CIRCULAR

Regulations on the list, beneficiaries, scope, quality,

maximum service charges for public telecommunications services and support levels

for providing public telecommunications services until 2020

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, issued by the Government, on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications; Decree No. 81/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications and Decree No. 49/2017/NĐ-CP dated April 24, 2017 of the Government amending and supplementing Article 15 of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the fields of postal services, telecommunications, information technology, and radio frequency;

Pursuant to Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices and Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain provisions of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;

Implementing Decision No. 1168/QĐ-TTg dated July 24, 2015 of the Prime Minister approving the Program for Providing Public Telecommunications Services until 2020 and Decision No. 868/QĐ-TTg dated July 16, 2018 of the Prime Minister amending and supplementing Decision No. 1168/QĐ-TTg dated July 24, 2015 of the Prime Minister approving the Program for Providing Public Telecommunications Services until 2020;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications promulgates this Circular regulating the list, beneficiaries, scope, quality, maximum service charges for public telecommunications services and support levels for providing public telecommunications services until 2020.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the list of public telecommunications services, beneficiaries, scope, quality, maximum service charges for public telecommunications services and support levels for providing public telecommunications services until 2020.

Article 2. Applicability

This Circular applies to enterprises, organizations, individuals providing and using public telecommunications services and relevant agencies, organizations, and individuals involved in managing the provision and use of public telecommunications services in Vietnam.

Chapter II

LIST OF PUBLIC TELECOMMUNICATIONS SERVICES

Article 3. List of mandatory public telecommunications services

Mandatory public telecommunications services include:

1. Emergency public telecommunications services (services calling emergency numbers, including the police emergency number 113, fire emergency number 114, medical emergency number 115).

2. Mobile maritime public telecommunications services serving search and rescue operations at sea through coastal radio stations.

3. Satellite public telecommunications services serving command and control activities in disaster prevention and response.

Article 4. List of universal public telecommunications services

Universal public telecommunications services include:

1. Telecommunications public service for assistance in searching telephone numbers (service calling to the number for assistance in searching fixed-line telephone numbers through the ground-based telecommunications network 116).

2. Postpaid fixed-ground telecommunications public service.

3. Postpaid mobile terrestrial telecommunications public service.

4. Mobile maritime telecommunications public service for fishing vessels on the sea through the coastal radio station system.

5. Postpaid broadband fixed Internet access telecommunications public service.

6. Fixed-ground dedicated telecommunications public service channel.

7. Telecommunications public service for digital television signal transmission via the VINASAT satellite.

8. Telecommunications public service for leasing optical cable transmission channels based on the optical cable infrastructure of the Vietnam Electricity Group.

9. Telecommunications public service for digital Viba signal transmission to provide broadband services for island districts.

10. Telecommunications public service for leasing satellite transmission channels to provide broadband services for island districts.

Chapter III

OBJECTS OF BENEFIT, SCOPE, MAXIMUM PUBLIC SERVICE RATES AND LEVEL OF SUPPORT FOR PROVIDING COMPULSORY PUBLIC TELECOMMUNICATIONS SERVICES

Article 5. Emergency telecommunications public service

1. The objects entitled to emergency telecommunications public service rates include:

a) Users of ground-based fixed-line telephone services calling emergency numbers;

b) Users of ground-based mobile information services calling emergency numbers.

2. The objects entitled to support levels for providing emergency telecommunications public services include:

a) Telecommunications enterprises providing ground-based fixed-line intra-city telephone services calling emergency numbers;

b) Telecommunications enterprises providing ground-based mobile information services calling emergency numbers.

3. The rate for emergency telecommunications public services applicable to the objects mentioned in Clause 1 of this Article is 0 dong per minute.

4. The level of support for telecommunications enterprises providing ground-based fixed-line intra-city telephone services initiating calls to emergency numbers is 200 dong per minute (two hundred dong per minute). Support time is rounded off to the nearest minute for each call.

