Circular No. 13/2016/TT-BTTTT stipulates certain contents related to the connection charges for inbound international telephone services.

CIRCULAR

Regulations on certain matters related to connection charges for inbound international telephone services
dịch vụ điện thoại quốc tế chiều về

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

Pursuant to the Law on Prices dated June 20, 2012;

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;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications issues this Circular regulating certain matters related to connection charges for inbound international telephone services.

Article 1. Scope of Regulation

This Circular regulates certain matters related to connection charges for inbound international telephone services paid to fixed terrestrial telecommunications networks (hereinafter referred to as fixed networks) or paid to mobile terrestrial telecommunications networks (hereinafter referred to as mobile networks) for inbound international telephone calls terminating at subscribers of fixed networks or mobile networks.

Article 2. Applicability

This Circular applies to:

1. State management agencies for telecommunications.

2. Telecommunications enterprises.

Article 3. Explanation of Terms

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

1. Volume of inbound international telephone services (hereinafter referred to as volume) is the total volume generated from international telephone calls initiated from abroad terminating in Vietnam's fixed or mobile networks.

2. Average normal payment rate for inbound international telephone services is the average level of normal payment rates for inbound international telephone services that Vietnamese telecommunications enterprises providing inbound international telephone services negotiate and sign with foreign partners during each period.

3. Adjustment ratio considered as excessively low payment rate reduction for inbound international telephone services in each period is determined as the ratio between the difference in payment rates for inbound international telephone services negotiated by the enterprise with the partner and the average normal payment rate for inbound international telephone services published by the Telecommunications Administration compared to the average normal payment rate for inbound international telephone services published by the Telecommunications Administration.

Article 4. Connection charge regulations for inbound international telephone services

1. Enterprises transfer the volume of inbound international calls paid to fixed networks or mobile networks with terminating subscribers, the connection charge is VND 1,100 per minute. This connection charge is not subject to value-added tax.

2. The connection charge under Clause 1 of this Article already includes the part of the connection charge paid to the enterprise when indirect connection through domestic long-distance networks is required.

2. Provisions on delegating authority for issuing, extending, reissuing, amending, supplementing, revoking telecommunications licenses, and requiring cessation of telecommunications service provision activities cease to be effective from the date this Circular takes effect.

Based on the business situation of inbound international telephone services, reports on payment rates of enterprises, the Telecommunications Administration is responsible for publishing the average normal payment rate for inbound international telephone services and the adjustment ratio considered as excessively low payment rate reduction for each period.

Article 6. Rights and obligations of telecommunications enterprises

1. Regarding matters related to volume:

a) Enterprises have the right to negotiate with foreign partners to agree on inbound international call volumes to Vietnam from the partner. Contracts signed with foreign partners must include economic binding provisions to ensure that foreign partners fulfill the agreed volume;

b) On the basis of the agreed volume that inbound international service enterprises have signed with foreign partners, enterprises have the right to sign agreements with subscriber enterprises to open channels according to monthly and annual plans;

c) Subscriber enterprises have the obligation not to engage in acts that limit the transfer of inbound international call volumes while ensuring measures to bind payment responsibility for connection charges, committed volumes, anti-illegal business operations of inbound international service enterprises; ensuring fairness among inbound international service enterprises with subscribers, between inbound international service enterprises with and without subscribers, and among inbound international service enterprises without subscribers.

2. Regarding matters related to the average normal payment rate for inbound international telephone services:

a) When enterprises adjust the payment rate for inbound international telephone services, they must report to the Telecommunications Administration within three days from the date the new rate is implemented;

b) Telecommunications enterprises base their negotiations with foreign partners on the Telecommunications Administration's announcement of the average normal payment rate for inbound international telephone services and the adjustment ratio considered as excessively low payment rate reduction for each period, and the connection charge stipulated in Clause 1 of Article 4 of this Circular to ensure Vietnam's interests.

3. Regarding matters related to connection and payment:

a) Telecommunications enterprises have the obligation to implement connection requests in accordance with the Connection Agreement, the provisions on connection in Circular No. 07/2015/TT-BTTTT dated March 24, 2015 issued by the Minister of Information and Communications on Telecommunications Connection and Contracts with foreign partners for inbound international telephone services;

b) Telecommunications enterprises must pay the connection charges and other types of costs as prescribed by current laws or agreements between enterprises in the field of inbound international telephone services on time and in full.

4. Regarding coordination in combating illegal operation of inbound international telephone services, inbound international service enterprises have the obligation:

a) To participate in signing and strictly implementing the Coordination Agreement to Combat Billing Fraud;

b) To strengthen coordination with other enterprises and competent authorities in preventing and combating illegal operation of inbound international telephone services.

Article 7. Effective Date

This Circular takes effect from July 15, 2016. Previous regulations related to connection charges for inbound international telephone services that conflict with the provisions of Article 4 of this Circular are abolished.

Article 8. Implementation organization

1. The Director of the Office, the Director of the Telecommunications Department, the Heads of agencies and units under the Ministry, the General Directors, the Directors of telecommunications enterprises, and other relevant organizations and individuals shall be responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, they are requested to report to the Ministry of Information and Communications (Telecommunications Department) for consideration and resolution./.