Circular No. 08/2024/TT-BTTTT detailing wholesale activities in telecommunications

CIRCULAR

Detailed regulations on wholesale activities in telecommunications

Pursuant to the Law on Telecommunications dated November 24, 2023;

Pursuant to the Price Law dated June 19, 2023;

Pursuant to Decree No. 48/2022/NĐ-CP dated July 26, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Department;

The Minister of Information and Communications promulgates this Circular detailing wholesale activities in telecommunications.

Article 1. Scope of Regulation

1. This Circular details Clause 3 Article 16 and Point d Clause 3 Article 17 of the Telecommunications Law No. 24/2023/QH15 regarding wholesale activities in telecommunications (hereinafter referred to as wholesale activities).

2. The following services are not within the scope of regulation of this Circular:

a. Services for leasing the use of building cable networks, leasing passive telecommunications infrastructure;

b. Basic telecommunications services over the Internet;

c. Data center services, cloud computing services.

Article 2. Applicability

This Circular applies to:

1. State management agencies related to wholesale activities in telecommunications.

2. Telecommunications enterprises participating in wholesale activities in telecommunications.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Wholesale enterpriseis a telecommunications enterprise conducting wholesale activities as prescribed in Clause 1 Article 16 of the Telecommunications Law.

2. Purchasing enterpriseis a telecommunications enterprise leasing, using all or part of a telecommunications network, purchasing traffic, purchasing services from a wholesale enterprise to provide telecommunications services.

3. Wholesale service supply agreementis an economic and technical agreement concluded between telecommunications enterprises when participating in wholesale activities.

Article 4. Wholesale activities in telecommunications

1. Ensuring the provision of services at fair and reasonable prices and conditions, without discrimination as follows:

a. Fairness in selling prices, terms, and conditions of services when providing wholesale services.

b. No discrimination among independent accounting units within the enterprise, subsidiaries of the enterprise, business partners of the enterprise, other purchasing enterprises.

c. Selling prices, terms, and conditions of services must be reasonably established based on factors such as cost of service provision; quantity, quality, scope, method, time, location of services provided; payment terms, duration of service packages according to the contract; monopoly factors, technology, customer segments.

2. Transparency in information about prices, telecommunications technical standards and specifications, network and telecommunications service quality as follows:

a. Implementing price declaration procedures and publicizing service provision prices in accordance with laws on prices;

b. Transparency in information about telecommunications technical standards and specifications, network and telecommunications service quality, as well as specific terms and conditions for providing and using services;

c. Transparency in publishing the model wholesale service supply agreement when participating in wholesale activities in telecommunications (hereinafter referred to as the model wholesale service supply agreement) in accordance with Articles 5 and 6 of this Circular.

Article 5. Publicizing the model wholesale service supply agreement

1. Within thirty days from the date of signing the wholesale service supply agreement with the purchasing enterprise for telecommunications services listed in the State-managed telecommunications service market directory, a wholesale enterprise identified as a dominant telecommunications enterprise in the market must develop and publicize the model wholesale service supply agreement.

2. Telecommunications enterprises that are not dominant telecommunications enterprises in the market may independently develop the model wholesale service supply agreement based on compliance with the provisions of Article 4 of this Circular.

In case a telecommunications enterprise that is not a dominant telecommunications enterprise in the market cannot reach a wholesale service supply agreement with a purchasing enterprise, the enterprise has the responsibility to develop the model wholesale service supply agreement and publicize the contents of the model agreement in accordance with Clause 1 of this Article.

3. The model wholesale service supply agreement must include at least the contents prescribed in Clause 2 of Article 6 of this Circular.

4. In cases where it is necessary to supplement or amend the model wholesale service supply agreement, the wholesale enterprise shall re-publish the model wholesale service supply agreement in accordance with Clauses 1, 2, and 3 of this Article.

Article 6. Content of the Wholesale Service Supply Agreement

1. The Wholesale Service Supply Agreement must:

a. Be drafted in writing, including all details regarding price, service quality standards, and other conditions and terms for providing wholesale services that the wholesaler enterprise is willing to provide to any wholesaler business with the need to negotiate.

b. Be clearly, consistently, and specifically stated according to the name of the corresponding service to ensure that the wholesaler business only purchases wholesale services within the State-managed Telecommunications Services Market List that they wish to purchase.

2. The Wholesale Service Supply Agreement shall include at least the following contents:

a. Requirements and principles for service provision;

b. Procedures and formalities for service provision;

c. Description of services to be provided, including technical characteristics (including network configuration information when necessary for effective network access usage);

d. Service quality standards including at least the quality indicators of services that have been publicly announced;

đ. Requirements for operation and technology that the wholesaler business must comply with to ensure that it does not cause damage to the wholesaler enterprise's network;

e. Contents related to telecommunications connection as prescribed by the Ministry of Information and Communications (in the case of leasing networks);

g. Terms on pricing and procedures for reconciliation and payment for service usage;

h. Payment methods for service usage;

i. Procedures for implementation in case of changes (additions, reductions) in services;

k. Solutions to ensure infrastructure security and information security;

l. Provisions on information confidentiality and privacy of data used during the provision and use of services;

m. Other rights and obligations of the wholesaler/business (if any);

n. Provisions on termination rights of the Agreement and compensation for damages in cases where either party fails to fulfill commitments under the Agreement;

o. Dispute resolution, compensation, complaints;

p. Contact information.

3. The wholesaler enterprise shall send the document to the Ministry of Information and Communications (Telecommunications Department) if specific guidance is needed regarding the content of the Wholesale Service Supply Agreement.

Article 7. Effectiveness and Implementation Organization

1. This Circular takes effect from August 23, 2024.

2. The Director of the Office, the Director of the Telecommunications Department, the Heads of agencies and units under the Ministry, the Chairmen, General Directors, and Directors of telecommunications enterprises, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties, please report to the Ministry of Information and Communications (Telecommunications Department) for consideration and resolution./.