5. The level of support for telecommunications enterprises providing ground-based mobile information services initiating calls to emergency numbers equals the connection fee (excluding value-added tax) as prescribed by law at the time the call is made. Support time is rounded off to the nearest minute for each call.

Article 6. Mobile maritime telecommunications public service through the coastal radio station system serving search and rescue operations at sea 1. The objects entitled to mobile maritime telecommunications public service rates through the coastal radio station system serving search and rescue operations at sea are Vietnamese fishermen on fishing vessels operating within Vietnam's territorial waters who use such services.

2. The objects entitled to support levels for providing mobile maritime telecommunications public services through the coastal radio station system for search and rescue operations are telecommunications enterprises providing services to the beneficiaries mentioned in Clause 1 of this Article.

3. The rate for mobile maritime telecommunications public services through the coastal radio station system serving search and rescue operations applicable to the objects mentioned in Clause 1 of this Article is 0 dong per minute.

4. The level of support for enterprises mentioned in Clause 2 of this Article is 6,500 dong per minute (six thousand five hundred dong per minute). Support time is rounded off to the nearest minute for each event. The total supported search and rescue operation time in a year does not exceed 20,000 (twenty thousand) hours.

4. The level of support for enterprises under Clause 2 of this Article is 6,500 VND per minute (six thousand five hundred VND per minute). The time for calculating support shall be rounded to the nearest minute for each event. The total operating time for search and rescue activities in a year that will be supported shall not exceed 20,000 (twenty thousand) hours.

Article 7. Public Telecommunication Services via Satellite for Command and Control Activities in Disaster Prevention and Response

1. The subjects entitled to the service fee for public telecommunication services via satellite for command and control activities in disaster prevention and response are members of the Central Steering Committee for Disaster Prevention and Response who use such public telecommunication services via satellite for command and control activities in disaster prevention and response.

2. The subjects entitled to support levels for providing public telecommunication services via satellite for command and control activities in disaster prevention and response are telecommunications enterprises providing services to the subjects mentioned in Clause 1 of this Article.

3. The service fee for public telecommunication services via satellite for command and control activities in disaster prevention and response applicable to the subjects mentioned in Clause 1 of this Article is 0 dong/unit of use.

4. The support level for telecommunications enterprises mentioned in Clause 2 of this Article is defined as follows:

a) The support level for enterprises providing satellite C-band channel leasing services VINASAT is 36,450,000 dong/MHz/month (thirty-six million four hundred fifty thousand dong for one Megahertz per month).

b) The support level for enterprises providing VSAT-IP telecommunication services includes the support level for subscription fees at 27,000 dong/subscriber/month (twenty-seven thousand dong per subscriber per month) and the support level for call and fax service fees at 1,744 dong/minute (one thousand seven hundred forty-four dong per minute).

c) The support level for enterprises providing Internet access services with a speed of 3,072/384 kbps from VSAT-IP stations is 53,000 dong/day (fifty-three thousand dong per day).

d) The support level for enterprises providing dedicated IP channel services, virtual private network (VPN) setup services using two-way symmetrical channels from VSAT-IP stations is as follows:

e) The support level for enterprises providing Inmarsat satellite telecommunication services is as follows:

Chapter IV

BENEFICIARIES, SCOPE, MAXIMUM PUBLIC SERVICE FEES AND SUPPORT LEVELS FOR PROVIDING TELECOMMUNICATION SERVICES

 WIDESPREAD PUBLIC SERVICES

Article 8. Public Telecommunication Services for Assistance in Fixed Landline Telephone Number Lookup

1. The subjects entitled to the service fee for public telecommunication services for assistance in fixed landline telephone number lookup are users of intra-zone fixed landline telephone services calling the number for assistance in fixed landline telephone number lookup.

2. The subjects entitled to support levels for providing public telecommunication services for assistance in fixed landline telephone number lookup are telecommunications enterprises providing their own fixed landline telephone number lookup assistance services.

