Circular No. 14/2020/TT-BTTTT Amending and supplementing some articles of Circular No. 08/2016/TT-BTTTT dated March 30, 2016, issued by the Minister of Information and Communications guiding the implementation of the Program on Providing Public Interest Telecommunication Services until 2020.

CIRCULAR

Amending and supplementing some articles of Circular No. 08/2016/TT-BTTTT
dated March 30, 2016 issued by the Minister of Information and Communications
Guidelines for implementing the Program to provide public telecommunications services
until 2020

____________

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

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications and Decree No. 81/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decision No. 11/2014/QĐ-TTg dated January 27, 2014 of the Prime Minister on the organization and operation of the Vietnam Public Telecommunications Service Fund;

Implementing Decision No. 1168/QĐ-TTg dated July 24, 2015 of the Prime Minister approving the Program to provide public telecommunications services until 2020 and Decision No. 868/QĐ-TTg dated July 16, 2018 of the Prime Minister amending and supplementing Decision No. 1168/QĐ-TTg dated July 24, 2015 of the Prime Minister approving the Program to provide public telecommunications services until 2020;

Implementing Decision No. 2451/QĐ-TTg dated December 27, 2011 of the Prime Minister approving the Digitalization Transmission and Broadcasting Plan for Terrestrial Television until 2020 and Decision No. 310/QĐ-TTg dated March 14, 2018 of the Prime Minister amending and supplementing certain provisions of Decision No. 2451/QĐ-TTg dated December 27, 2011 of the Prime Minister approving the Digitalization Transmission and Broadcasting Plan for Terrestrial Television until 2020;

At the proposal of the Director of the Enterprise Management Department;

The Minister of Information and Communications issues this Circular amending and supplementing some articles of Circular No. 08/2016/TT-BTTTT dated March 30, 2016 of the Minister of Information and Communications guiding the implementation of the Program to provide public telecommunications services until 2020.

Article 1. Amending and supplementing some articles of Circular No. 08/2016/TT-BTTTT dated March 30, 2016 of the Minister of Information and Communications guiding the implementation of the Program to provide public telecommunications services until 2020, as follows:

1. Amend and supplement Article 1 as follows:

"3. The representative body of the owner has the responsibility to implement the Plan for Restructuring Enterprises during the Period 2021-2025 approved by the Prime Minister.

This Circular guides the organization of implementation of the Program to provide public telecommunications services until 2020 (hereinafter referred to as the Program), which was approved by the Prime Minister at Decision No. 1168/QĐ-TTg dated July 24, 2015 and Decision No. 868/QĐ-TTg dated July 16, 2018 of the Prime Minister amending and supplementing Decision No. 1168/QĐ-TTg dated July 24, 2015 of the Prime Minister approving the Program to provide public telecommunications services until 2020.”

2. Supplementing point i and point k to Clause 2, Article 8 as follows:

"i) Public telecommunications service leasing three-digit number transmission to provide broadband services for island districts;"

"k) Public telecommunications service leasing satellite transmission channels to provide broadband services for island districts."

3. Amend and supplement Article 9 as follows:

a) Point a, Clause 1 supplements the following phrase at the end of the point:

“and users calling emergency service numbers from terrestrial mobile phones.”

b) Point h, Clause 1 deletes the following phrase:

“with a speed of 2 Mbps with backup.”

c) Point c, Clause 2 deletes the following phrase:

“Cat Hai, Co To, Ly Son, Phu Quoc, Van Don.”

d) Supplementing point d and point đ to Clause 2 as follows:

"d) Telecommunications enterprises leasing satellite transmission channels to provide broadband services for island districts;"

"đ) Telecommunications enterprises leasing three-digit number transmission to provide broadband services for island districts."

4. Amending Clause 3, Article 10 as follows:

“3. Beneficiaries specified in points đ, e, g, h, i, Clause 1, Article 9; public internet access points mentioned in point b, Clause 2, Article 9 and islands within island districts provided with broadband services by telecommunications enterprises leasing satellite transmission channels or leasing three-digit number transmission as specified in points d, đ, Clause 2, Article 9 of this Circular shall be listed in the beneficiary list and confirmed by the Department of Information and Communications (Department of Culture, Information, Sports and Tourism for Bac Lieu Province).

a) New beneficiaries arising in a quarter outside the confirmed beneficiary list, the enterprise shall compile and report to the Department of Information and Communications for confirmation to support such beneficiaries from the next quarter;

b) Beneficiaries in the beneficiary list who have registered to stop receiving support, the enterprise shall compile and report to the Department of Information and Communications and cease supporting such beneficiaries.”

