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THE MINISTRY OF
INFORMATION AND COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 13/2016/TT-BTTTT
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Hanoi, May
25, 2016
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CIRCULAR
REGULATIONS ON
INCOMING INTERNATIONAL CALL CHARGES
Pursuant to the Law on telecommunication dated
November 23, 2009;
Pursuant to the Law on Pricing dated June 20,
2012;
Pursuant to the Government's Decree No.
25/2011/NĐ-CP dated April 06, 2011 providing instructions on the implementation
of a number of articles of the Law on telecommunication;
Pursuant to the
Government’s Decree No. 132/2013/NĐ-CP dated October 16, 2013 defining
the functions, tasks, entitlements and organizational structure of the Ministry
of Information and Communications;
At the request of the Director of the Vietnam Telecommunications Authority,
The Minister of Information and Communications
promulgates the Circular providing for incoming international call charges.
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This Circular provides for incoming international
call charges paid to fixed public telecommunications network (herein ‘fixed
telecommunication network’) or to mobile telecommunications network (herein
‘mobile network’) by fixed telecommunications network or mobile network
subscribers.
Article 2. Regulated entities
This Circular applies to:
1. Telecommunications
regulatory agencies;
2. Telecommunication
enterprises
Article 3. Interpretation of terms
In this Circular, some terms are construed as
follows:
1. Amount of incoming
international calls (herein ‘amount’) means total amount of incoming
international calls connected to subscribers of fixed telecommunications
network or mobile network in Vietnam.
2. Normal average rate for
incoming international calls refers to an average rate of the rates charged for
incoming international calls as negotiated and signed with foreign partners by
Vietnamese telecommunication enterprises over periods.
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1. Enterprises transferring amount
of incoming international calls shall pay VND 1,100/minute to fixed or mobile
network connected to subscribers. Such charge is not subject to value-added
tax.
2. Such charges as prescribed
in Clause 1 include charges paid to enterprises for indirect connection via
trunk network.
Article 5. Responsibility of Vietnam Telecommunications Authority
Based on the enterprises’ business performance of
incoming international call service, Vietnam Telecommunications Authority shall
make public announcement of normal average rate of incoming international calls
and extremely low reduction in
international call charges over periods.
Article 6. Rights and obligations of
telecommunication enterprises
1. Amount-related issues:
Have the right to conduct negotiation with foreign
partners on incoming international calls; A contract signed with foreign
partners should be binding to guarantee the amount as committed.
b) Based the agreement signed with foreign
partners, the enterprises may sign an agreement with other subscription
enterprises (enterprises that have subscribers) to open channels according to
monthly and annual amount plan;
c) Subscription enterprises shall be obliged not to
limit transfer of amount and, at the same time, take measures to bind
non-subscription enterprises (enterprises doing business in incoming
international calls) to obligations for payment of charges, committed amount,
illegal service business prevention and combat; ensure fairness among
subscription enterprises, subscription enterprises and non-subscription
enterprises, and among non-subscription enterprises.
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Upon modifying incoming international call charges,
enterprises should make notification to Vietnam Telecommunications Authority
after three days at the latest since new charges take effect;
b) Telecommunication enterprises, based on Vietnam
Telecommunications Authority’s public announcement of normal average rate of
incoming international calls, extremely low reduction in incoming
international call charges over periods, charges as prescribed in Clause 1,
Article 4 hereof, shall carry out negotiations with foreign partners on
incoming international call charges to ensure benefits to Vietnam.
3. Connection and
payment-related issues:
Telecommunication enterprises shall be obliged to
carry out interconnection request as agreed in the interconnection agreement,
provisions on interconnection as laid out in the Minister of Information and
Communications ‘Circular No. 07/2015/TT-BTTTT and the contract signed with
foreign partners for incoming international calls;
b) Telecommunication enterprises shall make
adequate and timely payment for all interconnection charges and other expenses
as prescribed or the agreement between enterprises in the area of incoming
international call service.
4. Regarding coordination in
the tasks of combating illegal incoming international call service business,
relevant enterprises shall be responsible to:
Engage in signing and complying strictly with the
agreement for coordination in combating international call charge fraud;
b) Reinforce cooperation with other enterprises and
competent agencies in preventing and combating illegal incoming international
call service business.
Article 7. Effect
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Article 8. Implementation
1. Chief officers, director of
the Vietnam Telecommunications Authority, heads of agencies, units affiliated
to ministries, general directors, directors, telecommunication enterprises and
relevant organizations and agencies shall be responsible for executing this
Circular.
2. Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
of Information and Communications (Vietnam Telecommunications Authority) for
consideration and handling./.
MINISTER
Trung Minh Tuan