Circular No. 12/2009/TT-BTTTT stipulates the principles for re-determining the areas supplied with public telecommunications services when there is a change or adjustment to administrative boundaries or units.

CIRCULAR

Regulations on the principle of re-determining the area supplied with public telecommunications services when there is a change or adjustment to administrative boundaries or administrative units.

변경, 행정 구역 경계 및 단위 조정

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MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Post and Telecommunications Ordinance dated May 25, 2002;

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;

Pursuant to Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Post and Telecommunications Ordinance concerning telecommunications;

Pursuant to Decision No. 74/2006/QĐ-TTg dated April 7, 2006 of the Prime Minister approving the Program for Providing Public Telecommunications Services until 2010;

At the proposal of the Director of the Department of Planning and Finance,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Object and scope of application.

This Circular stipulates the principles for re-determining the areas supplied with public telecommunications services when there is a change or adjustment to the administrative boundaries or administrative units at the district and commune levels according to decisions of competent state agencies.

Article 2. Explanation of terms.

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

1. Commune within the public service area is a commune within the area supplied with public telecommunications services.

2. District within the public service area is a district where all communes and towns belong to the public service area.

3. Partial district within the public service area is a district that has both communes within the public service area and communes outside the public service area.

4. Particularly difficult commune is a commune currently listed in the list of particularly difficult communes by

Article 3. Principles for re-determining districts and communes within the public service area when there is a change or adjustment to administrative boundaries or administrative units at the district and commune levels are as follows:

1. In the case of establishing a new administrative unit or changing the name of a district-level administrative unit (including districts, cities, towns directly under provinces, hereinafter referred to collectively as districts).

a) When a new district is established from one or more districts within the public service area, the new district also belongs to the public service area.

b) When a new district is established from one or more districts (including a partial district within the public service area), the communes that were previously within the public service area will continue to be within the public service area when transferred to the new district.

c) In the case of changing the name of a district (or converting a district into a town, converting a town into a city...) then the communes that belonged to the old district and were within the public service area will continue to be within the public service area when they bear the new name of the district.

2. In the case of establishing a new administrative unit or changing the name of a commune-level administrative unit (including communes, wards, towns, hereinafter referred to collectively as communes).

a) When a new commune is established from one or more communes within the public service area, the new commune also belongs to the public service area.

b) When a new commune is established from two or more communes (including a commune not within the public service area), the new commune will not belong to the public service area. The time point for not belonging to the public service area starts from the month following the month in which the effective date of the document changing or adjusting the administrative boundaries or administrative units of the competent state agency takes effect.

c) In the case of changing the name of a commune within the public service area to a new name (or converting a commune into a town, into a ward...) then the commune with the new name or the converted commune will continue to belong to the public service area.

3. In the case of transferring a commune from one district to another district.

a) In the case of transferring a commune within the public service area to a district within the public service area, the transferred commune continues to belong to the public service area.

b) In the case of transferring a commune not within the public service area to a district within the public service area, the transferred commune will belong to the public service area. The time point for belonging to the public service area starts from the month following the month in which the effective date of the document changing or adjusting the administrative boundaries or administrative units of the competent state agency takes effect.

c) In the case of transferring a commune from a district within the public service area to a district not within the public service area, if the transferred commune is a particularly difficult commune, the transferred commune will continue to belong to the public service area.

d) In the case of transferring a commune from a district within the public service area to a district not within the public service area, if the transferred commune is not a particularly difficult commune, it will not belong to the public service area. The time point for not belonging to the public service area starts from the month following the month in which the effective date of the document changing or adjusting the administrative boundaries or administrative units of the competent state agency takes effect.

e) In the case of transferring a commune within the public service area from a partial district within the public service area to another district, the transferred commune will continue to belong to the public service area when it belongs to the new district.

Article 4. Principles for re-determining the classification of areas to apply the support rate for maintaining and developing the supply of public telecommunications services when there is a change or adjustment to administrative boundaries or administrative units.

1. Maintain the classification of areas for communes within the public service area corresponding to the cases stipulated in points b, c, clause 1, point c, clause 2, and points c, e, clause 3 of Article 3.

2. A commune within the classification of areas of a district within the public service area (to which the commune is transferred) corresponds to the cases stipulated in points a, b, clause 3 of Article 3.

3. In the case of establishing a new district from one or more districts within the public service area corresponding to the provision in point a, clause 1, Article 3, the classification of areas for the new district is based on the proportion of population in the areas transferred to the new district. The area with the highest proportion of population will be the area to which the new district belongs.

4. In the case of establishing a new commune from one or more communes within the public service area corresponding to the provision in point a, clause 2, Article 3, the classification of areas for the new commune is based on the proportion of population in the areas transferred to the new commune. The area with the highest proportion of population will be the area to which the new commune belongs.

5. The time point for applying the new classification of areas (if any) for the cases stipulated in points 3 and 4 of this Article starts from the month following the month in which the effective date of the document changing or adjusting the administrative boundaries or administrative units of the competent state agency takes effect.

Article 5. This Circular takes effect 45 days from the date of issuance.

Article 6. The Head of the Ministry’s Office, the Director of the Planning-Finance Department, the Director of the Telecommunications Department, the Chairman of the Management Board, the Chair of the Supervisory Board, the Director of the Vietnam Universal Service Fund, the Heads of relevant units under the Ministry of Information and Communications, the Directors of Provincial Departments of Information and Communications, the General Directors, the Directors of telecommunications enterprises, and the Heads of relevant units shall be responsible for implementing this Circular./.