of universal telecommunications services

1. Suspension of assistance in using universal telecommunications services for households for subscribers:

a) In two consecutive months, there is no incoming and outgoing traffic;

b) The households fail to meet conditions according to regulations of Clause 3, Article 23 of this Circular.

2. Restoration of assistance in using universal services for households:

a) With regard to the cases specified at Point a, Clause 1 of this Article: If the subscriber generates traffic in the month following the month of suspension of assistance, the assistance for the subscriber will be restored according to regulations of Clause 1 Article 21 of this Circular;

b) With regard to the cases specified at Point b, Clause 1 of this Article, the enterprises that provide public telecommunications services shall suspend assistance from January of the following year and notify the subscribers.

...

...

...

3. The vendors shall update information on suspension of assistance for subscribers in the cases specified in Clauses 1 and 2 of this Article to the list of beneficiaries.

4. Removal of subscribers, households from the list of beneficiaries of universal telecommunications services

a) In five consecutive months, there is no incoming and outgoing traffic;

b) The households have just got rid of poverty or near-poverty under recognition of the competent authority. In this case, the Program will stop assisting the households that have just got rid of poverty or near-poverty in using public telecommunications services from the month following the month in which the enterprise receives the result of the review of poor and near-poor households provided by the local competent authority according to regulations.

Section 4. ASSISTANCE FOR FISHERMEN IN USING MARITIME MOBILE TELECOMMUNICATIONS SERVICES

Article 27. Beneficiaries

The beneficiaries are fishermen on Vietnamese fishing ships and boats at sea.

Article 28. Subsidies and methods of assistance

1. The subsidy for use of maritime mobile telecommunications service for fisherman is applied within 06 months according to Decision of the Ministry of Information and Communications and regulations of Clause 3 Article 21 of this Circular.

...

...

...

Article 29. Application for use of services

1. The owner of a fishing vessel shall make and send the following documents to the enterprise that provides maritime mobile telecommunications service for registration of use of services:

a) Registration form for the use of maritime mobile telecommunications service according to Form No. 06/DK-DVHH, Appendix I issued together with this Circular;

b) Certified true copy of certificate of registration of fishing vessel or fishing license or certificate of registration and inspection of fishing vessel issued by the competent authority;

c) If the subscribers (fishing vessel owners) have had complete applications according to regulations of Points a and b of this Clause and have used maritime mobile telecommunications services within 06 months before the effective date of this Circular, the subscribers may forward the existing applications and shall not carry out the re-registration of procedures.

2. The enterprises that provide services shall receive, compare and review documents of fishing vessel owners, carry out procedures for provision of services from the time in which the fishing vessel owners use universal telecommunications services, and make the list of fishing vessel owners who are eligible for receipt of assistance in using maritime mobile public telecommunications services via coastal radio stations according to Form No. 12a/BC and Form No. 12b/BC, Appendix II; the list of additions and removals according to Form No. 12c/DS-DDHH, Appendix II issued with this Circular when making application for acceptance and payment.

3. The enterprises that provide maritime mobile telecommunications services shall update the information on the subscribers who use services to the list of beneficiaries.

Section 5. ASSISTANCE IN USING FIXED TERRESTRIAL BROADBAND INTERNET ACCESS SERVICES AT EARLY CHILDHOOD EDUCATION INSTITUTIONS, GENERAL EDUCATION INSTITUTIONS, HEALTH STATIONS OF COMMUNES AND BROADBAND INTERNET ACCESS STATIONS FOR COMMUNITY FOR ETHNIC MINORITIES

Article 30. Beneficiaries

...

...

...

a) Early childhood education institutions;

b) General education institutions (including branches of schools, if any);

c) Heath stations of communes;

d) Public broadband Internet access stations for the residential communities that serve socio-economic development and ensure security and order under the National Target Program on socio-economic development in ethnic minority and mountainous areas in the 2021-2030 period; phase 1: From 2021 to 2025 (hereinafter referred to as “public broadband Internet access stations”).

2. The Program may only assist one subscriber in using fixed terrestrial broadband internet access services via 01 (one) telecommunications enterprise for each public broadband Internet access station or unit specified in Clause 1 of this Article

3. The heads of units specified at Points a, b, c, Clause 1 of this Article and the Presidents of the commune-level People's Committees that manage public broadband Internet access stations specified at Point d, Clause 1 of this Article shall carry out the procedures for registration of subscribers who use public telecommunications services according to Form No. 04b/DK-DVTC, Appendix I issued together with this Circular and send to enterprises that provide public telecommunications services (under selection of units).

