Circular No. 11/2008/TT-BTTTT guiding the management of support for the development and maintenance of public telecommunications services for fishermen

CIRCULAR

Guidelines for Managing Support for Developing and Maintaining the Provision of Public Telecommunication Services to Fishermen

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Pursuant to Decision No. 74/2006/QĐ-TTg dated April 7, 2006 of the Government approving the Program on Providing Public Telecommunication Services until 2010;

To ensure the provision of public telecommunication services to fishermen during their marine fishing activities; to ensure two-way communication between fishing vessels and the mainland; the Ministry of Information and Communications guides the implementation of policies supporting the provision of public telecommunication services to fishermen as follows:

I. GENERAL PROVISIONS

1. Scope of regulation and applicable subjects:

1.1. These Circulars guide the implementation of policies for providing public telecommunication services serving marine fishing activities of fishermen.

1.2. The subjects to which these Circulars apply are:

a) Telecommunication service providers supplying services under State contracts for providing public telecommunication services to fishermen (hereinafter referred to as telecommunication service providers);

b) Vietnam Public Telecommunication Service Fund;

c) Owners of fishing vessels with engine power of 50 CV or more when initially equipping the vessel with HF radio transceivers.

2. Explanation of Terms:

In this Circular, the following terms shall be understood as follows:

a) Fishing vessel means a fishing vessel or a vessel providing services for marine fishing activities with engine power of 50 CV or more.

b) Owner of fishing vessel means the lawful owner of the fishing vessel registered with competent state authorities and not being any of the following organizations:

- Party organizations, administrative state agencies;

- Public institutions, political-social organizations;

- Units under the People's Army, People's Police;

- International organizations.

3. State support policies for providing public telecommunication services include:

a) Supporting telecommunication service providers in developing and maintaining infrastructure and networks for service provision;

b) Supporting owners of fishing vessels in equipping HF radio transceivers to ensure two-way communication between fishermen on fishing vessels and individuals or organizations on the mainland.

The funding for implementing the above support policies comes from the Vietnam Public Telecommunication Service Fund and is implemented through telecommunication service providers.

4. Owners of fishing vessels receiving partial financial support for equipping HF radio transceivers must use the equipment for the intended purpose of serving fishermen on fishing vessels during offshore fishing operations.

5. In addition to benefiting from the State's policy of providing public telecommunication services, owners of fishing vessels must pay service fees to telecommunication service providers according to current regulations.

II. SPECIFIC PROVISIONS

1. Financial support for telecommunication service providers:

1.1. Content of support:

a) Providing preferential loans to telecommunication service providers for investment in developing infrastructure and networks for providing public telecommunication services to fishermen on fishing vessels;

b) Supporting costs for maintaining coastal radio stations using HF technology to provide two-way communication services between vessels and shore;

c) Supporting costs for maintaining systems for transmitting and distributing marine disaster forecast information;

d) Supporting costs for maintaining systems for transmitting and distributing marine rescue and search and rescue information.

1.2. The level of support at points b, c, and d of Section 1.1, Item 1 above shall be based on standards set by the Ministry of Information and Communications. Conditions for support, procedures for advance payment, and settlement of supported funds shall be carried out in accordance with the procurement contract and guidance from the Ministry of Information and Communications and the Ministry of Finance.

2. One-time partial cost support for equipping HF radio transceivers for owners of fishing vessels through telecommunication service providers:

2.1. Conditions for support:

Owners of fishing vessels are eligible for support if they meet the following conditions:

a) Having been issued a Frequency and Radio Transmitter Usage Permit by a competent state agency for fishing vessels since 2008 and the permit remains valid at the time the owner requests the State to equip the vessel with HF radio transceivers;

b) Registering to use ship-to-shore telephone services with telecommunication service providers.

2.2. Level of financial support:

Each eligible fishing vessel will receive one-time partial financial support for equipping HF radio transceivers, with the amount specified by the Ministry of Information and Communications.

2.3. Method of support:

Financial support for owners of fishing vessels is implemented through telecommunication service providers. Specifically:

a) Owners purchase HF radio transceivers themselves and receive partial financial support from the State through telecommunication service providers;

b) Telecommunication service providers offset the State-provided support funds for owners of fishing vessels against telecommunications service fees owed by the owners. Monthly, the provider must inform the owner of the service fee usage for that month and the cumulative amount deducted from the State-supported funds until fully offset.

2.4. Procedures for receiving support:

The application for support for HF radio transceivers by owners of fishing vessels includes:

a) Application for support for HF radio transceivers;

b) Certificate of registration of fishing vessels issued by a competent state authority;

c) Valid Frequency and Radio Transmitter Usage Permit issued by a competent authority;

d) Contract between the telecommunication service provider and the owner of the fishing vessel regarding the provision and use of ship-to-shore telephone services.

2.5. Procedure for supporting HF radio transceivers for owners of fishing vessels:

a) When owners of fishing vessels eligible for support have a need for support, they must submit an application for support (according to the form attached to these Circulars) and related procedures.

Upon receipt of the application, the telecommunication service provider must issue a receipt for the application to the owner of the fishing vessel. If the owner of the fishing vessel is missing required procedures, the provider has the responsibility to guide the supplementation within ten working days.

b) Within fifteen days from the date of receipt of all complete applications, the telecommunication service provider is responsible for reviewing and approving the support application for the owner of the fishing vessel and establishing a confirmation of support between both parties (according to the form attached to these Circulars).

2.6. Timeframe for supporting HF radio transceivers:

The service provider enterprise shall provide support for HF radio transceivers to fishing vessel owners within the time frame specified in the annual service supply order contract.

For the service supply order contract under the 2008 Telecommunications Public Service Supply Plan of the Ministry of Information and Communications, which has been extended until February 2009.

2.7. Responsibilities of relevant agencies and units

a) The Radio Frequency Management Department (Ministry of Information and Communications) shall be responsible for organizing the issuance of permits and managing HF radio transmitting equipment for fishing vessels in accordance with state regulations.

b) Service provider enterprises:

- Shall be responsible for reporting periodically or urgently as prescribed by the Ministry of Information and Communications on the implementation of HF radio transceiver support for fishing vessel owners according to this Circular and related state regulations.

- Shall promptly raise any issues to the Ministry of Information and Communications for guidance when they arise.

- Shall publicize and notify fishing vessel owners about the state's policy on supporting the use of telecommunications public services for fishermen.

c) The Vietnam Universal Public Service Fund: shall be responsible for temporarily advancing and settling funds for service provider enterprises to implement and verify the results of implementation in accordance with state regulations.

III. IMPLEMENTATION

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

Relevant units under the Ministry of Information and Communications, service provider enterprises, and fishing vessel owners eligible for support shall be responsible for implementing this Circular accurately./.