Circular No. 05/2006/TT-BBCVT guiding the implementation of the Public Interest Telecommunications Services Supply Program until 2010

CIRCULAR

Guidelines for Implementing the Program

||| to Provide Public Interest Telecommunication Services until 2010

_______________

||| Based on the Ordinance on Posts and Telecommunications dated May 25, 2002;

||| Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding telecommunications;

||| Decree No. 199/2004/NĐ-CP dated December 3, 2004 of the Government promulgating the Financial Management Regulations for State-owned Enterprises and the Management of State Capital Invested in Other Enterprises;

||| Decree No. 31/2005/NĐ-CP dated March 11, 2005 of the Government on the production and supply of public interest products and services;

||| Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on the establishment, organization, and operation of the Vietnam Public Telecommunication Service Fund;

||| Decision No. 74/2006/QĐ-TTg dated April 7, 2006 of the Prime Minister approving the Program to Provide Public Interest Telecommunication Services until 2010;

||| After receiving comments from the Ministry of Finance (Document No.: 11061/BTC-TCNH dated September 11, 2006) and the Ministry of Planning and Investment (Document No.: 6675/BKH-KCHT&ĐT dated September 7, 2006), the Ministry of Posts and Telecommunications guides the implementation of the Program to Provide Public Interest Telecommunication Services until 2010 as follows:

I - GENERAL PROVISIONS

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

- Telecommunication enterprises participating in implementing the Program to Provide Public Interest Telecommunication Services of the State.

Provincial and centrally-administered city Postal and Telecommunications Departments.

- The Vietnam Public Telecommunication Service Fund.

- The objects receiving public interest telecommunication services are defined in Clause 2, Article 5 of Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on the establishment, organization, and operation of the Vietnam Public Telecommunication Service Fund.

2. Explanation of terms

- The list of public interest telecommunication services includes universal telecommunication services and mandatory telecommunication services announced by the Ministry of Posts and Telecommunications at different periods.

- The area provided with public interest telecommunication services is the administrative boundary of a district or commune as announced by the Ministry of Posts and Telecommunications based on criteria set forth by the Prime Minister in Decision No. 74/2006/QĐ-TTg.

- Mandatory telecommunication services are those specified in Point 2, Part III, Article 1 of Decision No. 74/2006/QĐ-TTg that all telecommunication enterprises must provide to customers upon obtaining permission from the Ministry of Posts and Telecommunications to offer telecommunication services.

- Public telecommunication service access points include public telephone booths, public Internet access points, or public access points providing both services.

3. Support for maintaining and developing public interest telecommunication services from the Vietnam Public Telecommunication Service Fund shall be implemented through telecommunication enterprises based on plans assigned by the state or through state orders and bidding.

4. Telecommunication enterprises providing public interest telecommunication services must have a license to establish telecommunication service-providing infrastructure networks and must meet national standards for service quality.

5. Bidding, ordering, and assigning plans for providing public interest telecommunication services shall comply with state regulations on bidding and ordering for the provision of public interest products and services.

6. Telecommunication enterprises and related units involved in implementing the Program to Provide Public Interest Telecommunication Services shall be responsible for complying with these guidelines and other relevant state laws.

II - SUPPORT FOR IMPLEMENTING THE PROGRAM TO PROVIDE PUBLIC INTEREST TELECOMMUNICATION SERVICES

1. Content of support

Telecommunication enterprises providing public interest telecommunication services shall receive state support in the following activities:

a) Investing in new construction, upgrading, and expansion projects for telecommunication network infrastructure, Internet (including public telecommunication service access points) or other facilities serving the provision of public interest telecommunication services in areas provided with such services.

b) Developing new public telecommunication service access points in communes outside areas provided with public interest telecommunication services.

c) Costs for maintaining the provision of public interest telecommunication services in areas provided with such services.

d) Costs for maintaining the provision of mandatory telecommunication services nationwide.

đ) Costs for developing and maintaining telephone and Internet subscriptions for individuals and households in areas provided with public interest telecommunication services.

e) Carrying out other public interest tasks as prescribed by the Prime Minister.

2. Forms of support

2.1. Support from the Vietnam Public Telecommunication Service Fund

a) Loans to telecommunication enterprises when implementing:

- Investment projects for development mentioned in Point a, b, Section 1, Part II of this Circular according to the plan for providing public interest telecommunication services approved by the Ministry of Posts and Telecommunications.

- Other investment projects as decided by competent state authorities.