4. The enterprises that provide public telecommunications services shall receive the applications of units and review the list of units that have received assistance from the Program on the Website of Vietnam Public Utility Telecommunications Service Fund:

a) If the units that fall outside the list of units that have received assistance from the Program, the enterprises shall make the list of units that applies for assistance in using fixed terrestrial broadband internet access services in the month according to the Form No. 10a/DS-DKBRCĐ, Appendix I issued together with this Circular and send to the Department of Information and Communications by the 25th of every month;

b) If the units that fall within the list of units that have received assistance from the Program, the enterprises shall refuse to apply for assistance from the Program and notify the units

...

...

...

The units that comply with regulations will receive assistance in using public telecommunications services from the month of verification of the Department of Information and Communications

In case the unit applies for assistance in using fixed terrestrial broadband internet access services from 02 or more enterprises, the Department of Information and Communications shall notify relevant enterprises of the following cases:

a) The unit has received assistance from the Program via another enterprise;

b) The unit applies for assistance from the Program at 02 enterprises in the first time;

6. According to the certification of the Department of Information and Communications, the enterprises shall register subscribers who receive assistance in using fixed terrestrial broadband internet access services for units and update these subscribers on the list of beneficiaries.

7. In case the unit applies for assistance at 02 or more enterprises according to the notification of Department of Information and Communications, the enterprise shall;

a) Do not provide assistance and notify the unit for cases specified in Point a Clause 5 of this Article.

b) Request the unit to choose 01 enterprise in accordance with regulations of this Circular for cases specified in Point b, Clause 5 of this Article.

8. According to verification of the Department of Information and Communications about the units or public broadband Internet access stations that receive assistance from the Program in their provinces according to regulations of Article 44 of this Circular, the Vietnam Public Utility Telecommunications service Fund shall declare the list of units and stations that have received assistance from the Program on the Fund's website.

...

...

...

1. The quality of fixed terrestrial broadband internet access services at units that have received assistance from the Program specified in Article 30 of this Circular shall comply with regulations of Point a, Clause 2 Article 6 of this Circular.

2. The Program may only assist one subscriber in using fixed terrestrial broadband internet access services via 01 (one) telecommunications enterprise for each public broadband Internet access station or unit specified in Clause 1 of this Article.

Article 32. Subsidies, duration and methods of assistance

1. The Ministry of Information and Communications issues the subsidies. The subsidies shall be consistent with scale of users of units

2. Duration of assistance: From the month in which the enterprise provides services for beneficiaries specified in Clause 1 Article 30 according to verification of the Department of Information and Communications to the time in which the beneficiaries no longer have demands for receipt of assistance in using services by December 31, 2025.

3. If the first month in which the provision of services is not a full month, the subsidy rate for the enterprise that provides services shall be equal to the subsidy rate for the subscriber of the household specified in Clause 2 Article 21 of this Circular.

4. In case the unit specified in Clause 1, Article 30 uses services at a cost that is higher than the subsidy issued by the Ministry of Information and Communications, the establishment shall be responsible for payment of the cost in excess to the subsidy for the enterprise that provides services

5. Method: Commission enterprises to provide services

Chapter V

...

...

...

Article 33. Dissemination of information about the Program

1. Disseminate information about the Program to provide essential information on mechanisms and policies on telecommunications and provision of public telecommunications services for telecommunications enterprises and enterprises that produce terminals; and achieve social consensus on organization of implementation. The dissemination of information shall ensure the publicity and transparency; and serve monitoring of the implementation of the Program of agencies, organizations and people, especially beneficiaries of support policies on provision and use of public telecommunications services.

2. Dissemination of information about the following contents:

a) Mechanisms and policies on management of telecommunications development and provision of public telecommunications services of the State;

b) Contents of the Program and implementation of the Program at enterprises and local areas;

c) Management of provision of public telecommunications services;

d) Contribution of telecommunications and policies on provision of public telecommunications services for socio-economic development, especially in ethnic minority and mountainous areas and islands and sustainable poverty reduction.

3. Methods:

a) Via press products;

...

...

...

c) Via forms of advertisement at transaction stations of telecommunications enterprises; management book;

d) Via activities of establishments.

4. Languages: Vietnamese, ethnic minority languages.

5. Methods:

a) Dissemination activities that have had economic-technical norms and unit prices of services issued by competent authorities: Commissioning. The method of commissioning shall comply with regulations of Decree No. 32/2019/ND-CP dated April 10, 2019 of the Government on commissioning, ordering and tendering for public-sector goods and services funded by the state budget's regular expenditures

b) Dissemination activities that have not had economic-technical norms and unit prices issued by competent authorities: Bidding for provision of services according to regulations of the law on bidding.

Article 34. Guidelines for beneficiaries about use of public telecommunications services

1. Contents:

a) Guidelines for the beneficiaries of terminals and public telecommunications services about effective extraction of information on the Internet for the intended purposes;

...

...

...

c) Notification and guidelines for subscribers about additional procedures according to regulations of Clause 3 Article 23 of this Circular.

