Circular No. 14/2012/TT-BTTTT on the pricing of mobile terrestrial information service tariffs

CIRCULAR

Regulations on Tariffs for Mobile Terrestrial Information Services

____________________

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

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

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; and Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending and supplementing certain articles of Decree No. 187/2007/NĐ-CP dated December 25, 2007;

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;

At the proposal of the Director of the Telecommunications Department;

The Minister of Information and Communications issues this Circular on Tariffs for Mobile Terrestrial Information Services,

Article 1. Scope of Regulation

This Circular stipulates tariffs for mobile terrestrial information services (hereinafter referred to as mobile information services) and the management of specialized telecommunications goods in mobile information services (hereinafter referred to as specialized mobile information goods) to ensure sustainable development of mobile information services and efficient use of telecommunications resources.

Article 2. Applicability

1. State management agencies for telecommunications.

2. Telecommunications enterprises licensed by the Ministry of Information and Communications to operate mobile information services (hereinafter referred to as mobile information service enterprises).

3. Agents concluding contracts with mobile information service enterprises for the distribution of subscriber SIM cards and payment cards (hereinafter referred to as distribution agents) and organizations or individuals who conclude contracts with distribution agents to sell subscriber SIM cards and payment cards to customers.

4. Users of mobile information services (hereinafter referred to as users).

Article 3. Explanation of Terms

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

1. Specialized telecommunications goods for mobile information services include:

a) Subscriber identification module (hereinafter referred to as SIM) is a device used to attach a subscriber number and store related data and information for the provision and use of mobile information services. SIM includes:

- White SIM is SIM without a subscriber number attached.

- Subscriber SIM is SIM with a specific subscriber number attached.

b) Payment card for mobile information services (hereinafter referred to as payment card) is a prepaid card used to pay for tariffs when using mobile information services. The face value of the payment card equals the amount of money preloaded on the card.

2. Telecommunications connection is the physical and logical linking of telecommunications networks so that users of one network can access users or services of another network and vice versa. Telecommunications connection includes:

a) User network connection (hereinafter referred to as network activation) is the process of connecting terminal equipment associated with specific telecommunications resources (frequency, subscriber number, domain name, Internet address, other resources) to a telecommunications network and activating the terminal equipment associated with those telecommunications resources within the enterprise's system based on a contract concluded between the telecommunications enterprise and the user.

b) Network connection is the technical connection of telecommunications networks at any feasible point on the telecommunications network according to standards, quality, and tariffs issued by the Ministry of Information and Communications, based on an agreement between two or more telecommunications organizations or enterprises.

3. Tariffs for mobile information services are determined based on cost, supply and demand in the market, and tariff levels for telecommunications services in the region and worldwide, including:

a) Network activation fee is the amount of money paid by the user to the mobile information service enterprise when concluding a contract to obtain the right to network activation. Unit of measurement: Vietnamese Dong (VND)/one subscriber number activated.

b) Subscription fee is the amount of money paid by the user to the mobile information service enterprise to use the mobile information service provided by the enterprise during a specified period of time. Unit of measurement: VND/day or VND/month or VND/year.

c) Information fee is the amount of money paid by the user to the mobile information service enterprise to send and receive various types of information (voice, data, images) through the enterprise's telecommunications network. Unit of measurement: VND/(minute, second) or VND/(Byte, Kbyte, Mbyte) or VND/(call, file, message, other units).

4. Subscriber SIM price is the amount of money paid by the user to the mobile information service enterprise to obtain a subscriber SIM. The subscriber SIM price includes the network activation fee and the white SIM price. Unit of measurement: VND/SIM. (For example, the network activation fee for postpaid services is 35,000 VND, the white SIM price is 15,000 VND, then the subscriber SIM price for postpaid services is 50,000 VND).

Article 4. Tariff for Mobile Terrestrial Information Services

1. The tariff for network registration is set at 35,000 VND per one registered number for postpaid mobile information services and 25,000 VND per one registered number for prepaid mobile information services. The price for network registration stipulated in this Clause shall not be increased, decreased, or subject to promotional offers.

2. The one-time registration fee and immediate payment upon signing the service usage contract for postpaid mobile information services and when purchasing a SIM card for prepaid mobile information services shall be collected.

3. Network registration can only be carried out after the service user completes:

a) Signing the contract and paying for the purchase of the SIM card for postpaid mobile information services.

b) Purchasing the SIM card, registering subscriber information, and topping up the SIM card account with payment cards for prepaid mobile information services.

4. The subscription fee (if applicable) and information tariffs shall be established and implemented by mobile information enterprises in accordance with the regulations on telecommunications tariff management issued by the Ministry of Information and Communications.

Article 5. Management of Specialized Goods for Mobile Information Services

1. The price of SIM cards for subscribers shall be determined and implemented by mobile information enterprises in accordance with the regulations on telecommunications tariff management issued by the Ministry of Information and Communications. Mobile information enterprises, distributors, and organizations and individuals selling SIM cards must display the price and SIM cards for subscribers according to the prices set by the mobile information enterprises.

2. Mobile information enterprises shall not:

a) Exploit their dominant market position to sell, promote, or offer discounts on SIM cards below the total cost of white SIMs plus the network registration fees specified in Clause 1, Article 4 of this Circular when selling SIM cards to distributors and service users, thereby engaging in unfair competition and destabilizing the market.

b) Preload funds into all SIM cards circulating in the market or those that have not yet been registered.

Only mobile information enterprises may issue mobile information service payment cards. Mobile information enterprises are responsible for:

a) Notifying the types and denominations of payment cards to the Ministry of Information and Communications when issuing payment cards.

b) Monitoring and supervising distributors in the sale of SIM cards and payment cards to organizations, individuals, and service users in accordance with regulations.

Article 6. Implementation Provisions

1. THIS CIRCULAR SHALL TAKE EFFECT FROM JANUARY 1, 2013.

2. The Director of the Ministry's Office, the Director of the Telecommunications Department, the Heads of agencies and units under the Ministry, the Directors of Provincial Departments of Information and Communications, the General Directors, and the Directors of mobile information enterprises and related organizations and individuals are responsible for implementing this Circular.

Clause 3. During implementation, if there are any difficulties, they should be reported to the Ministry of Information and Communications for consideration and resolution./.