Directive No. 04/2008/CT-BTTTT on Management and Development of Telecommunications Infrastructure

DIRECTIVE

On the management and development of telecommunications infrastructure

In recent years, the development of telecommunications infrastructure has contributed significantly to the rapid growth of telecommunications services, meeting society's demand for service usage, particularly mobile phone services. However, the development and management of telecommunications infrastructure still face many limitations: lack of unified understanding; inadequate and non-synchronized mechanisms, policies, and planning; some regulations are not specific and feasible; enforcement of laws is limited.

To address these issues, promote sustainable development, and effectively utilize telecommunications infrastructure generally, including mobile base stations (BTS) and peripheral networks specifically, to improve the quality of telecommunications services while protecting the environment, the Minister of Information and Communications instructs:

1. Units under the Ministry of Information and Communications:

1.1. The Department of Telecommunications shall be responsible for:

a) Promptly reviewing, amending, and supplementing mechanisms and policies to submit to the Minister for issuance to promote the development of telecommunications infrastructure, including BTS and peripheral networks, and create favorable conditions for enterprises to participate in and implement projects to build and develop telecommunications infrastructure;

b) Drafting and submitting to the Minister for issuance regulations on interconnection and shared use of telecommunications infrastructure, especially antenna towers, station houses, and cable pits;

c) Drafting and submitting to the Minister for issuance detailed regulations on managing the telecommunications cable system, subscriber lines, and telecommunications equipment in urban areas as stipulated in Clause 5, Article 17 of Decree No. 29/2007/NĐ-CP dated February 27, 2007 of the Government on urban architectural management;

Guide the implementation of the installation of subscriber lines in high-rise buildings according to Circular Joint No. 01/2007/TTLT-BTTTT-BXD dated December 10, 2007 between the Ministry of Construction and the Ministry of Information and Communications guiding the installation, management, and use of mailboxes, fixed telephone cable systems, and television cable systems in multi-story buildings with multiple users;

d) Studying and proposing adjustments to various telecommunications service tariffs based on cost to encourage telecommunications enterprises to invest in and develop telecommunications infrastructure, particularly mobile information infrastructure and peripheral networks.

1.2. The Department of Planning and Finance shall be responsible for:

Guiding the implementation of Circular Joint No. 12/2007/TTLT/BXD-BTTTT dated February 11, 2007 between the Ministry of Construction and the Ministry of Information and Communications guiding the issuance of construction permits for mobile communication base station facilities in urban areas.

1.3. The Department of Science and Technology shall be responsible for:

a) Continuously updating the Ministry’s website and coordinating with domestic and foreign media outlets to publicize international standards, Vietnamese standards, technical regulations regarding peripheral telecommunications facilities, electromagnetic field exposure levels, grounding, lightning protection for BTS stations, and research results from international organizations on the impact of electromagnetic waves on human health;

b) Taking the lead in supplementing, amending, drafting, and submitting to the Minister for issuance standards and technical regulations on underground construction projects within the Ministry's jurisdiction as stipulated in Clause 3, Article 4 of Decree No. 41/2007/NĐ-CP dated March 22, 2007 of the Government on underground urban construction.

1.4. The Inspectorate shall be responsible for:

Directing and guiding provincial Information and Communications Departments in inspecting, supervising, and handling administrative violations related to telecommunications infrastructure, with particular attention to the inspection and supervision of compliance with laws in the development of BTS stations and peripheral networks.

1.5. The Bureau of Quality Management of Information and Communication Technology shall be responsible for:

a) Researching, amending, and supplementing to submit to the Minister for issuance regulations on the inspection of telecommunications works (including BTS stations) to align with reality;

b) Regularly updating the list of telecommunications works that have been certified on the Bureau’s website;

c) Strengthening guidance, direction, and supervision of enterprises in implementing regulations on telecommunications work management to ensure the quality of telecommunications services.

1.6. The Press Bureau shall be responsible for:

a) Directing newspapers (including print, radio, television, and online newspapers) to provide information and raise awareness among state management agencies, enterprises, and the general public about the purpose, significance, and tasks related to the development of telecommunications infrastructure;

b) Directing newspapers to report on the development and management of telecommunications infrastructure, with particular emphasis on mobile information infrastructure and peripheral networks; reporting and promoting the research results of international organizations on the impact of electromagnetic waves on human health in an objective and accurate manner.