2. Methods:

a) Publication and dissemination of printed materials and matters;

b) Via electronic information products;

c) Telecommunications messages to subscribers who are using universal telecommunications services (the enterprises self-cover the cost of services).

3. Methods: Assigning tasks, commissioning and bidding for selection of organizations or enterprises according to regulations of the law.

Article 35. Inspection and supervision of implementation of the Program

1. Inspected entities:

a) Enterprises that provide public telecommunications services

...

...

...

c) Authorities that are assigned to cooperate in management of implementation of the Program in local areas.

2. Contents:

a) Inspection and supervision of the implementation of objectives and tasks of the Program;

b) Inspection and supervision of the implementation of policies and regimes for assistance in providing and using public telecommunications services;

c) Inspection of the implementation of procedures and applications in management;

d) Assessment of the results and impacts of the Program.

3. Responsibility for inspection and supervision of implementation of the Program:

a) The Ministry of Information and Communications takes charge and cooperates with ministries, central and local agencies in inspection and supervision of the implementation of the Program;

b) The Provincial People's Committees shall supervise the implementation of the Program in their provinces.

...

...

...

a) Establishment of inspectorate;

b) Via reports of enterprises that provide public telecommunications services, Vietnam Public Utility Telecommunications Service Fund

Chapter VI

MAKING PLAN, ESTIMATE AND COMMISSIONING, BIDDING, ASSIGNING PLAN FOR IMPLEMENTATION OF TASKS OF THE PROGRAM

Section 1. MAKING PLAN AND ESTIMATE FOR IMPLEMENTATION OF THE PROGRAM

Article 36. Making plan and cost estimate for implementation of tasks of the Program

1. Article 36. Cost estimate and plan for implementation of tasks of the Program:

a) Estimates and plans for assistance for enterprises that provide public telecommunications services by the end of 2025 and every year: The plans shall be made according to Clause 2 of this Article and the contents of the plans shall comply with regulations of Point a, Clause 3 of this Article.

b) Estimates and plans for assistance for users who use public telecommunications services by the end of 2025 and every year: The plans shall be made according to Clause 2 of this Article and the contents of the plans shall comply with regulations of Point b, Clause 3 of this Article.

...

...

...

a) List of eligible areas issued by the Ministry of Information and Communications;

b) List of beneficiaries of smartphones approved by the People's Committee of province;

c) Quantity of poor and near-poor households;

d) List of households that have got rid of poverty or near-poverty;

dd) Progress in provision of public telecommunications services of enterprises in the previous period;

e) Plans for development of infrastructure and networks of provision of public telecommunications services in eligible areas;

g) Prices of public telecommunications services proposed by enterprises. If the Ministry of Information and Communications has issued the prices of public telecommunications services, the prices issued by the Ministry of Information and Communications shall be applied.

h) Subsidies for provision and use of public telecommunications services issued by the Ministry of Information and Communications.

i) Guidance of the Ministry of Information and Communications in this Circular and relevant documents;

...

...

...

3. Contents of plans and estimates for implementation of tasks of the Program:

a) Estimates and plans for assistance for enterprises that provide public telecommunications services:

- Plans for provision of land mobile telecommunications services in eligible areas:

- Plans for provision of fixed terrestrial broadband Internet access services in eligible areas:

- Plans for provision of fixed terrestrial broadband internet access services in public internet access stations established by enterprises

- Plans for provision of data transmission services to connect information from the mainland to islands, island communes, island districts and offshore platforms.

If the Ministry of Information and Communications has not issued the subsidy for enterprise that provides services, the enterprise shall propose the subsidy to cover a part of cost of provision of services according to actual operations of the enterprise.

b) Estimates and plans for assistance in using public telecommunications services:

- Estimates and plans for assistance in using mandatory telecommunications services:

...

...

...

- Estimates and plans for assistance in using land mobile telecommunications services for poor or near-poor households

- Estimates and plans for assistance in using fixed terrestrial broadband Internet access services for poor or near-poor households.

- Estimates and plans for assistance in using maritime mobile telecommunications services (via coastal communications station system)

- Estimates and plans for assistance in using fixed terrestrial broadband internet access services at early childhood education institutions, general education institutions, health stations of communes and broadband internet access stations for residential community.

If the Ministry of Information and Communications has not issued the subsidies for service users, the Ministry of Information and Communications will provide guidance on making the plans according to the provisional rate for relevant enterprises and agencies to make plans.

c) Estimates and plans for implementation of other tasks:

- Estimates and plans for dissemination of information about the Program; guidance on use of public telecommunications services.

- Estimates and plans for inspection and supervision of implementation of the Program

4. Forms of estimates and plans:

...

...

...

b) Reports on description of plans, estimates and accompanying documents.