3. The service fee for public telecommunication services for assistance in fixed landline telephone number lookup applicable to the subjects mentioned in Clause 1 of this Article is 0 dong/minute.

4. The support level for telecommunications enterprises mentioned in Clause 2 of this Article to provide public telecommunication services for assistance in fixed landline telephone number lookup to the subjects mentioned in Clause 1 of this Article is 1,500 dong/minute (one thousand five hundred dong per minute). The support calculation time is rounded off to the nearest minute for each communication.

Article 9. Postpaid landline public telecommunications service

1. The subjects entitled to the tariff for postpaid landline public telecommunications service must meet the following conditions:

a) Being a poor household or near-poor household according to the national poverty standard;

b) Registering to use the postpaid landline public telecommunications service;

c) Not having registered to receive support or having registered to cease receiving support for the postpaid mobile public telecommunications service;

d) Each poor household or near-poor household can only enjoy support for using the postpaid landline public telecommunications service associated with one landline subscriber number of only one telecommunications business.

2. The subjects entitled to the level of support provided for the postpaid landline public telecommunications service are telecommunications businesses providing services to poor households and near-poor households as stipulated in Clause 1 of this Article.

3. The package tariff for the postpaid landline public telecommunications service for the subjects mentioned in Clause 1 of this Article is 0 VND/month/subscriber.

4. The level of support for telecommunications businesses mentioned in Clause 2 of this Article to provide the postpaid landline public telecommunications service for the subjects mentioned in Clause 1 of this Article is 20,000 VND/month/subscriber (twenty thousand VND per month per subscriber).

Article 10. Postpaid mobile public telecommunications service

1. The subjects entitled to the tariff for the postpaid mobile public telecommunications service must meet the following conditions:

a) Being a poor household or near-poor household according to the national poverty standard;

b) Registering to use the postpaid mobile public telecommunications service;

c) Not having registered to receive or having registered to cease receiving support for the postpaid landline public telecommunications service;

d) Each poor household or near-poor household can only enjoy support for using the postpaid mobile public telecommunications service associated with one mobile subscriber number of only one telecommunications business.

2. The subjects entitled to the level of support provided for the postpaid mobile public telecommunications service are telecommunications businesses providing public telecommunications services to poor households and near-poor households as stipulated in Clause 1 of this Article.

3. The package tariff for the postpaid mobile public telecommunications service for the subjects mentioned in Clause 1 of this Article is 0 VND/month/subscriber.

4. The maximum level of support for telecommunications businesses mentioned in Clause 2 of this Article to provide the postpaid mobile public telecommunications service for the subjects mentioned in Clause 1 of this Article is 45,000 VND/month/subscriber (forty-five thousand VND per month per subscriber).

5. In cases where poor households or near-poor households have used up the support funds within the month, the outgoing call will be disconnected (one-way lock) until the start of the next supported month. If poor households or near-poor households do not use up the support funds within the month, the remaining amount will be carried over to subsequent support months.

Article 11. Mobile maritime public telecommunications service through coastal radio stations

1. The subjects entitled to the tariff for the mobile maritime public telecommunications service through coastal radio stations are Vietnamese fishermen on fishing vessels operating in Vietnam's territorial waters who use this service.

2. The subjects entitled to the level of support provided for the mobile maritime public telecommunications service through coastal radio stations are telecommunications businesses providing services to beneficiaries as stipulated in Clause 1 of this Article.

3. The maximum public service tariff for the mobile maritime public telecommunications service through coastal radio stations applicable to the subjects mentioned in Clause 1 of this Article is 1,800 VND/minute (one thousand eight hundred VND per minute).

4. The level of support for telecommunications businesses mentioned in Clause 2 of this Article is 1,000 VND/minute (one thousand VND per minute). The support time is rounded off to the nearest minute for each call.

