THE MINISTRY
OF INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
14/2012/TT-BTTTT
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Hanoi, October
12, 2012
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CIRCULAR
PRESCRIBING
CHARGE RATES FOR THE TERRESTRIAL MOBILE COMMUNICATION SERVICE
Pursuant to the November 23, 2009 Law on
Telecommunications; Pursuant to the June 20, 2012 Law on Price;
Pursuant to the Government’s Decree No.
187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and
organizational structure of the Ministry of Information and Communications; and
the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, amending and
supplementing a number of articles of Decree No. 187/2007/ND-CP of December 25,
2007;
Pursuant to the Government’s Decree No.
25/2011/ND-CP of April 6, 2011, detailing and guiding a number of articles of
the Law on Telecommunications;
At the proposal of the director of the
Authority of Telecommunications; The Minister of Information and Communications
promulgates this Circular to prescribe charge rates for the terrestrial mobile
communication service,
Article 1. Scope of regulation
This Circular prescribes charge rates for the
terrestrial mobile communication service (below referred to as mobile communication
service) and the management of telecommunications commodities exclusively used
in the mobile telecommunications service (below referred to as special-use
mobile communication commodities) aiming to ensure sustainable development of
the mobile communication service and effective use of telecommunications
resources.
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1. State management agencies in charge of
telecommunications.
2. Telecommunications businesses licensed to
provide mobile communication services by the Ministry of Information and
Communications (below referred to as mobile communication businesses).
3. Agents signing contracts with mobile
communication businesses to distribute subscriber SIMs and payment cards (below
referred to as distribution agents), and organizations and individuals signing
contracts with distribution agents to sell subscriber SIMs and payment cards to
customers.
4. Mobile communication service users (below
referred to as service users).
Article 3. Interpretation of terms
In this Circular, the terms and phrases below
are construed as follows:
1. Special-use mobile communication commodities
include:
a/ Subscriber identity module (below referred to
as SIM) means a device used to bear the subscriber number and store data and
other related information for the provision and use of the mobile communication
service. SIMs include:
- Blank SIM which is the one bearing no
subscriber number.
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b/ Mobile communication service payment card
(below referred to as payment card) means a card topped up with an amount of
money for payment of charge rates when using the mobile communication service.
The par value of a payment card is equal to its top-up amount.
2. Telecommunications connection means a
physical and logical link of telecommunications networks to enable users of a
network access to those of another network and vice versa. Telecommunications
connection covers:
a/ Connection of service users with a telecommunications
network (below referred to as network connection) is the connection of terminal
devices of subscribers with identified telecommunications resources (frequency,
subscriber numbers, domain name, Internet address and other resources) with telecommunications
network and with the telecommunications business’ system of devices (subscriber
activation) on the basis of contracts signed between such telecommunications
business and service users.
b/ Connection of telecommunications networks
means the connection of telecommunications networks at any technically feasible
point on telecommunications networks according to standards, quality and charge
rates issued by the Ministry of Information and Communications on the basis of
connection agreements between two or among various telecommunications
organizations and businesses.
3. Mobile communication service charge rates are
determined on the basis of the cost, market supply and demand and regional and
international charge rates, comprising:
a/ Network connection charge rate means an
amount of money payable by service users pay to mobile communication businesses
upon contract signing in order to be connected to telecommunications networks.
The unit of calculation is Vietnam dong (VND)/subscriber number.
b/ Subscription charge rate means an amount of
money payable by service users to mobile communication businesses in order to
use the latter’s mobile communication service within unit of time. The unit of
calculation is VND/day, VND/month or VND/year.
c/ Communication charge rate means an amount of
money payable by service users to mobile communication businesses in order to
send and receive information (telex, data and image) via the latter’s
telecommunications networks. The unit of calculation is VND/(minute, second) or
VND/(Byte, Kbyte, Mbyte) or VND/(call, file, message, other units).
4. Price of subscriber SIM means an amount of
money payable by service users to mobile telecommunications businesses in order
to possess a subscriber SIM. The price of a subscriber SIM comprises the
network connection charge rate and the price for the blank SIM. (For example:
the network connection charge rate for the postpaid service is VND 35,000, the
price of the blank SIM is VND 15,000, the price of a post-paid subscriber SIM
will be VND 50,000).
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1. The network connection charge rates are set
at VND 35,000/post-paid subscriber number and VND 25,000/prepaid subscriber
number. The network connection charge rates provided in this Clause may not be
increased, decreased or promoted.
2. The network connection charge rates shall be
paid once right after customers sign contracts to use the postpaid mobile
communication service or buy prepaid subscriber SIMs.
3. Network connection is implemented only after
a service user completes:
a/ Signing a contract and paying the subscriber
SIM, for the postpaid mobile communication service.
b/ Buying a subscriber SIM, registering
subscriber information and topping up money from the payment card to the
account of the subscriber SIM, for the prepaid mobile communication service.
4. The subscription charge rates (if any) and
communication charge rates shall be issued by mobile communication businesses
and comply with regulations on management of telecommunications service charge
rates issued by the Ministry of Information and Communications.
Article 5. Management of special-use mobile
communication commodities
1. The price of subscriber SIMs applicable to
service users shall be issued by mobile communication businesses and comply
with regulations on management of telecommunications service charge rates set
by the Ministry of Information and Communications. Mobile communication
businesses, distribution agents, and organizations and individuals selling
subscriber SIMs shall post up prices and sell subscriber SIMs to service users
at the prices set by mobile communication businesses.
2. A mobile communication business may not:
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b/ Top up into accounts of all subscriber SIMs
in market circulation or are not yet connected to the network.
3. Only mobile communication businesses may
distribute mobile communication payment cards. Mobile communication businesses
shall:
a/ Notify the Ministry of Information and
Communications of types of cards and their par values upon distributing payment
cards.
b/ Examine and supervise distribution agents in
selling subscriber SIMs and payment cards to organizations, individuals and
service users under regulations.
Article 6. Provisions of implementation
1. This Circular takes effect on January 1,
2013.
2. The chief of the Office, the director of the
Authority of Telecommunications, heads of agencies and units of the Ministry,
directors of provincial-level Departments of Information and Communications,
directors general and directors of telecommunications businesses, and related
organizations and individuals shall implement this Circular.
3. Any problems arising in the course of
implementation should be reported to the Ministry of Information and
Communications for consideration and settlement.-
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MINISTER OF
INFORMATION AND COMMUNICATIONS
Nguyen Bac Son