5. Agencies and enterprises that make and propose plans and estimates:

a) The enterprises that provide public telecommunications services shall make plans and estimates for implementation of tasks of the Program under method of commissioning of the enterprises according to the Licenses to trade telecommunications services that have been granted in accordance with the law on telecommunications

b) Vietnam Public Utility Telecommunications Service Fund:

- Financial plan of Vietnam Public Utility Telecommunications Service Fund for assistance in implementing of the tasks of the Program.

- Estimates, plans and plans for selection of contractors that provide public telecommunications services for tasks that have been implemented under method of bidding.

- Implementation of other tasks assigned by the Ministry of Information and Communications in cooperation in the development and proposal for plans and cost estimates for implementation of the Program.

6. Deadline for report on the proposed plans and estimates:

Estimates and plans for implementation of the tasks of the Program shall be made by agencies, enterprises and organizations and sent to the Ministry of Information and Communications by the following deadlines:

...

...

...

b) Estimates and plans of the plan year: Before September 30 of the reporting year:. Estimates and plans in 2022: Within 30 days from the effective date of this Circular;

Article 37. Appraisal and approval for plans, estimates and methods of implementation of the tasks of the Program

The Ministry of Information and Communications assigns functional agencies to take charge and cooperate with relevant agencies in appraisal and submission to the Ministry of Information and Communications for approval:

1. Estimates, plans, subsidies for enterprises that provide public telecommunications services, assistance in using public telecommunications services, and methods of implementation and time:

a) Estimates and plans for the whole Program: Within 30 days from the date of receipt of complete applications reported by relevant agencies and organizations;

b) Annual estimates and plans: Within 15 days from the date of receipt of complete applications reported by relevant agencies and organizations.

2. The plans, estimates and plans for selection of contractors shall be appraised within 15 days from the date of receipt of complete application reported by relevant agencies and organizations.

Section 2. COMMISSIONING ENTERPRISES TO PRODIVE PUBLIC TELECOMMUNICATIONS SERVICES

Article 38. Conditions for commissioning

...

...

...

2. The enterprises that provide services shall have plans and estimates for implementation to request the Ministry of Information and Communications to consider and decide to commission.

3. The enterprises that provide services shall be assigned estimates for provision of public telecommunications services to implement the Program by the Ministry of Information and Communications

4. The public telecommunications services shall be services that have quality standards and prices issued by the Ministry of Information and Communications

5. The public telecommunications services shall be services that are eligible for subsidies according to regulations of the Ministry of Information and Communications

Article 39. Process of commissioning enterprises to provide public telecommunications services.

1. The process of commissioning enterprises that are eligible for assistance in providing public telecommunications services (according to regulations of Chapter III of this Circular) includes:

a) Commissioning enterprises to provide public telecommunications services in eligible areas: Comply with Clause 5 Article 10 of this Circular;

b) Commissioning enterprises to provide fixed terrestrial broadband internet access services in public internet access stations: Comply with regulations of Clause 6 Article 11 of this Circular;

c) Commissioning enterprises to provide data transmission services to connect information from the mainland to islands, island communes, island districts and offshore platforms: Comply with regulations of Clause 8 Article 12 of this Circular.

...

...

...

a) According to regulations of Clause 2 and Point b, Clause 3, Article 36 of this Circular and the actual operation, the enterprises shall make plans and estimates for implementation of tasks of the Program; and report to the Ministry of Information and Communications;

b) The Ministry of Information and Communications issues the decision on commissioning enterprises and assigns the cost estimate for implementation;

c) The enterprises shall develop the plans for prices of public telecommunications services;

d) The Ministry of Information and Communications appraises and decides the prices of public telecommunications services after collection of opinions of the Ministry of Finance; decides the subsidies for use of public telecommunications services;

dd) Vietnam Public Utility Telecommunications Service Fund shall sign contracts with telecommunications enterprises and carry out the contracts according to regulations.

Article 40. Contents of contracts for provision of public telecommunications services, assistance with smartphones and other tasks of the Program

1. Contents of a contract:

a) Name of service:

b) Quantity and volume of service products;

...

...

...

d) Scope of implementation, beneficiaries;

dd) Price, unit price and subsidies for use of public telecommunications services

e) Contract value;

g) Duration of implementation and completion;

h) Advance payment, payment;

i) Method of acceptance and completion of the contract;

k) Responsibility for periodic report on progress in execution of contract;

l) Rights and obligations of the commissioning party and the enterprise providing services;

m) Responsibilities of related parties

...

...

...

o) Other agreements of the parties.

2. Amendments to contract:

a) The contents of contract shall be amended in the following cases: 

- a) The State changes policies on provision of public telecommunications services, including changes to the list, quality, charges, entities, scope, scale of provision, subsidies for the provision and use of public telecommunications services.