1.7. Media and communication units within the industry (Vietnam Post Newspaper, Vietnam Post Publishing House, Information and Communication Technology Magazine, VTC Digital Television Station, Vietnamnet Online Newspaper, VNMedia Online Newspaper) shall be responsible for intensifying information dissemination and promotion about the necessity and importance of developing telecommunications infrastructure, as well as specific regulations and standards related to building BTS stations, peripheral networks, and electromagnetic field exposure levels.

2. Provincial Information and Communications Departments:

2.1. Actively coordinate with relevant departments to resolve difficulties and obstacles for enterprises to enhance the shared use of technical infrastructure among transportation, power, and telecommunications sectors.

2.2. Actively implement Circular Joint Circular No. 12/2007/TTLT/BXD-BTTTT dated December 11, 2007, between the Ministry of Construction and the Ministry of Information and Communications guiding the issuance of construction permits for mobile communication transmission and reception stations in urban areas, and promptly determine the scope of areas that must obtain construction permit for BTS stations to submit to the People's Committee of the province for promulgation in accordance with regulations.

Actively implement Circular Joint Circular No. 01/2007/TTLT-BTTTT-BXD dated December 10, 2007, between the Ministry of Construction and the Ministry of Information and Communications guiding the installation, management, and use of postal mailboxes, fixed telephone cable systems, and television cable systems in multi-story buildings with multiple users.

2.3. Take the lead and coordinate with relevant Departments to develop plans and timelines for undergrounding telecommunications cable networks and shared infrastructure among telecommunications enterprises in the locality.

2.4. Coordinate with relevant Departments, agencies, and units to create favorable conditions for the implementation of regulations on road excavation permits, power supply, land allocation, and site clearance to facilitate telecommunications enterprises in quickly undergrounding cable networks and constructing BTS stations.

2.5. Take the lead and coordinate with relevant Departments and agencies to resolve complaints from citizens related to the development of telecommunications infrastructure by enterprises, while strictly handling organizations and individuals who engage in illegal acts of disrupting and obstructing the construction and installation of BTS stations and peripheral networks of telecommunications enterprises in the locality.

Coordinate with local press, radio, and television agencies to actively disseminate news and promote the purpose, significance, and benefits of developing telecommunications infrastructure, BTS stations, and peripheral networks based on clearly explaining electromagnetic field exposure standards and construction and management regulations for telecommunications facilities so that grassroots authorities and citizens are aware.

3. Telecommunications enterprises:

3.1. Actively develop telecommunications infrastructure in rural, remote, border, and island areas to continue universalizing telecommunications services, increasing telephone and Internet subscription density.

3.2. Focus on strengthening the management of investment and construction projects for telecommunications infrastructure such as BTS stations and peripheral networks based on strictly adhering to legal regulations on standards, specifications, inspection of works, planning, investment, and basic construction.

3.3. Proactively coordinate with local authorities at all levels in resolving issues related to the construction and development of telecommunications infrastructure, particularly peripheral networks and BTS stations.

3.4. Closely cooperate with other telecommunications enterprises in jointly using technical infrastructure, especially antenna towers, base stations, and cable pits to enhance investment efficiency, shorten deployment time, and protect the environment.

3.5. Review procedures and processes from project initiation, review, approval to implementation according to regulations and adopt comprehensive solutions to accelerate the progress of projects for developing BTS stations and peripheral networks to meet societal development needs.

3.6. Develop plans and timelines to gradually implement the undergrounding of cable networks in cities in line with telecommunications development plans of provinces and centrally-administered municipalities.

3.7. Strengthen promotional activities about the economic, political, and security significance of developing telecommunications infrastructure, including BTS stations and peripheral networks, to raise public awareness.

3.8. Timely, fully, and accurately report information on telecommunications infrastructure in accordance with legal regulations and when requested by the Ministry of Information and Communications and Provincial Departments of Information and Communications.

4. Implementation:

4.1. The Minister of Information and Communications requests heads of agencies and units under the Ministry, Provincial Departments of Information and Communications, and telecommunications enterprises to widely disseminate and implement this Directive.

4.2. Chairmen of People's Committees of provinces and centrally-administered municipalities are responsible for directing Provincial Departments of Information and Communications and relevant Departments and agencies to strictly implement this Directive.

4.3. Agencies and units under the Ministry, Provincial Departments of Information and Communications have the responsibility to coordinate with telecommunications enterprises and related units to promptly resolve any issues arising during the implementation of this Directive.

4.4. The Telecommunications Department and the Inspectorate of the Ministry have the responsibility to coordinate in inspecting and urging the implementation of this Directive and compiling results to report to the Minister.