Decree No. 160/2004/NĐ-CP provides detailed regulations on the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding telecommunications.

DECREE OF THE GOVERNMENT

Regulations on the detailed implementation of certain provisions

of the Ordinance on Posts and Telecommunications regarding telecommunications

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Posts and Telecommunications,

DECREE:

PART I

General Provisions

Article 1. Scope of application

1. This Decree provides detailed implementation of certain Articles of the Ordinance on Posts and Telecommunications regarding telecommunications which was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam on May 25, 2002.

2. The management, provision, and use of Internet services shall be carried out in accordance with Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government and related provisions of this Decree.

Article 2. Applicability

1. This Decree applies to organizations and individuals of Vietnam; foreign organizations and individuals participating in telecommunications activities in Vietnam in the following fields: establishment of telecommunications networks; provision and use of telecommunications services; production and import/export of telecommunications equipment; construction and installation of telecommunications works.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations on telecommunications from those stipulated in this Decree, such treaties shall be applied.

Article 3. Ensuring the security of telecommunications networks and information security

1. Telecommunications networks are national information infrastructure and must be protected and not violated. Local authorities, military units, and telecommunications enterprises have the responsibility to cooperate with each other to protect public telecommunications networks. Owners of private telecommunications networks, dedicated telecommunications networks, telecommunications service agents, and users have the responsibility to protect their own telecommunications networks and terminal equipment, actively participate in protecting public telecommunications networks, and report to telecommunications enterprises or competent state agencies about acts of destroying or violating public telecommunications networks.

2. During participation in telecommunications activities, agencies, organizations, and individuals have the responsibility to ensure the security of telecommunications networks and information security; they are subject to management, inspection, and supervision by competent state agencies and must comply with requirements for ensuring the security of telecommunications networks and information security.

3. In case of emergency as defined by laws on emergency situations, part or all of the telecommunications network may be mobilized for service according to the decision of a competent state agency.

4. Upon request of a competent state agency, telecommunications enterprises have the responsibility to arrange land areas, network access points, and other necessary technical and operational conditions for these agencies to perform their tasks of monitoring and ensuring information security.

5. Telecommunications enterprises coordinate with specialized units of the Ministry of Public Security to urgently block and stop providing services to cases causing violence, riots, using telecommunications and Internet services to infringe upon national security, and opposing the Socialist Republic of Vietnam.

6. The Ministry of Posts and Telecommunications coordinates with the Ministry of Public Security and relevant agencies to guide the assurance of the security of telecommunications networks and information security in telecommunications activities.

Article 4. Ensuring confidentiality of information

1. Agencies, organizations, and individuals participating in telecommunications activities must comply with laws on protecting state secrets and bear legal responsibility for the content of information that they put into, store, and transmit over telecommunications networks.

2. Information classified as state secrets transmitted over telecommunications networks must be encrypted in accordance with laws on cryptographic matters. The use of cryptographic techniques to ensure the confidentiality of information in commerce and civil affairs must comply with legal regulations.

3. Confidentiality of personal information transferred through telecommunications and Internet networks of all organizations and individuals is guaranteed in accordance with the law. It is strictly prohibited to eavesdrop, intercept information on telecommunications networks; steal, misuse passwords, cryptographic keys, and personal information of organizations and individuals.

4. Telecommunications enterprises have the responsibility to ensure the confidentiality of personal information related to telecommunications service users including name, address, calling number, called number, call time, and other personal information provided by users when concluding contracts with enterprises, except in the following cases:

a) Users of telecommunications services agree to provide the above information;

b) Telecommunications enterprises have written agreements among themselves to exchange information about telecommunications service users who violate telecommunications laws to prevent acts of evading contractual obligations;

c) Telecommunications enterprises have written agreements among themselves to exchange and provide information related to telecommunications service users to serve billing, printing of bills, and collection of customer payments;

d) When requested by a competent state agency in accordance with the law.

5. Control of information on telecommunications and Internet networks must be conducted by competent state agencies in accordance with the law. Telecommunications enterprises, owners of private telecommunications networks, agents, and users of telecommunications services have the responsibility to closely cooperate and provide all relevant information to competent state agencies to detect, prevent, and handle acts of exploiting telecommunications networks for terrorist activities, infringing upon national security, and disrupting social order and safety.