- The contents of contract shall be amended according to capacity for implementation of the enterprise providing public telecommunications services and request of telecommunications enterprises.

b) The contract for provision of public telecommunications services shall be amended after the Ministry of Information and Communications issues the decision on adjustment in plans and estimates for provision of public telecommunications services.

3. According to the approval of the Ministry of Information and Communications for plans and estimates for commissioning enterprises to provide public telecommunications services, plans and estimates for assistance with smartphones for poor and near-poor households, Vietnam Public Utility Telecommunications Service Fund shall cooperate with telecommunications enterprises in signing contracts for commissioning enterprises according to the form specified in Appendix V issued together with this Circular; and monitor and inspection the implementation. .

4. Throughout the process of execution of the contract, in case of any problem that arises outside its competence, Vietnam Public Utility Telecommunications Service Fund shall report to the Ministry of Information and Communications for consideration and decision according to its competence.

5. The telecommunications enterprises shall execute and adhere to the contracts, and pay the costs that are not included in the Contract.

...

...

...

Article 41. Bidding for implementation of tasks of the Program

1. Enterprises and organizations participating in the bidding shall meet conditions and have capacity for production and provision of services as prescribed by law. With regard to production of goods and provision of services in the sectors that have been licensed by the state, the bidders must obtain Licenses as prescribed by law.

2. The bidding for selection of contractors for provision of products and services applies to tasks that have not had assistance norms or prices for products and services within the scope of the Program issued by the competent state agency or have already had norms and unit prices of products and services without registration of enterprises for implementation under method of commissioning.

3. The bidding for selection of contractors for provision of telecommunications services in eligible areas under the Program shall comply with the law on bidding for contract package for implementation of the project covered by state capital. The bidding for selection of contractors for provision of other services under the Program shall comply with the law on bidding for contract packages for procurement of goods and services covered by state capital.

4. According to regulations of the law on bidding, Vietnam Public Utility Telecommunications Service Fund shall develop a project, estimate and a plan for selection of contractors for provision of services and report to the Ministry of Information and Communications for implementation in accordance with regulations.

Article 42. Assigning plan for implementation of tasks of the program to telecommunications enterprises

1. If the Program's tasks cannot be implemented through commissioning or bidding, the Ministry of Information and Communications shall select a telecommunications enterprise to assign the plan for implementation.

2. The process of assigning the plan for provision of services shall comply with regulations on assigning tasks in production and provision of public services covered by the state budget specified in Decree No. 32/2019/ND-CP of the Government and regulations in Clauses 3, 4 and 5 of this Article.

3. Enterprises assigned the plan shall develop the detailed plan, cost estimate for provision of services and report to the Ministry of Information and Communications for consideration, approval and implementation according to the decision of the Ministry of Information and Communications.

...

...

...

4. According to the plan and estimate assigned by the Ministry of Information and Communications, Vietnam Public Utility Telecommunications Service Fund shall sign a contract to implement the plan with the enterprise and monitor the implementation according to regulations.

5. Enterprises assigned a plan by the Ministry of Information and Communications shall be responsible for implementation and report on progress in implementation according to Form No. 01/TH/VTCI, Appendix VIII issued with this Circular.

Section 4. ADVANCE PAYMENT, ACCEPTANCE, PAYMENT AND FINAL SETTLEMENT OF IMPLEMENTATION OF THE PROGRAM

Article 43. Advance payment and payment for funding for contract for provision of public telecommunications services and other tasks of the Program

1. Principles of advance payment and payment;

a) Enterprises and organizations shall be entitled to advance payment of contracts for provision of public telecommunications services on the basis of contracts signed with Vietnam Public Utility Telecommunications Service Fund

b) The advance payment for funding shall be consistent with the progress in execution of the contract. The advance payment shall be recovered after each payment period;

c) Ensure funding sources for enterprises to carry out the contract.

2. Advance payment period and advance payment for contracts for commissioning:

...

...

...

In case a contract has been executed for less than 6 months in the year, the odd numbered months shall be counted in the first or last advance payment or payment period according to the time to start contract for provision of services. The advance payment shall comply with regulations of this Clause.

When the next advance payment is made, Vietnam Public Utility Telecommunications Service Fund and telecommunications enterprises shall complete procedures for settlement of the previous advance payment The unused amount of the previous advance payment shall be transferred and deducted from the advance payment of the next period.

b) Contract for commissioning the enterprise to provide services in eligible areas: Once a year. The advance payment shall be equal to 50% of the value of contract in the year;

c) At the end of each year, after inspection, acceptance and payment, the remaining funding that has been advanced in the year shall be handled as follows:

- If the contract is unexpired, the remainder of advance funding shall be transferred and deducted from the advanced funding for the next period.

