Circular No. 05/2012/TT-BTTTT on Classification of Telecommunication Services

CIRCULAR

Classification of Telecommunication Services

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

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications, and Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications issues this Circular on the Classification of Telecommunication Services.

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular classifies telecommunication services.

Article 2. Applicability

This Circular applies to organizations and individuals providing, using telecommunication services, and organizations and individuals related to the management, provision, and use of telecommunication services in Vietnam.

Section 2

TELECOMMUNICATION SERVICES

Article 3. Telecommunication Services

1. According to the technological characteristics and transmission methods of the telecommunication network, basic and value-added telecommunication services prescribed in Article 9 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 are combined into specific service types as follows:

a) Fixed telecommunication services including terrestrial fixed telecommunication services and satellite fixed telecommunication services;

b) Mobile telecommunication services including terrestrial mobile telecommunication services, satellite mobile telecommunication services, maritime mobile telecommunication services, and air mobile telecommunication services.

2. According to payment methods for charges, telecommunication services prescribed in Clause 1 of this Article are classified into prepaid services and postpaid services.

a) Prepaid services are services where the user of the telecommunication service pays the charge for using the service before using it according to the agreement between both parties;

b) Postpaid services are services where the user of the telecommunication service pays the charge for using the service after using it according to the agreement between both parties.

3. According to communication range, telecommunication services prescribed in Clause 1 of this Article are classified into intra-network services and inter-network services.

a) Intra-network services are services for sending, transmitting, receiving, and processing information among users of the same telecommunication network;

b) Inter-network services are services for sending, transmitting, receiving, and processing information among users of different telecommunication networks. Different telecommunication networks are telecommunication networks of different types within the same telecommunications enterprise or telecommunication networks of different telecommunications enterprises.

4. Supplementary telecommunication services are additional services that enhance features and benefits for users of telecommunication services, which are inseparable parts provided together with basic and value-added telecommunication services.

5. Other telecommunication services as prescribed by the Ministry of Information and Communications.

Article 4. Fixed Telecommunication Services

1. Terrestrial fixed telecommunication services are telecommunication services provided through terrestrial fixed telecommunication networks. According to the communication range, terrestrial fixed telecommunication services are divided into local services, long-distance domestic services, and international services.

a) Local services are services for sending, transmitting, receiving, and processing information among users of terrestrial fixed telecommunication services within the same province or centrally-administered city;

b) Long-distance domestic services are services for sending, transmitting, receiving, and processing information among users of terrestrial fixed telecommunication services in different provinces or centrally-administered cities;

c) International services are services for sending, transmitting, receiving, and processing information from users of terrestrial fixed telecommunication services in Vietnam to international destinations or from users of telecommunication services abroad to users of terrestrial fixed telecommunication services in Vietnam.

2. Satellite fixed telecommunication services are telecommunication services provided through satellite fixed telecommunication networks.

3. Fixed telecommunication services prescribed in Clauses 1 and 2 of this Article include the following services:

a) Basic telecommunication services including: telephone services (voice, fax, data transmission over voice channels); data transmission services; messaging services; image transmission services; video conferencing services; private line services; Internet connection services; virtual private network services, and other basic telecommunication services as prescribed by the Ministry of Information and Communications;

b) Value-added telecommunication services including: email services; voice mail services; enhanced fax services; Internet access services, comprising narrowband Internet access services with download speeds below 256 kb/s and broadband Internet access services with download speeds of 256 kb/s or higher, and other value-added telecommunication services as prescribed by the Ministry of Information and Communications;

c) Supplementary telecommunication services including: caller ID services; call blocking services; call forwarding services; call waiting services; call transfer services; call rejection services; speed dialing services, and other supplementary telecommunication services as prescribed by the Ministry of Information and Communications.

Article 5. Mobile Telecommunication Services

1. Ground mobile telecommunication services are telecommunication services provided through ground mobile telecommunication networks (mobile information networks, radio relay networks, messaging networks), including:

a) Ground mobile information services;

b) Radio relay services;

c) Messaging services.

2. Satellite mobile telecommunication services are telecommunication services provided through satellite mobile telecommunication networks.

3. Maritime mobile telecommunication services are telecommunication services provided through shore stations, ship stations, and radio installations on fishing vessels to ensure communication for service users on ships and boats.

4. Aeronautical mobile telecommunication services are telecommunication services provided through ground stations and aircraft stations to ensure communication for service users on airplanes.

5. The mobile telecommunication services specified in Clauses 1, 2, 3, and 4 of this Article include the following services:

a) Basic telecommunication services including: telephone services; facsimile services; data transmission services; image transmission services; messaging services and other basic telecommunication services as prescribed by the Ministry of Information and Communications.

b) Value-added telecommunication services including: email services; voice mail services; value-added facsimile services; internet access services, comprising narrowband internet access services with download speeds lower than 256 kb/s and broadband internet access services with download speeds of 256 kb/s or higher and other value-added telecommunication services as prescribed by the Ministry of Information and Communications;

c) Supplementary telecommunication services including: caller ID services; call blocking services; call forwarding services; call waiting services; call transfer services; call rejection services; speed dialing services, and other supplementary telecommunication services as prescribed by the Ministry of Information and Communications.

Article 6. Adjustment of Telecommunication Services

Based on market development conditions and telecommunications management policies in each period, the Ministry of Information and Communications will adjust telecommunication services to meet management requirements.

Section 3

IMPLEMENTATION

Article 7. Effective Date

This Circular takes effect from July 15, 2012.

Article 8. Implementation organization

1. The Director of the Office, heads of agencies and units under the Ministry, Directors of Provincial Departments of Information and Communications, General Directors, Directors of telecommunications enterprises, and organizations and individuals related to this matter are responsible for implementing this Circular.

2. During implementation, if any difficulties arise, organizations and individuals should reflect them to the Ministry of Information and Communications (Telecommunications Department) for supplementation and amendment to ensure compliance./.