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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
74/2006/QD-TTg
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Hanoi,
April 07, 2006
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DECISION
APPROVING THE PROGRAM ON THE PROVISION OF PUBLIC TELECOMMUNICATIONS
SERVICES TOWARD 2010
THE PRIME MINISTER
Pursuant to
the December 25, 2001 Law on Organization of the Government;
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government's Decree No. 160/ 2004/ND-CP of September 3, 2004,
detailing the implementation of a number of articles on telecommunications of
the Ordinance on Post and Telecommunications;
Pursuant to the Government's Decree No. 31/2005/ ND-CP of March 11, 2005, on
the production and supply of public products and services;
Pursuant to the Prime Minister's Decision No. 191/ 2004/QD-TTg of November 8,
2004, on the setting up, organization and operation of the Vietnam Public
Telecommunications Service Fund;
At the proposal of the Minister of Post and Telematics,
DECIDES:
Article 1-To
approve the program on the provision of public telecommunications services
toward 2010 with the following major contents:
I.
OBJECTIVES
1. Overall
objectives
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2. Specific
objectives
By 2010, to
ensure that:
- The telephone
density in areas provided with public telecommunications services shall be over
5 telephone sets/100 people;
- 100% of
communes nationwide shall have public telephone service access points;
- 70% of communes nationwide shall have
public Internet access points;
- Every person shall get free access to
mandatory telecommunications services.
II. TASKS
1. To support
telecommunications enterprises in developing telecommunications infrastructure
and public telecommunications service access points
a/ To support
investment in construction, improvement, upgrading and expansion of
infrastructure of telecommunications and Internet networks in areas provided
with public telecommunications services.
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2. To support
telecommunications enterprises in covering expenses for maintaining the
provision of public telecommunications services
a/ To support
telecommunications enterprises in covering expenses for maintaining the
provision of public telecommunications services in areas provided with such
services, aimed at:
- Assuring the enterprises' capability to
regularly provide universal and mandatory telecommuni-cations services in line
with the State's policy on public telecommunications services;
- Increasing subscription rates among
individuals and households living in areas provided with public
telecommunications services and among other particular subjects as stipulated
by the State; creating conditions for enhancing service accessibility and
usability.
b/ To support
the provision of mandatory telecommunications services nationwide
3. to support
the performance of other public tasks under the Prime Minister's decisions.
III. LIST OF
PUBLIC TELECOMMUNICATIONS SERVICES
Public
telecommunications services include universal services and mandatory services.
1. Universal
telecommunications services
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b/ Standard
Internet access services (their coverage and dialing mode, charge rates,
quality, etc. shall comply with regulations of the Ministry of Post and
Telematics).
2. Mandatory
services
a/ Emergency
call services: medical first aid, social order and security incidents, and fire
extinguishment.
b/
Telecommunications services in service of search and rescue, prevention and
fighting of natural calamities under regulations of competent authorities.
c/ Fixed
telephone number inquiries.
d/Telecommunications
services in service of urgent activities of the State under regulations of
competent authorities.
IV. SCOPE
AND SUBJECTS
1. Scope
Under the
program on the provision of public telecommunications services till 2010, these
services shall be provided to the following areas and subjects:
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Areas to be
provided with public-utility telecommunications services by 2010 shall be
district-or commune-level administrative units, identified according to
administrative boundaries and the following criteria:
- A district to
be provided with public-utility telecommunications services shall be the one
that, at a specified time, has a fixed telephone density of under 2.5 sets/100
people.
- Communes to
be provided with public telecommunications services shall be those which:
+ Lie in
districts provided with public telecommunications services;
+ Meet with
extremely difficult socio-economic conditions as stipulated by the Prime
Minister and lie outside districts provided with public telecommunications
services.
b/ As for
communes outside areas provided with public telecommunications services which
have no public telephone and Internet access points, the Program will provide
them with investment supports for development of public access points with a
view to universalizing these services nationwide.
c/ Supports
shall be granted to make mandatory telecommunications services available
nationwide.
2. Subjects to
be provided with public telecommunications services
Subjects to be
provided with public telecommunications services are defined in Clause 2,
Article 5 of the Prime Minister's Decision No. 191/ 2004/QD-TTg of November 8,
2004, on the setting up, organization and operation of Vietnam public-utility
telecommunications service fund.
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1. Fund for
execution of the Program is estimated at around VND 5,200 billion, from the
following sources:
a/ Vietnam
Public Telecommunications Service Fund: VND 5,100 billion.
b/ Other
sources of ministries, branches and localities: VND 100 billion.
2. Contents of
financial supports for execution of the program:
a/ Supports
from the Vietnam Public Telecommunications Service Fund shall be granted
according to the provisions of Clause 1, Article 7 of the Prime Minister's
Decision No. 191/2004/QD-TTg of November 8, 2004, on the setting up,
organization and operation of this fund.
b/ Expenditures
of ministries, branches and localities shall be made in accordance with current
provisions of law.
VI.
SOLUTIONS AND MANAGEMENT MECHANISM
1. To identify
and publicize areas to be provided with public telecommunications services;
determine the order of priority for area- or region-based provision of such
services; prioritize the development of public telecommunications service
access points for every citizen to have access to public telecommunications
services.