- If the contract has expired, the remaining funding shall be withdrawn to Vietnam Public Utility Telecommunications Service Fund within 07 days from the date in which the Vietnam Public Utility Telecommunications Service Fund and telecommunications enterprise finalizes the contract according to regulations of Clause 8, Article 44 of this Circular.

3. The advance payment for implementation of contract package of performance of tasks of the Program shall be made according to the result of bidding

4. The advance payment for performance of tasks of the Program under the plan assigned by the Ministry of Information and Communications shall follow decision on assignment of the plan of the Ministry of Information and Communications.

Article 44. Acceptance of volume and determination of the value of contracts for provision of public telecommunications services, completion of contracts for provision of public telecommunications services

...

...

...

a) With regard to assistance for users who use public telecommunications services: 6 months

If the period of contract is until the end of June or in the last 6 months of the year but it is less than 12 months, the acceptance under actual time shall be performed in the first period.

b) With regard to enterprises that provide public telecommunications services: every year

2. Report on the result of execution of contract of the enterprise:

a) Enterprises which execute contracts for provision of public telecommunications services shall make the list of the results of execution of contracts and request the Department of Information and Communications to confirm the beneficiaries of the Program in province before submission to Vietnam Public Utility Telecommunications Service Fund for acceptance, except for the contents specified at Point a, Clause 5 of this Article;

b) Enterprises shall send reports on execution of contracts to Vietnam Public Utility Telecommunications Service Fund for acceptance ever July 30 (for the first 6 months) and January 31 (for the entire year).

3. Confirmation of beneficiaries of the Program in province of Department of Information and Communications:

a) According to report of the enterprise, information and data relevant to beneficiaries of provision and use of universal telecommunications services in province, Department of Information and Communications shall inspect and confirm such beneficiaries in order to ensure right beneficiaries, no overlap among enterprises, send the result to the enterprise which provides services and Vietnam Public Utility Telecommunications Service Fund to serve as the basis for acceptance and payment.

During the process of certification, if necessary, Department of Information and Communications shall request relevant local agencies to cooperate in inspection and comparison to confirm the beneficiaries.

...

...

...

4. An acceptance dossier includes:

a) Contract for provision of public telecommunications services;

b) Report of the enterprise on the result of execution of contract, enclosed with the list of beneficiaries of public telecommunications services according to the form specified in Appendix II issued with this Circular, certified according to regulations of Clause 3 of this Article.

c) Invoice of the provider in case the enterprise uses outsourcing services.

5. Vietnam Public Utility Telecommunications Service Fund:

a) Advance payment, acceptance of the result of execution of contract for provision:

- Data transmission services to connect information from the mainland to islands, island communes, island districts and offshore platforms.

- Mandatory telecommunications services

- Funding for provision of subsidized smartphones for poor and near-poor households.

...

...

...

- Maritime mobile telecommunications services for fisherman

b) Acceptance of the result of execution of contract for provision of services of the enterprise on the basis of certification of the Department of Information and Communications and report on the result of execution of contract of the enterprise;

c) Time limit for acceptance: Vietnam Public Utility Telecommunications Service Fund shall complete acceptance of contents specified at Points a and b of this Clause within 30 days from the date of receipt of the complete application for acceptance from the enterprise;

d) The result of the acceptance shall be made in writing according to regulations of Appendix VI issued with this Circular.

6. Determination of the value of contracts for commissioning:

Grounds for determination of the value of contracts for commissioning:

a) Record of acceptance of the volume of services provided according to contract;

b) Decision on subsidies for provision of public telecommunications services issued by the Ministry of Information and Communications.

7. Bidding for provision of services: Conduct acceptance and determine the value of contract in accordance with the law on bidding.

...

...

...

Article 45. Payment and settlement of implementation of the Program

1. Rate of payment for funding in year:

a) With regard to contract for provision of services and assistance with use of public telecommunications services, Vietnam Public Utility Telecommunications Service Fund shall pay 95% value of the works that have been completed and commissioned in the year.  After the Ministry of Information and Communications has verified and approved the annual settlement, the remaining funding shall be paid to enterprises according to the result of the approval for financial settlement.

b) Payment procedures:

- Contract of organization or enterprise with Vietnam Public Utility Telecommunications Service Fund:

- Record of acceptance, determination of the value of contracts for provision of public telecommunications services that have been executed in the previous period (from the second period of advance payment).

- Value-added tax invoice of the enterprise issued to Vietnam Public Utility Telecommunications Service Fund under the guidance of the competent authority.

- Written request for advance payment and payment of the enterprise and other procedures according to regulations of  the contract.

c) Vietnam Public Utility Telecommunications Service Fund shall withdraw the advanced funding in case the enterprise fails to report the result of execution of contract after 03 months to carry out the acceptance according to regulations.

...

...