The loan mechanism shall be in accordance with regulations of the Ministry of Finance.

b) Non-reimbursable support:

Telecommunication enterprises implementing tasks mentioned in Points c to đ, Section 1, Part II of this Circular shall receive financial support through non-reimbursable grants to enterprises based on support rates prescribed by the state.

2.2. Support from other sources of finance

Support from other sources of finance (local budgets and other capital sources) for the objectives of providing public interest telecommunication services shall be decided by the authority responsible for funding.

3. Level of support

a) Costs for maintaining the network for providing public interest services in areas provided with public interest telecommunication services:

Telecommunication enterprises shall be supported in costs for maintaining the network for providing public interest services in public interest areas (including public telecommunication service access points). The level of support for maintaining the network for providing public interest services in public interest areas for telecommunication enterprises shall be determined based on support rates issued by the Ministry of Posts and Telecommunications at different periods after consulting the Ministry of Finance. The level of support is calculated using the following formula:

Level of support = Number of public interest products and services (x) support rate

b) For the maintenance of mandatory telecommunications services, the level of support shall be determined by the Ministry of Posts and Telecommunications based on orders issued to telecommunications enterprises to provide such services.

c) Other tasks for maintaining and developing public telecommunications services shall be assigned to one or more telecommunications enterprises pursuant to decisions of the Prime Minister, based on specific circumstances, by the Ministry of Posts and Telecommunications, along with specific decisions regarding the level of support.

d) The development of individual and household subscribers residing in areas supplied with public telecommunications services will be carried out through the enterprise currently providing services in that area.

Individual and household subscribers living in particularly difficult communes according to Decision No. 164/2006/QĐ-TTg dated July 11, 2006, of the Prime Minister approving Program 135 Phase II, if these communes are outside the commune supplied with public telecommunications services, will also receive support similar to individual and household subscribers within the commune supplied with public telecommunications services. The content of the support includes:

+ Partial support for installation costs.

+ Partial support for terminal equipment costs.

+ Partial support for monthly subscription fees.

The level of support for services specified in Point d of this Section shall be determined by the Ministry of Posts and Telecommunications after consulting the Ministry of Finance.

4. Allocation of Financial Support Funds

a) Based on the results of bidding, ordering, and allocating plans for the provision of public telecommunications services by the Ministry of Posts and Telecommunications; progress in implementing plans and projects; approved financial plans of the Vietnam Universal Service Fund, the Fund will allocate funds to pay telecommunications service providers.

b) The mechanism for disbursing support capital to telecommunications enterprises shall be established by the Management Board of the Vietnam Universal Service Fund based on regulations of the Ministry of Finance.

III - BIDDING, ORDERING, AND ALLOCATING PLANS FOR TELECOMMUNICATIONS SERVICE PROVIDERS

1. Development of Telecommunication Network Infrastructure for Public Telecommunications Services Programs

a) Investment projects for developing telecommunication network infrastructure in areas supplied with public telecommunications services

Telecommunications enterprises wishing to invest in building new telecommunication and Internet networks (including public telecommunication service access points) in areas supplied with public telecommunications services; Telecommunications enterprises already having networks in these areas wishing to invest in upgrading, expanding their existing telecommunication and Internet infrastructure to supply public telecommunications services may borrow funds from the Vietnam Universal Service Fund according to the annual plan for supplying public telecommunications services approved by the Ministry of Posts and Telecommunications.

b) Investment projects for developing public telecommunication service access points in communes outside areas supplied with public telecommunications services.

Annually, the Ministry of Posts and Telecommunications will announce plans for developing public telecommunication service access points in communes without such access points (outside areas supplied with public telecommunications services). Telecommunications enterprises wishing to invest in developing public telecommunication service access points according to the plan may borrow funds from the Vietnam Universal Service Fund.

Enterprises with new investment projects for developing telecommunication network infrastructure in areas supplied with public telecommunications services; Enterprises wishing to develop public telecommunication service access points must establish and submit investment project proposals in accordance with current state regulations on basic construction investment, report to the Ministry of Posts and Telecommunications, and send copies to the Vietnam Universal Service Fund to compile the borrowing needs of enterprises.

In cases where the number of projects exceeds the total loan limit of the Fund and multiple enterprises apply to participate, a bidding process for the main investor will be conducted. The bidding process for the main investor to implement public telecommunications service supply projects shall be carried out in accordance with laws on bidding and detailed guidelines of the Ministry of Posts and Telecommunications suitable for each type of public telecommunications service supply project. Implementation of these projects must comply with state regulations on the management of basic construction investment capital.