2. To manage
plans and projects on the provision of public telecommunications services
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b/ Plans and
projects on the provision of public telecommunications services shall be executed
according to the State's bidding regulations, under the State's orders for the
supply of public products and services, and under the guidance of competent
state authorities.
3. To manage
the Program's investment and finance The management of the Program's investment
and finance involving the use of the state capital shall comply with the
State's regulations on investment and construction management; on financial
management of the supply of public products and services. The State shall
specify modes and levels of support; allocation and payment mechanisms for the
provision of public telecommunications services under the State-assigned plans
or the State's orders; allocation and payment modes applicable to projects or
the provision of public telecommunications services through bidding.
4. To control
quality and charge rates of public telecommunications services
The State shall
provide quality standards and charge rates applicable to public
telecommunications services. Enterprises providing public telecommunications
services may select technologies and techniques for the provision of services
but shall meet service quality requirements and apply charge rates set by the
State for such services.
5. To combine
and integrate the Program on the provision of public telecommunications
services with other target programs of the State. The Program-managing and -
administering agency shall have to coordinate with ministries, branches and
localities in carrying out activities related to these programs so as to
combine the objectives of the provision of public telecommunications services
and raise their feasibility.
6. To implement
the reporting regime, and supervise, inspect and evaluate the implementation
of the Program
The State shall
provide the regime of reporting on; supervise and inspect the provision of
public telecommunications services as well as the mobilization and use of
resources invested by the State in the Program
Annually, the
Program-managing and -administering agency shall sum up and report to the Prime
Minister on the implementation of the Program.
7. To encourage
organizations and individuals to participate in the setting up and supply of
public telephone and Internet service access points. Enterprises providing
public telecommunications services shall have to build and develop network
infrastructure for public service access points.
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Article 2.- Organization
of the Program
1. The Ministry
of Post and Telematics is the agency managing and administering the Program,
tasked to:
a/ Identify and
publicize lists of areas and subjects to be provided with public
telecommunications services, suitable to each period.
b/ Elaborate,
approve, manage and direct the implementation of annual plans on the provision
of public telecommunications services; define the size of public
telecommunication service access points and coordinate with relevant
ministries, branches and localities in guiding the establishment and management
thereof.
c/ Set quality
standards for public telecommunications services as well as their charge rates
according to its competence.
d/ Provide
modes of support, approve levels of support for the performance of the
Program's specific tasks in accordance with the provisions of law.
e/ Direct the
Vietnam Public Telecommunications Service Fund in providing financial supports
for the Program's implementation.
f/ Stipulate a
regime of reporting on activities of the Program and coordinate with concerned
ministries and branches in inspecting, supervising, evaluating and reviewing
the results of implementation of the Program before reporting them to the Prime
Minister.
g/ Supply
information on policies; programs, plans and projects on the provision of
public telecommunications services in accordance with the provisions of law.
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2. The Ministry
of Finance:
- To assume the
prime responsibility for, and coordinate with the Ministry of Post and
Telematics in, guiding the financial management mechanism for implementation of
the Program; supervise and inspect the implementation of financial management
regulations in implementation of the Program;
- To guide the
value-added tax exemption for public telecommunications services in accordance
with the provisions of law;
- To coordinate
with the Ministry of Post and Telematics in setting charge rates for public
telecommunications services.
3. The Ministry
of Planning and Investment
To coordinate
with the Ministry of Post and Telematics in guiding the elaboration and
managing the implementation of annual plans on the provision of public
telecommunications services; sum up reports on the provision of public
telecommunications services in the Government's relevant reports on the
achievement of annual and five-year socio-economic targets.
4. Relevant
ministries and branches
- To coordinate
with the Ministry of Post and Telematics and telecommunications enterprises in
guiding and supporting the establishment of public telecommunication service
access points and the maintenance of their activities at their attached units
according to the Ministry's annual plans on the provision of public
telecommunications services.
- To adopt
plans on information contents on the Internet, aimed at disseminating and
propagating legal and professional knowledge within their management scope;
prioritize the State-allocated funds for such activities.
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- To coordinate
with and make suggestions to the Ministry of Post and Telematics in elaborating
plans on the provision of public telecommunications services in their
localities;
- To manage and
carry out specific activities of the Program under the guidance of the Ministry
of Post and Telematics; inspect and handle violations in the provision of
public telecommunications services in localities.
- To arrange
funding in support of the Program's implementation which falls under the
responsibilities and competence of local authorities.
6.
Telecommunications enterprises
- To have equal
access to information and bidding for implementation of the State's plans and
projects on the provision of public telecommunications services; implement
plans and projects on the provision of public telecommunications services under
orders placed by the Ministry of Post and Telematics;
- To abide by
the State's regulations on the provision of public telecommunications services;
- To use
properly and efficiently the State-allocated capital for the implementation of
the State's plans and projects on the provision of public telecommunications
services.
Article 3.-This
Decision takes effect 15 days after its publication in "CONG BAO."
Article 4.- Ministers,
heads of ministerial-level agencies, heads of Government-attached agencies and
presidents of People's Committees of provinces and centrally-run cities shall
have to implement this Decision.
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PRIME
MINISTER
Phan Van Khai