...

a) After the end of the calendar year, before March 01 of the following year, Vietnam Public Utility Telecommunications Service Fund shall complete procedures for reporting to the Ministry of Information and Communications for approval for settlement of the funding of implementation of the Program according to fiscal year;

b) Within 07 days from the date in which the Ministry of Information and Communications approves the report on financial settlement for the implementation of the Program in the previous year, Vietnam Public Utility Telecommunications Service Fund shall pay and handle the remaining funding that has been advanced to enterprises according to the approved settlement;

c) Documents and forms of financial settlement: According to the forms in Appendix VII issued with this Circular.

3. Overall financial settlement of the Program:

According to the annual settlement approved by the Ministry of Information and Communications, Vietnam Public Utility Telecommunications Service Fund shall summarize and make report on financial settlement of the Program according to the form in Appendix IX issued with this Circular; and report to the Ministry of Information and Communications for approval of the overall financial settlement of the implementation of the Program. Vietnam Public Utility Telecommunications Service Fund shall send the report on financial settlement to the Ministry of Information and Communications before May 30, 2026. 

Section 5. REPORT ON IMPLEMETATION OF THE PROGRAM, PRELIMINARY REVIEW AND FINAL SUMMARY OF THE PROGRAM

Article 46. Report on implementation of the Program

1. Telecommunications enterprises and Vietnam Public Utility Telecommunications Service Fund shall be responsible for making periodical or adhoc reports on the implementation of the Program upon the request of the Ministry of Information and Communications.

2. Every 6 months and annually, according to the result of the implementation of enterprises which have undergone acceptance, Vietnam Public Utility Telecommunications Service Fund shall make a report and send it to the Ministry of Information and Communications according to Form No. 02/TH/VTCI, Appendix VIII issued together with this Circular. The deadline for report is July 20^th (for 6-month report) and January 30^th (for annual report).

...

...

...

Section 47. Preliminary review and final summary of the Program

1. The Ministry of Information and Communications will organize a preliminary review of the implementation of the Program in the fourth quarter of 2023.

2. The Ministry of Information and Communications will organize a final summary of the implementation of the Program in the fourth quarter of 2025.

Chapter VII

IMPLEMENTATION

Article 48. Responsibilities of ministries, central and local authorities

1. The Ministry of Information and Communications is the leading agency of the Program. The Ministry of Information and Communications is responsible for guiding and implementing the Program in accordance with regulations of the law on telecommunications, performing tasks assigned by the Prime Minister and specific tasks according to regulations of this Circular. To be specific:

a) Decide the allocation to local authorities and notify the People's Committee of province of the number of smartphones subsidized from the Program;

b) Decide approval for plans, estimates and plans for selection of contractors to perform the Program's tasks, decide commissioning and assignment of plans for performance of the Program's tasks; approve the settlement of funding used from Vietnam Public Utility Telecommunications Service Fund;

...

...

...

d) Issue subsidies for enterprises that provide public telecommunications services and subsidies for users who use public telecommunications services

dd) Assign and direct agencies and units under the Ministry to advise the management and implementation of the Program and the regulations of this Circular in conformity with the functions and tasks of management; direct Vietnam Public Utility Telecommunications Service Fund to build and manage the database on management of the beneficiaries for management;

e) Take charge and cooperate with relevant agencies in inspection and monitoring of the implementation of the Program at local authorities and enterprises;

g) Solve problems arising throughout the implementation of the Program according to its competence.

2. Ministry of Labor; War Invalids and Social Affairs:

a) Cooperate and provide the Ministry of Information and Communications with the number of poor households, near-poor households and the number of beneficiaries of monthly allowances in local authorities according to the Ordinance on incentives for persons with meritorious services to the revolution in order to serve management of beneficiaries of terminal equipment and universal telecommunications services;

b) Cooperate, guide and direct Departments of Labor - Invalids and Social Affairs to cooperate with Departments of Information and Communications in advising the People's Committee of province to provide the Ministry of Information and Communications and telecommunications enterprises in province with the list of poor households and near-poor households according to the multi-dimensional poverty line for the period 2021-2025 and the list of the households that have got rid of poverty or near-poverty according to the results of periodic review and notification in order to serve the management and assistance for beneficiaries of universal telecommunications services;

c) Cooperate with the Ministry of Information and Communications in inspection and supervision of the implementation of the Program and integration of the implementation of the Program's contents related to the National Target Program on Sustainable Poverty Reduction for the 2021-2025 period.

3. The Ministry of Agriculture and Rural Development cooperates with the Ministry of Information and Communications in implementation of the contents of the Program related to the provision of mandatory telecommunications services for prevention and control of natural disasters and the National Target Program for Construction of new rural areas in the period of 2021 - 2025.

...

...