Article 12. Public Internet Access Service Points

1. The subjects eligible for support to maintain the operation of public Internet access service points are telecommunications enterprises providing public Internet access services within the scope of the Telecommunications Public Services Provision Program until 2020 as stipulated in Decision No. 1168/QD-TTg dated July 24, 2015 of the Prime Minister.

2. The level of support for the subjects mentioned in Clause 1 of this Article to maintain the operation of public Internet access service points is VND 1,500,000 per month per point (one million five hundred thousand dong per month per point).

3. Public Internet access service points receiving the support level prescribed in Clause 2 of this Article must meet the following conditions:

a) They are public Internet access service points still in operation within the scope of the Telecommunications Public Services Provision Program until 2010 as stipulated in Decision No. 74/2006/QD-TTg dated April 7, 2006 of the Prime Minister, specifically those still in operation at the time of support within the scope of the provision of telecommunications public services under Decision No. 74/2006/QD-TTg dated April 7, 2006 of the Prime Minister; or they are 500 public Internet access service points developed in communes with a low ratio of households using fixed broadband Internet access services and without public Internet access service points as stipulated in Decision No. 1168/QD-TTg dated July 24, 2015 of the Prime Minister;

b) They are public Internet access service points having at least three computers for direct provision of Internet access services to users.

Article 13. Fixed Broadband Ground-Based Postpaid Internet Access Public Telecommunication Service

1. The subjects eligible for the tariff of the fixed broadband ground-based postpaid Internet access public telecommunication service are subscribers using the fixed broadband ground-based postpaid Internet access public telecommunication service and belonging to the following organizations:

a) Kindergartens established according to the decision of the Chairman of the People's Committee of districts, counties, towns, and provincial cities;

b) Primary schools;

c) Secondary schools, including schools with one level and schools with multiple levels;

d) Colleges;

đ) Colleges;

e) Universities;

g) Vocational Education and Continuing Education Centers;

h) State-owned specialized hospitals, general hospitals at district, provincial, and central levels; private specialized hospitals, general hospitals; specialized hospitals, general hospitals with foreign investment;

i) People's Committees of communes.

2. Each organization mentioned in Clause 1 of this Article can only enjoy support for the use of one package of fixed broadband ground-based postpaid Internet access public telecommunication service from only one telecommunications enterprise.

3. The subjects eligible for the support level for providing the fixed broadband ground-based postpaid Internet access public telecommunication service are telecommunications enterprises providing services to the subjects mentioned in Clause 1 of this Article.

4. The maximum public tariff for the fixed broadband ground-based postpaid Internet access public telecommunication service applicable to the subjects mentioned in Clause 1 of this Article is specified as follows:

a) VND 75,000 per month per organization (seventy-five thousand dong per month per organization) when using a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed from 4 Mbps to less than 12 Mbps;

b) VND 100,000 per month per organization (one hundred thousand dong per month per organization) when using a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed from 12 Mbps to less than 32 Mbps;

c) VND 250,000 per month per organization (two hundred fifty thousand dong per month per organization) when using a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed from 32 Mbps to less than 45 Mbps;

d) VND 450,000 per month per organization (four hundred fifty thousand dong per month per organization) when using a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed of 45 Mbps or more.

5. The level of support for telecommunications enterprises mentioned in Clause 2 of this Article to provide the fixed broadband ground-based postpaid Internet access public telecommunication service to the subjects mentioned in Clause 1 of this Article is specified as follows:

a) VND 50,000 per month per organization (fifty thousand dong per month per organization) when the enterprise provides a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed from 4 Mbps to less than 12 Mbps;

b) VND 100,000 per month per organization (one hundred thousand dong per month per organization) when the enterprise provides a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed from 12 Mbps to less than 32 Mbps;

c) VND 150,000 per month per organization (one hundred fifty thousand dong per month per organization) when the enterprise provides a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed from 32 Mbps to less than 45 Mbps;

d) VND 250,000 per month per organization (two hundred fifty thousand dong per month per organization) when the enterprise provides a package of fixed broadband ground-based postpaid Internet access service with a maximum download speed of 45 Mbps or more.