2. Supporting Costs for Maintaining Telecommunication Networks in Areas Supplied with Public Services

The support for costs to maintain telecommunication networks supplying public telecommunications services in areas with telecommunication network infrastructure (including the operation of public telecommunication service access points) shall be implemented through ordering and planning by the Ministry of Posts and Telecommunications to telecommunications enterprises. The level of support shall be based on the volume of products and services provided by the enterprise and standards set by the Ministry of Posts and Telecommunications after consultation with the Ministry of Finance.

3. Supporting the Development of Telephone and Internet Subscribers in Areas Supplied with Public Telecommunications Services.

The support for costs to develop telephone and Internet subscribers in areas supplied with public telecommunications services shall be implemented through ordering and planning by the Ministry of Posts and Telecommunications to telecommunications enterprises. The level of support shall be based on the volume of products and services provided by the enterprise and standards set by the Ministry of Posts and Telecommunications after consultation with the Ministry of Finance.

IV - QUALITY AND PRICES OF PUBLIC TELECOMMUNICATION SERVICES

1. The Ministry of Posts and Telecommunications shall decide and announce the quality of public telecommunications services appropriate to each period and the development of telecommunications technology.

2. The Ministry of Posts and Telecommunications shall stipulate and announce unified prices for public telecommunications services nationwide.

V - PLAN FOR SUPPLYING PUBLIC TELECOMMUNICATION SERVICES

The provision of public interest telecommunications services shall be carried out based on plans approved by competent authorities at various levels.

1. Plan Development

Support plans for providing public interest telecommunications services include:

(1) Plans for investment in building new, upgrading, expanding telecommunications network infrastructure and the Internet in public interest areas.

(2) Plans for developing public telecommunications service access points and the Internet (outside areas provided with public interest telecommunications services).

(3) Plans to support costs for maintaining the provision of public interest telecommunications services in public interest areas.

(4) Plans to ensure the provision of mandatory services.

(5) Plans to support the development of individual and household subscribers in public interest areas.

(6) Other construction plans.

(7) Plans for collecting and remitting contributions to the Vietnam Public Interest Telecommunications Services Fund: implemented in accordance with Circular No. 110/2005/TT-BTC of the Ministry of Finance guiding accounting regulations and collection and remittance of contributions to the Vietnam Public Interest Telecommunications Services Fund and accompanying guidance documents.

(8) Plans to mobilize other sources of capital to support the provision of public interest telecommunications services.

(9) Plans for using capital support for the provision of public interest telecommunications services.

2. Guidelines for developing plans

- Based on the objectives of the Public Interest Telecommunications Service Provision Program until 2010 approved by the Prime Minister under Decision No. 74/2006/QD-TTg dated April 7, 2006; before June 15 each year, the Ministry of Posts and Telecommunications issues guidelines for developing plans for the provision of public interest telecommunications services as a basis for related units to develop plans for the following year.

3. Tasks in developing plans

a) Telecommunications enterprises providing public interest telecommunications services

- Based on the guidelines of the Ministry of Posts and Telecommunications; taking into account the development needs and the ability to fulfill public interest tasks of the enterprise, develop plans from (1) to (7) as stipulated in Point 1, Part V of this Circular.

- The content of the plan report includes but is not limited to the following:

+ Evaluation of the implementation of plans, state orders, and bidding for the provision of public interest telecommunications services by the enterprise and estimated completion of plan targets.

+ Foundations and bases for establishing annual plan targets.

+ Measures to implement the plan and proposals to enhance the effectiveness of the Public Interest Telecommunications Service Provision Program and its implementation plans.

- By July 10 each year, enterprises must complete the plans and submit reports to the Ministry of Posts and Telecommunications, simultaneously sending them to the Vietnam Public Interest Telecommunications Services Fund.

- For plans (1), (2), and (5) as stipulated in Point 1, Part V of this Circular, when developing these plans, written opinions of the Provincial Postal and Telecommunications Departments within their jurisdiction regarding their alignment with local planning and provision of telecommunications services must be obtained.

b) Provincial Postal and Telecommunications Departments

- Coordinate and support telecommunications enterprises in developing plans (1), (2), and (5) as stipulated in Point 1, Part V of this Circular, and provide opinions on the plans for providing public interest telecommunications services developed by telecommunications enterprises.

- Take the lead in coordinating with provincial departments and district people's committees to advise the provincial people's committee on developing plans and programs for providing public interest telecommunications services according to local goals to promote the widespread availability of telecommunications services in public interest areas; report to the provincial people's committee for decisions on local support plans for providing public interest telecommunications services from locally raised funds.

