Directive No. 07/2005/CT-BBCVT on network connection and public telecommunications services

DIRECTIVE

On Connecting Networks and Public Telecommunication Services

In recent years, the Posts and Telecommunications Industry has actively implemented the Posts and Telecommunications Ordinance, Directive No. 08/2003/CT-TTg dated April 4, 2003 of the Government Chairman on enhancing efficiency and competitiveness of enterprises to promote development in the telecommunication and Internet sector. The Posts and Telecommunications Industry has achieved many results such as rapid growth in telephone and Internet subscriber density, modernization of the telecommunication network, and market competition for all types of telecommunication services. However, enterprises participating in developing the telecommunication and Internet market, especially new enterprises, still face some difficulties and inconveniences, including the implementation of network connection and public telecommunication services.

To effectively implement state regulations on telecommunication and Internet, the Government Chairman's Directive on enhancing enterprise efficiency and competitiveness, the Minister of Posts and Telecommunications instructs units to promptly carry out the following key tasks:

1. Organize dissemination and thorough understanding among cadres, civil servants, and employees of all management agencies and telecommunication and Internet enterprises regarding the Posts and Telecommunications Ordinance, Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing certain provisions of the Posts and Telecommunications Ordinance on telecommunication, and Directive No. 08/2003/CT-TTg dated April 4, 2003 of the Government Chairman on enhancing enterprise efficiency and competitiveness, to create uniformity and further enhance awareness among cadres and party members in supporting and encouraging businesses operating in the telecommunication and Internet sectors, including timely provision of network connections with appropriate capacity and quality for new enterprises, ensuring fair competition among enterprises to promote the development of the telecommunication and Internet industry serving industrialization and modernization of the country, and preparing well for international economic integration.

2. Strengthen guidance, planning, and construction of telecommunication networks to ensure capacity for network connections and transmission of telecommunication service traffic according to the Posts and Telecommunications Ordinance and Decree No. 160/2004/NĐ-CP of the Government; develop, review, supplement, amend, and approve interconnection agreements in a way that facilitates network connections and traffic transmission between public telecommunication networks; closely coordinate in implementing interconnections between telecommunication networks to best ensure quality, capacity, and timing of connections. Resolve existing issues and obstacles immediately upon their appearance to prevent prolonged disputes affecting the overall development of the telecommunication and Internet industry.

3. For telecommunication enterprises

3.1. Telecommunication and Internet enterprises have the responsibility to:

a. Establish specialized departments (with direct leadership representatives assigned) responsible for network connection work and public telecommunication services to handle related connection matters and serve as points of contact with the Ministry of Posts and Telecommunications and the dedicated interconnection task force;

b. Review signed interconnection agreements and proactively negotiate amendments and supplements with other telecommunication enterprises, submitting them to the Ministry of Posts and Telecommunications for approval in accordance with actual implementation and current laws;

c. Proactively forecast the market, develop network and service expansion plans including connection requirements with other telecommunication enterprises, report to the Ministry of Posts and Telecommunications, and coordinate with other telecommunication enterprises to unify connection requirements for each phase of the plan;

d. Promptly report to the dedicated interconnection task force any incidents or disputes arising during the connection process to request resolution according to legal provisions. Strictly comply with reporting requirements set by the dedicated interconnection task force and the Ministry of Posts and Telecommunications.

3.2. Vietnam Post and Telecommunications Corporation, as an enterprise holding essential means for fixed-line and mobile telecommunication networks, has the responsibility to:

a. Report to the Ministry of Posts and Telecommunications its network development plans, including network capacity and equipment for connections, particularly fixed-line and mobile networks serving connection needs with other telecommunication enterprises;

b. Strengthen planning and construction of networks to ensure connection capacity with other telecommunication and Internet enterprises as required;

c. Propose solutions, including basic investment projects, to ensure service capacity for connections with other enterprises' networks;

d. Quickly complete model interconnection agreements for submission to the Ministry of Posts and Telecommunications for review and approval to publicly apply to telecommunication enterprises requiring connections.

4. For units under the Ministry of Posts and Telecommunications

4.1. The Telecommunications Department will cooperate with the dedicated interconnection task force on current technical and operational policies; draft and issue the following regulations:

- Regulations on connecting public telecommunication networks replacing Decision No. 547/1998/QĐ-TCBĐ;

- Regulations for telecommunication enterprises holding essential means.

4.2. The Planning and Finance Department will cooperate with the dedicated interconnection task force on economic and tariff-related matters; draft and revise the following regulations:

- Regulations on interconnection tariffs between telecommunication service providers replacing Decision No. 148/2003/QĐ-BBCVT, taking into account the Prime Minister's Decision No. 191/2004/QĐ-TTg establishing the Vietnam Telecommunications Social Service Fund.

- Provisions on the mechanism of economic contracts regarding registration for using connection capacity between telecommunications networks, Internet.

4.3. The Science and Technology Department shall coordinate with the specialized task force on connection in matters related to methods for determining capacity and capability in connections between telecommunications networks; developing technical standards for connections.

4.4. The Legal Affairs Department shall coordinate with the specialized task force on connection in matters related to reviewing current regulations concerning connections.

4.5. The Inspectorate of the Ministry shall coordinate with the specialized task force on connection in matters related to organizing inspections, supervision, and handling violations of regulations on connections.

4.6. The Postal Telecommunications Quality Management and Information Technology Bureau shall coordinate with the specialized task force on connection in matters related to quality control of connections and service quality.

4.7. The specialized task force on connection shall promptly improve its organizational structure and operations; take the lead and coordinate with relevant units in monitoring, urging, supervising, and resolving disputes over network connections between telecommunications enterprises; proactively propose to the Minister issues related to policies, measures, and directives for implementing network connections and public telecommunications services.

The Telecommunications Department shall be responsible for guiding, inspecting, and urging the implementation of this Directive; coordinating with relevant agencies and units to promptly resolve any difficulties arising during the implementation process and reporting to the Minister.