Article 14. Public interest telecommunications services for terrestrial dedicated leased circuits

1. The entities eligible for subsidized rates for public interest telecommunications services for terrestrial dedicated leased circuits with backup must meet the following conditions:

a) They are satellite hospitals or nuclear hospitals under the Satellite Hospital Project for the period 2013-2020 as decided by Decision No. 774/QD-BYT dated March 11, 2013 of the Minister of Health;

          b) They have confirmation from the provincial Department of Health where the hospital is located that the hospital is implementing the Telemedicine project to provide remote consultation and treatment using information technology as decided by Decision No. 774/QD-BYT dated March 11, 2013 of the Minister of Health;

          c) They register to use terrestrial dedicated leased circuits with backup to connect between satellite hospitals and nuclear hospitals within the group.

2. Each satellite hospital or nuclear hospital mentioned in Clause 1 of this Article may only enjoy the subsidized rate for public interest telecommunications services for one terrestrial dedicated leased circuit with backup provided by one telecommunications enterprise.

3. The entities eligible for financial support to provide public interest telecommunications services for terrestrial dedicated leased circuits with backup are telecommunications enterprises providing such services to the entities specified in Clauses 1 and 2 of this Article.

4. The rate for public interest telecommunications services for terrestrial dedicated leased circuits with backup is 0 VND/month/subscriber.

5. The maximum level of support for telecommunications enterprises specified in Clause 3 of this Article to provide public interest telecommunications services for terrestrial dedicated leased circuits with backup to the entities specified in Clause 1 of this Article is 15,000,000 VND/month/circuit with backup (fifteen million VND per month per circuit with backup).

Article 15. Public interest telecommunications services for digital signal transmission for television channels using Ku band of VINASAT satellite

1. The entities eligible for subsidized rates for public interest telecommunications services for digital signal transmission for local television channels using Ku band of VINASAT satellite must meet the following conditions:

a) They are provincial radio and television stations that are not financially independent;

b) They use this service to broadcast television programs serving political tasks and essential information dissemination for one of the following areas: mountainous regions, border areas, islands, or areas difficult to receive terrestrial digital television signals.

2. Each provincial radio and television station mentioned in Clause 1 of this Article may only enjoy the subsidized rate for public interest telecommunications services for digital signal transmission for one television channel using Ku band of VINASAT satellite provided by one telecommunications enterprise holding a license to provide direct-to-home satellite television services and currently executing a contract to provide promotional signal transmission services on Ku band of VINASAT satellite for provincial radio and television stations.

3. The entities eligible for financial support to provide public interest telecommunications services for digital signal transmission for one television channel using Ku band of VINASAT satellite are telecommunications enterprises holding a license to provide direct-to-home satellite television services and currently executing a contract to provide promotional signal transmission services on Ku band of VINASAT satellite for provincial radio and television stations as specified in Clauses 1 and 2 of this Article.

4. The rate for public interest telecommunications services for digital signal transmission for one television channel using Ku band of VINASAT satellite applicable to the entities specified in Clauses 1 and 2 of this Article is 0 VND/month/channel (including both the transmission from the provincial radio and television station to the VINASAT satellite uplink site).

5. The maximum level of support for the entities specified in Clause 3 of this Article to provide services to the entities specified in Clauses 1 and 2 of this Article is 150,000,000 VND/month/channel (one hundred fifty million VND per month per channel) using Ku band of VINASAT satellite.

Article 16. Public telecommunications services for optical cable transmission connecting from the mainland to administrative centers of island districts

1. The subjects eligible to receive support for establishing optical cable transmission connections from the mainland to administrative centers of island districts based on the optical cable infrastructure of units under the Vietnam Electricity Group to provide public telecommunications services are telecommunications enterprises leasing optical fibers from units under the Vietnam Electricity Group to connect from the mainland to the administrative centers of island districts.