- Lead in coordinating with telecommunications enterprises to develop plans for providing telephone directory assistance services (116) in the locality and report to the Ministry of Posts and Telecommunications by July 10 each year.

c) Vietnam Public Interest Telecommunications Services Fund

- Develop plans for collecting contributions from telecommunications enterprises and other sources (plans (7) and (8) as stipulated in Point 1, Part V of this Circular).

- Based on the projected plans for providing public interest telecommunications services by the Ministry of Posts and Telecommunications and the available capital, the Fund develops plans for using its capital (plan (9) as stipulated in Point 1, Part V of this Circular).

The Fund submits these plans to the Ministry of Posts and Telecommunications before October 30 each year.

- Carry out other tasks assigned by the Ministry of Posts and Telecommunications regarding coordination in developing plans for providing public interest telecommunications services.

4. Reviewing and assigning plans

- The Ministry of Posts and Telecommunications, based on the objectives of the Public Interest Telecommunications Service Provision Program approved by the Prime Minister; considering the capital plans and support needs of units, reviews and approves annual support plans for providing public interest telecommunications services.

- Before December 31 each year, the Ministry of Posts and Telecommunications assigns support plans for providing public interest telecommunications services to telecommunications enterprises and the Vietnam Public Interest Telecommunications Services Fund and publicly announces these plans in accordance with national regulations.

5. Implementing plans

a) The Ministry of Posts and Telecommunications directs the implementation of annual plans for providing public interest telecommunications services after approval.

b) Ministries, sectors, and localities coordinate and support the implementation of annual plans and projects for providing public interest telecommunications services.

c) Based on assigned plans, telecommunications enterprises and the Vietnam Public Interest Telecommunications Services Fund cooperate to implement activities for providing public interest telecommunications services and fund lending in accordance with Circular No. 67/2006/TT-BTC dated July 18, 2006, issued by the Ministry of Finance.

d) Provincial Postal and Telecommunications Departments

- Inspect and supervise the implementation of plans for providing public interest telecommunications services in their jurisdictions; compliance with state regulations on providing public interest telecommunications services in their localities.

- Advise the provincial people's committees on implementing public interest telecommunications service provision projects decided and funded by the localities.

- Implement the confirmation of the quantity of public telecommunications products and services on the local territory according to the guidance of the Ministry of Posts and Telecommunications when enterprises implement plans and projects decided by the Ministry of Posts and Telecommunications.

VI - REPORTING, INSPECTION, SUPERVISION OF THE IMPLEMENTATION OF PLANS AND PROJECTS FOR PROVIDING PUBLIC TELECOMMUNICATION SERVICES AND HANDLING VIOLATIONS

1. Telecommunication enterprises providing public telecommunications services are subject to inspection, examination, and supervision by the Ministry of Posts and Telecommunications, Provincial Posts and Telecommunications Departments (within their respective jurisdictions), the Ministry of Finance, the Ministry of Planning and Investment, and other competent state agencies.

2. Periodically or at any time, telecommunication enterprises assigned plans, orders, or awarded contracts for providing public telecommunications services by the State shall be responsible for reporting on the implementation of plans and projects to relevant state agencies as prescribed by the Ministry of Posts and Telecommunications; simultaneously send reports to the Vietnam Universal Service Fund.

3. The Vietnam Universal Service Fund shall be responsible for compiling reports on the implementation of the quantity of public telecommunications products and services under the Fund's sponsorship and the situation of mobilizing and sponsoring the implementation of plans and projects for providing public telecommunications services decided by the Ministry of Posts and Telecommunications.

4. Telecommunication service providers violating national regulations will be handled in accordance with the law.

During the process of organizing the implementation of plans and projects for providing public telecommunications services, if violations concerning policies, systems, quotas, and reporting on the provision of public telecommunications services are discovered, the People's Committees of provinces and centrally-administered cities, and related ministries and sectors shall immediately reflect such violations to the Ministry of Posts and Telecommunications for handling.

VII - ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. For enterprises that have been operating in the provision of public telecommunications services during the period of 2005-2006, they will be supported with costs to maintain networks in areas provided with public telecommunications services according to this Circular.

During the implementation process, if there are difficulties, telecommunication enterprises, the Vietnam Universal Service Fund, Provincial Posts and Telecommunications Departments, and related units are requested to report to the Ministry of Posts and Telecommunications for research and amendment./.