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THE MINISTRY OF
INFORMATION AND COMMUNICATIONS OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
08/2024/TT-BTTTT
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Hanoi, July 10,
2024
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CIRCULAR
ELABORATING
REGULATIONS ON TELECOMMUNICATIONS WHOLESALING
Pursuant to Law on Telecommunications dated
November 24, 2023;
Pursuant to Law on Prices dated June 19, 2023;
Pursuant to Decree No. 48/2022/ND-CP dated July
26, 2022 of the Government on functions, tasks, powers, and organizational
structure of the Ministry of Information and Communications;
At the request of Director General of Department
of Telecommunications;
The Minister of Information and Communications
issues a Circular elaborating regulations on telecommunications wholesaling.
Article 1. Scope
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2. The following services do not fall under the
scope of this Circular:
a) Leasing cable networks in buildings and passive
telecommunications technical infrastructure;
b) Basic telecommunications services on the
Internet;
c) Data center services, cloud computing services.
Article 2. Regulated entities
This Circular applies to:
1. State regulatory agency involved in
telecommunications wholesaling.
2. Telecommunications enterprises that directly or
indirectly participate in wholesaling.
Article 3. Term interpretation
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1. Wholesaler means telecommunications enterprises
engaging in wholesale in accordance with clause 1 of Article 16 of Law on
telecommunications.
2. Wholesale buyer means enterprises renting, using
all or part of a telecommunications network, purchasing bandwidth, services
from the wholesaler to provide telecommunications services.
3. Wholesale service agreement means an economic
and technical agreement between telecommunications enterprises engaging in
wholesaling.
Article 4. Telecommunications wholesaling
1. Ensuring the service provision at fair and
reasonable prices and relevant conditions without discrimination as follows:
a) Providing prices and relevant terms and
conditions in a fair, reasonable and non-discriminatory manner.
b) No discrimination between independent accounting
units within the enterprise, subsidiary companies of the enterprise, business
partners of the enterprise, and other wholesale buyers.
c) The selling prices, service terms, and
conditions must be reasonably established based on factors: Service provision
costs; Quantity, quality, scope, method, time, location of services provided;
Payment terms, duration of service package as stipulated in the contract;
Exclusive factors, technology, customer segments.
2. Giving information on prices, telecommunications
technical standards, network quality, telecommunications services as follows:
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b) Giving information on telecommunications
technical standards, network quality, telecommunications services, as well as
specific terms and conditions for providing and using services.
c) Giving information on the model of service
agreement when participating in telecommunications wholesaling (hereinafter
referred to as the “model agreement") as stipulated in Articles 5 and 6 of
this Circular.
Article 5. Public disclosure of the model
agreement
1. Within a 30-day period from the date of signing
the wholesale service agreement with the wholesaler for telecommunications
service under the List of telecommunications service markets under management
of the State, the wholesaler, who is a telecommunications enterprise with a
dominant position, must develop and publicly disclose the model agreement.
2. Non-dominant telecommunications enterprise may
independently develop their model agreement following regulations of Article 4
of this Circular.
If the non-dominant telecommunications enterprise
fails to reach a wholesale service agreement with a wholesaler, the enterprise
shall developed the model agreement and publicly disclosing the agreement
content as specified in clause 1 of this Article.
3. The model agreement must include the contents
specified in clause 2 of Article 6 of this Circular.
4. The wholesale enterprise must re-disclose the
model agreement in accordance with clauses 1, 2, and 3 of this Article upon
making any amendments to the model agreement.
Article 6. Contents of the wholesale service
agreement
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a) Be documented, including all details about
price, service quality standards, and other terms and conditions that the
wholesaler is willing to provide.
b) Be written clearly, consistently, and
specifically in accordance with the corresponding service names to ensure that
the wholesale buyer will only purchase wholesale services under List of
telecommunications service markets under management of the State.
2. The wholesale service agreement must include:
a) Requirement and rules for service provision;
b) Procedures and documentation for service
provision;
c) Description of the services, including technical
specifications (network configuration information when necessary for effective
network access).
d) Service quality standards, including minimum
service quality indicators that have been publicly announced.
dd) Operational and technical requirements that the
wholesale buyer must adhere to in order to avoid causing harm to the network of
the wholesaler;
e) Details about telecommunications connection as
per the regulations of the Ministry of Information and Communications (in the
case of network leasing).
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h) Form of payment of service charges.
i) Implementation process upon changing (adding,
cutting down) services;
k) Infrastructure safety and information security
solutions;
j) Regulations on information security and data
privacy rights used in the provision and use of services.
m) Other rights and obligations of the wholesale
buyer/wholesaler (if any);
n) Regulations on termination of Agreement,
compensation for damages in case either party fails to fulfill commitments in
the agreement.
o) Resolution of disputes, compensations,
complaints;
p) Contact information.
3. The wholesaler shall send a written document to
the Ministry of Information and Communications (Department of
Telecommunications) if they need specific guidance on the contents of the
wholesale service agreement.
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1. This Circular comes into force from August 23,
2024.
2. Chief of Office, Director of Department of
Telecommunications, Heads of agencies and units affiliated to the Ministries;
Chairmen, General Directors, Directors of telecommunications enterprises, and
relevant agencies, organizations and individuals are responsible for
implementing this Circular.
3. Any problems that arise during implementation
process should be report the Ministry of Information and Communications
(Department of Telecommunications) for review and resolution./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Huy Dung