5. Amending and supplementing Article 15 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Conditions for receiving support

a) Ground digital television receiver: Poor households and near-poor households in areas supported for ground digital television receivers, already having analog TV sets that do not integrate DVB-T2 digital television reception functionality, without a DVB-T2 digital television receiver, and not using any pay television services such as cable television, satellite television, or Internet Protocol Television (IPTV) during the local support implementation period.

b) Satellite digital television receiver: Poor households and near-poor households in areas supported for satellite digital television receivers, already having a TV set but unable to receive and view ground digital television DVB-T2, and not using any pay television services such as cable television, satellite television, or Internet Protocol Television (IPTV) during the local support implementation period.

c) Application for support for digital television receivers must be confirmed by the commune, ward, or town as a poor or near-poor household according to Model 01/THS attached to this Circular.”

b) Amend and supplement Clause 5 as follows:

“5. Timeframe for providing support

The implementation period for support according to the roadmap of the Digital Terrestrial Television Transmission and Broadcasting Project until 2020 is stipulated in Decision No. 2451/QĐ-TTg dated December 27, 2011 of the Prime Minister and Decision No. 310/QĐ-TTg dated March 14, 2018 of the Prime Minister amending and supplementing some articles of Decision No. 2451/QĐ-TTg dated December 27, 2011 of the Prime Minister approving the Digital Terrestrial Television Transmission and Broadcasting Project until 2020 and the implementation plan of the Steering Committee for Vietnam's Digital Television Program at each stage.

6. Amending the name of Chapter III as follows:

Chapter III: INSPECTION, SUPERVISION, REPORTING, TEMPORARY ADVANCE PAYMENTS, SETTLEMENT, FINAL ACCOUNTING AND ORGANIZATION OF IMPLEMENTATION

7. Supplement Article 20a to Chapter III as follows:

Article 20a. Temporary advances, payments, final accounting of projects and contracts implementing the tasks of the Program

1. Temporary advances and payments for contracts under projects implementing the tasks of the Program shall apply the provisions set forth in Circular No. 08/2016/TT-BTC dated January 18, 2016 of the Minister of Finance on management and payment of capital investment using State budget funds and relevant laws.

2. Final accounting of completed projects shall apply the provisions set forth in Circular No. 10/2020/TT-BTC dated February 20, 2020 of the Minister of Finance on final accounting of completed projects using State funds and relevant laws.

8. Amend and supplement some Forms in the Appendix issued together with Circular No. 08/2016/TT-BTTTT dated March 30, 2016 of the Minister of Information and Communications guiding the implementation of the Public Telecommunications Service Provision Program until 2020 as follows:

a) Form 01/DV: Amend and supplement the contents of Sub-forms 02 and Sub-form 04. Specific details of the amendments and supplements are provided in Appendix 1 issued together with this Circular.

b) Form 02/DV: Add Sub-forms 07 and Sub-form 08. Specific details of the added sub-forms are provided in Appendix 1 issued together with this Circular.

c) Form 03/DV: Amend and supplement the contents of Sub-forms 02, Sub-form 08, Sub-form 10, Sub-form 11; add Sub-forms 12 and Sub-form 13. Specific details of the amendments and supplements are provided in Appendix 1 issued together with this Circular.

d) Form 05/DV: Amend and supplement the contents of Sub-forms 02, Sub-form 03, Sub-form 08, Sub-form 09, Sub-form 10, Sub-form 18, Sub-form 21, Sub-form 22; add Sub-forms 24 and Sub-form 25. Specific details of the amendments and supplements are provided in Appendix 1 issued together with this Circular.

đ) Form 06/DV: Amend and supplement the contents of Sub-forms 02 and Sub-form 04. Specific details of the amendments and supplements are provided in Appendix 1 issued together with this Circular.

e) Amend and supplement the contents of the following forms: Form 01/THS, Form 02/THS, Form 03/THS, Form 04/THS, Form 05/THS, and Form 06/THS. Specific details of the amendments and supplements are provided in Appendix 1 issued together with this Circular.

Article 2. Transitional provisions

1. Projects and procurement contracts that have been approved by competent authorities before the effective date of this Circular shall continue to be implemented in accordance with Circular No. 08/2016/TT-BTTTT dated March 30, 2016 of the Minister of Information and Communications guiding the implementation of the Public Telecommunications Service Provision Program until 2020.

2. Support for digital television receivers in 2020 shall be carried out in accordance with the provisions set forth in point a, Clause 5, Article 1 of this Circular.

3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of the amended, supplemented, or replacing documents shall apply.

Article 3. Effectiveness and Implementation

1. This Circular shall take effect from August 25, 2020.

2. The Chairmen of the People's Committees of provinces and centrally governed cities, the Heads of the Ministry's Office, the Heads of relevant agencies under the Ministry, and related organizations and enterprises shall be responsible for implementing this Circular.

3. In the course of implementation, if there are any difficulties, they should be promptly reported to the Ministry of Information and Communications for study and resolution./.