2. The level of support for telecommunications enterprises mentioned in Clause 1 of this Article is fifty percent of the value of the invoice for leasing optical fibers before value-added tax issued by units under the Vietnam Electricity Group to telecommunications enterprises when leasing optical fibers from units under the Vietnam Electricity Group to connect from the mainland to the administrative centers of island districts.

Article 17. Public telecommunications services for Viba number transmission to provide broadband services for island districts

1. The subjects eligible to receive support for public telecommunications services for Viba number transmission connecting to island districts are telecommunications enterprises leasing Viba number transmission to provide broadband services for island districts.

2. The level of support for telecommunications enterprises mentioned in Clause 1 of this Article is fifty percent of the value of the invoice for leasing Viba number transmission before value-added tax issued by the leasing enterprise to telecommunications enterprises when leasing Viba number transmission to provide broadband services for island districts.

Article 18. Public telecommunications services for satellite transmission to provide broadband services for island districts

1. The subjects eligible to receive support for public telecommunications services for satellite transmission connecting to island districts are telecommunications enterprises leasing satellite transmission channels to provide broadband services for island districts.

2. The level of support for telecommunications enterprises mentioned in Clause 1 of this Article is thirty-six million four hundred fifty thousand Vietnamese dong per MHz per month (36,450,000 VND/MHz/month).

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Provisions on Value Added Tax (VAT) and issuance of invoices including public telecommunications services

The collection of VAT on public telecommunications services and on the portion of support for providing public telecommunications services, and the issuance of invoices including public telecommunications services shall be carried out in accordance with the provisions of laws on taxation, accounting, and auditing.

Article 20. Responsibilities of telecommunications enterprises regarding quality when providing public telecommunications services

Telecommunications enterprises have the responsibility to provide public telecommunications services in accordance with current standards and regulations on service quality.

Article 21. Responsibilities of telecommunications enterprises regarding public service rates when providing public telecommunications services

1. For public telecommunications services stipulated in Articles 5, 6, 7, 8, and 14 of this Circular, telecommunications enterprises have the responsibility to provide services to beneficiaries of public telecommunications services at the prescribed public service rates, usage time determination methods, and billing methods as specified in the corresponding articles.

2. For public telecommunications services stipulated in Articles 9, 10, 11, and 13 of this Circular, telecommunications enterprises providing public telecommunications services have the responsibility to:

a) Issue decisions on specific service rates applicable to each public telecommunications service provided by the enterprise. The public service rates set by the enterprise must not exceed the maximum public service rates prescribed in this Circular;

b) Submit reports on public service rates to the Ministry of Information and Communications at least three working days before the enterprise's decision on public service rates becomes effective. In cases where the Ministry of Information and Communications finds that the rate report submitted by the enterprise does not comply with current regulations on public service rate management, the Ministry will issue a document requesting the enterprise to review and adjust accordingly.

The report on public service rates includes: the enterprise’s report on public service rates; the enterprise’s decision on setting public service rates; and a list of tariff packages similar to the public service packages reported by the enterprise.

c) Apply methods for determining usage time and billing methods for public telecommunications services in accordance with the regulations currently applied by telecommunications enterprises for non-beneficiary users of those tariff packages.

Article 22. Effectiveness and Implementation

1. This Circular takes effect from April 1, 2020.

2. Circular No. 09/2016/TT-BTTTT dated March 30, 2016, of the Minister of Information and Communications detailing the list, beneficiaries, scope, quality, rates, rate framework, and support levels for providing public telecommunications services until 2020 ceases to be effective upon the entry into force of this Circular.

3. The Director of the Office, the Director of the Telecommunications Department, the Director of the Vietnam Universal Service Fund, the Director of the Program Management Board for Providing Public Telecommunications Services, heads of agencies and units under the Ministry, Directors of Provincial Departments of Information and Communications, General Directors, and Directors of telecommunications enterprises and related organizations and individuals are responsible for implementing this Circular.