Joint Circular No. 15/2016/TTLT-BTTTT-BXD guiding the management of the construction of passive telecommunications infrastructure technical works

JOINT CIRCULAR

GUIDELINES FOR THE MANAGEMENT OF THE CONSTRUCTION OF PASSIVE TELECOMMUNICATION INFRASTRUCTURE PROJECTS

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

Pursuant to the Law on Construction promulgated on June 18, 2014;

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;

Pursuant to Decree No. 72/2012/NĐ-CP dated September 24, 2012 of the Government on management and common use of infrastructure projects;

WHEREAS, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

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;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Minister of Information and Communications and the Minister of Construction issue this Circular to guide the management of the construction of passive telecommunication infrastructure projects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the management of the construction of passive telecommunication infrastructure projects, including: telecommunications buildings and stations; public telecommunications service provision points; antenna masts (including large and small antenna masts); telecommunications cable suspension poles; underground infrastructure.

Article 2. Applicability

This Circular applies to state management agencies and organizations and individuals related to the construction activities of passive telecommunication infrastructure projects.

Article 3. Explanation of Terms

Small antenna mast refers to an antenna mast installed within and on construction works without altering the architectural design, load-bearing structure, or safety of such construction works, including:

1. Self-standing antenna masts installed on construction works with a height of the mast (including antennas but excluding lightning rods) not exceeding 20% of the height of the construction work but not more than 3 meters, and a width from the center of the mast to the outermost point of the mast structure (including armrests and antennas) not exceeding 0.5 meters.

2. Environmentally friendly antenna masts are antenna masts designed and installed hidden within the architectural design of existing construction works, mimicking railings, awnings, domes, door sills, air conditioner casings, water tanks, clock towers, sculptures, or installed discreetly on power poles, street lights, or camouflaged in other appropriate forms consistent with the surrounding environment, and having dimensions as specified in Clause 1 of this Article.

Article 4. General Principles

1. Enhance the effectiveness of state management over the construction activities of passive telecommunication infrastructure projects.

2. Passive telecommunication infrastructure projects must ensure quality and safety for people and adjacent structures; maintain scenic beauty, environmental protection, and urban aesthetics.

Article 5. Building Permit for Passive Telecommunication Infrastructure Projects

1. Prior to commencing construction of a passive telecommunication infrastructure project, the investor must obtain a building permit issued by a competent state agency in accordance with the laws on construction, except for cases exempted from obtaining a building permit as stipulated in Clause 2 of this Article. Within seven working days from the date of issuance of the building permit, the investor shall be responsible for sending one copy of the building permit to the Department of Construction (if the building permit is not issued by the Department of Construction) and one copy to the Department of Information and Communications in the area where the project is located.

2. Passive telecommunication infrastructure projects exempted from obtaining a building permit include:

a) Antenna masts belonging to an antenna mast system outside urban areas that comply with the approved planning for passive telecommunication infrastructure projects or have been approved by a competent state agency regarding the route direction;

b) Small antenna masts in urban areas that comply with the approved planning for passive telecommunication infrastructure projects;

c) Other passive telecommunication infrastructure projects that are exempted from obtaining a building permit under the laws on construction and relevant regulations.

3. The procedures, formalities, application documents, and authority for issuing building permits for passive telecommunication infrastructure projects shall be carried out in accordance with the laws on construction.

4. Investors constructing passive telecommunication infrastructure projects exempted from obtaining a building permit as stipulated in Clause 2 of this Article must send a notification letter of the commencement of construction (in the form attached as Appendix 1 to this Circular) to the People's Committee of the commune, the Department of Construction, and the Department of Information and Communications in the area where the project is located within seven working days prior to commencement.

Chapter II

IMPLEMENTATION

Article 6. Ministry of Construction

Shall take the lead and coordinate with the Ministry of Information and Communications and relevant ministries and sectors to guide and inspect the implementation of the contents of this Circular.

Article 7. Ministry of Information and Communications

Shall coordinate with the Ministry of Construction and relevant ministries and sectors to guide and inspect the implementation of the contents of this Circular.

Article 8. People's Committees of provinces and centrally governed cities

1. Direct specialized agencies under their jurisdiction to organize the implementation of the provisions of this Circular.

2. Direct the Construction Departments, Information and Communications Departments, and related units to guide, implement, and inspect the issuance of construction permits.

Article 9. Investors and organizations and individuals related to the construction of passive telecommunications infrastructure works

1. Shall comply with the provisions of this Circular and relevant laws.

2. Shall be responsible for violations before the law due to non-compliance with the provisions of this Circular and relevant laws.

3. Shall provide complete and timely documents and information related to the construction and operation of passive telecommunications infrastructure works when requested by state agencies; shall be responsible for the accuracy, reasonableness, and legality of reported data and documents before the law.

Article 10. Provisions on implementation

1. This Circular takes effect from August 15, 2016.

2. The Joint Circular No. 12/2007/TTLT-BXD-BTTTT dated December 11, 2007 between the Ministry of Construction and the Ministry of Information and Communications guiding the issuance of construction permits for mobile communication base stations in urban areas shall cease to be effective from the date this Joint Circular takes effect.

3. In the course of implementation, if any issues arise, relevant agencies, organizations, and individuals need to promptly reflect them to the Ministry of Information and Communications or the Ministry of Construction for consideration and resolution./.

ANNEX

MODEL TEXT FOR ANNOUNCING THE START DATE OF CONSTRUCTION OF PASSIVE TELECOMMUNICATION INFRASTRUCTURE WORKS (FOR PASSIVE TELECOMMUNICATION INFRASTRUCTURE WORKS EXEMPT FROM CONSTRUCTION PERMITS)

1. Investor:

- Name of investor: ...

- Contact Address: ...

- Phone number: ... Fax: ...

2. Name of work:

3. Related construction information:

3.1. Telecommunication cable suspension pole route; underground technical infrastructure:

a) Location, direction, route;

b) Function;

c) Route length;

d) Perspective drawing;

e) Start date of construction;

g) Anticipated completion date.

3.2. Antenna poles:

a) Installation location: address, coordinates;

b) Type of pole, height of pole, height of construction (if antenna pole is installed on a construction);

c) Land area used;

d) Perspective drawing of the construction;

e) Start date of construction;

g) Anticipated completion date.

3.3. Public telecommunication service provision point without attendant:

a) Construction location;

b) Type of service provision point;

c) Perspective drawing;

d) Start date of construction;

đ) Anticipated completion date.

4. Commitment:

We hereby commit to construct passive telecommunications infrastructure works in accordance with approved passive telecommunications infrastructure development plans (or approved routes for the works) and relevant laws./.