...

a) Cooperate and provide the Ministry of Information and Communications with the list of allocation of terminal equipment for learning of the students under the Program “Waves and computers for children”;

b) Cooperate and direct educational institutions under the scope of assistance of the Program to cooperate with enterprises that provide public telecommunications services in deployment and management of universalization of fixed terrestrial broadband Internet access services at these educational institutions.5. Ministry of Health: Cooperate and direct health stations of communes under the scope of assistance of the Program to cooperate with enterprises that provide public telecommunications services in deployment and management of universalization of fixed terrestrial broadband Internet access services for people at the health stations.

6. Committee of Ethnic Affairs: Cooperate with the Ministry of Information and Communications in direction and implementation of contents of the Program related to the scope (area) that receive assistance with public telecommunications services under state management of Committee of Ethnic Affairs and contents related to the implementation of the National Target Program on socio-economic development in ethnic minority- inhabited and mountainous areas for the period 2021-2030, phase 1: from 2021 to 2025.

7. The People’s Committees of provinces:

a) Provide the Ministry of Information and Communications with the list of poor households and near-poor households that have been recognized according to the multi-dimensional poverty line for the period 2021-2025, the list of households that have just got rid of poverty or near-poverty according to the result of annual review according to regulations to serve the management and implementation of the Program. The time of provision shall be same as the time in which the People's Committee of province periodically reports the result of the review of poor households and near-poor households to the Ministry of Labor, War Invalids and Social Affairs in accordance with applicable regulations;

b) Direct competent authorities to recognize poor households and near-poor households in the province in order to provide Department of Information and Communications with the list of poor households, near-poor households, households that have just got rid of poverty, and near-poverty after review in the year according to regulations;

c) Direct and assign Departments of Information and Communications to:

- Take charge and cooperate with telecommunications enterprises and the People's Committees of communes in province, in review of the current status of development of infrastructure and universalization of telecommunications services in province to report to the People's Committee of province to request the Ministry of Information and Communications to add and adjust areas in eligible areas.

- Cooperate with relevant agencies in province in provision of the list of poor households and near-poor households in province for telecommunications enterprises that provide universal telecommunications services in province after each review period according to regulations to promptly update information related to beneficiaries of universal telecommunications services.

...

...

...

- Inspect implementation of the policies on provision of public telecommunications services in the province.

d) Direct local competent agencies to provide Departments of Information and Communications with the list of changes in poor households and near-poor households according to the result of review as prescribed (if any) in the first month of every quarter.  Department of Information and Communications shall be responsible for provision of the list to enterprises that provide universal telecommunications services in provinces;

dd) Direct the competent authority in province to grant a Certificate or a certified true copy of the Certificate to poor households or near-poor households to receive assistance with public telecommunications services from the Program according to regulations;

e) Allocate local budgets for state management of telecommunications to ensure the funding sources for management and implementation of the Program in province in accordance with the Law on State Budget.

Article 49. Responsibilities of telecommunications enterprises

1. Provide public telecommunications services for the right beneficiaries with the quality, price of services and subsidy rates in accordance with regulations.

2. Propose plans, estimates, prices of public telecommunications services and subsidy rates for enterprises that provide public telecommunications services; cooperate in proposing subsidy rates for users who use public telecommunications services.

3. Implement and report in a full, prompt and accurate manner information and data on the implementation of the Program and take responsibility to the law for the reported data.

4. Enterprises that have been selected to provide terrestrial mobile telecommunications services in eligible areas in the form of bidding shall be responsible for sharing telecommunications infrastructure in accordance with regulations of relevant laws.

...

...

...

1. Fully and accurately provide necessary information with the right beneficiaries for relevant state agencies and enterprises that provide telecommunications services in case of request for assistance with public telecommunications services and take responsibility to the law for the provided information and documents.

2. The household that is beneficiary of universal telecommunications services only registers use of universal telecommunications service with an enterprise providing public telecommunications services in its permanent residence.

3. Manage and use terminal equipment that the Program assists in for the intended purposes; use public telecommunications services economically and efficiently.

Article 51. Transfer of tasks that have been performed from the beginning of 2022

1. The tasks in assistance in providing and using public telecommunications services from 2021, which have been transferred to be carried out from January 1, 2022 shall follow the policies within the scope of assistance of the Program under the guidance of the Ministry of Information and Communications until the end of December 2022. The assistance of the Program after December 2022 for all tasks shall comply with regulations of this Circular.

Telecommunications enterprises shall be responsible for review of subscribers who are using postpaid terrestrial mobile telecommunications services to ensure conditions for assistance and documents according to regulations of this Circular.

2. The plan and cost estimate for the implementation of the Program from January 1, 2022 onward shall be synthesized, paid and settled on the funding source for the implementation of this Program.

Article 52: Entry into force

1. This Circular comes into force as of December 12, 2022.

...

...

...

PP. MINISTER
 DEPUTY MINISTER



 
Pham Duc Long