Chapter II

Telecommunications Networks and Services

Section 1

Terminal Equipment and Internal Networks

Article 5. Subscriber Terminal Equipment and Internal Networks

1. Subscriber terminal equipment is fixed or mobile terminal equipment of users connected to the public telecommunications network through the end point of the public telecommunications network.

2. Subscriber terminal equipment is divided into:

a) Single-line subscriber terminal equipment is terminal equipment without switching or call connection functions including: fixed telephone sets, mobile telephone sets, fax machines, messaging devices, modems, wireless Internet access terminals, computers, and devices combining the functions mentioned above;

b) Multi-line subscriber terminal equipment is terminal equipment with switching and call connection functions including: PBX switches, wireless Internet access gateways, and devices with call connection functions;

c) Other subscriber terminal devices as prescribed by the Ministry of Posts and Telecommunications.

3. Subscriber terminal devices included in the mandatory certification list for compliance with standards, and subscriber terminal devices emitting radio waves that wish to be used on public telecommunications networks must comply with regulations on certification for compliance with standards and regulations on frequency management and the use of radio wave transmitting equipment.

4. An internal network is a system of telecommunications equipment established at a specific location with a defined address and scope by an organization or individual (hereinafter referred to as the internal network owner) for lawful exclusive use by the internal network owner to ensure internal communication among members of the network. In cases where the internal network owner is an individual, the members of the network are members of the household headed by the internal network owner or persons authorized by the head of the household in accordance with the law. In cases where the internal network owner is an organization, the status of membership in the network shall be determined according to the operational charter, organizational structure regulations of the organization, or other relevant legal provisions.

5. Internal networks are divided into wired internal networks (telecommunications equipment interconnected by telecommunication cables) and wireless internal networks (radio equipment interconnected by radio waves or a combination of radio waves and telecommunication cables).

Article 6. The end point position of a public telecommunications network

1. The end point of a public telecommunications network is a physical connection point within the telecommunications network in accordance with technical standards to ensure the connection of the user's terminal equipment to the telecommunications network.

2. The end point of a public telecommunications network delineates the economic and technical responsibility boundaries between the telecommunications enterprise and the service user. The range from the end point towards the user is the responsibility of the user. The range from the end point towards the enterprise is the responsibility of the enterprise.

3. In cases where a telecommunications network is used to provide telecommunications services to users through a local loop (subscriber line or trunk line), unless otherwise agreed upon in the contract between the telecommunications enterprise and the service user, the position of the end point of the public telecommunications network is determined to be the subscriber side of:

a) The last cable headbox installed at the subscriber's premises; or

b) The subscriber line headbox or wiring panel of the transmission equipment installed at the subscriber's premises if the condition specified in point a above is not satisfied; or

c) The first jack connecting the subscriber terminal equipment (closest to the user) at the subscriber's premises, if the conditions specified in points a and b above are not satisfied.

4. In cases where a telecommunications network is used to provide telecommunications services to users through satellite equipment (including transmitting or transmitting/receiving equipment) or a ground station, or a radio access gateway for Internet provided by the telecommunications enterprise, unless otherwise agreed upon in the contract between the telecommunications enterprise and the service user, the position of the end point of the public telecommunications network is determined to be the antenna of the satellite equipment or the antenna of the ground station or the antenna of the radio access gateway for Internet.

Article 7. Installation, design, installation, maintenance, repair, and interconnection of subscriber terminal equipment and internal networks

1. Service users may purchase subscriber terminal equipment themselves or lease it from telecommunications enterprises; they may undertake maintenance and repair of their own subscriber terminal equipment and internal networks themselves or hire other organizations or individuals to do so.

2. Service users may undertake the design and installation of subscriber terminal equipment and internal networks up to the end point of the public telecommunications network within their premises themselves or hire other organizations or individuals to do so. The design and installation of subscriber terminal equipment and internal networks must comply with state procedures and regulations and the regulations of the Ministry of Posts and Telecommunications on construction and installation of telecommunications networks and telecommunications equipment.

3. The interconnection of subscriber terminal equipment and internal networks to the public telecommunications network shall be carried out by telecommunications enterprises through contracts with service users.

4. When interconnecting subscriber terminal equipment and internal networks to the public telecommunications network, telecommunications enterprises have the right to refuse interconnection and require service users to rectify deficiencies if they discover and have sufficient grounds to conclude that the installation of subscriber terminal equipment and internal networks:

a) Does not meet technical standards as prescribed by the Ministry of Posts and Telecommunications; or

b) Causes safety risks to the public telecommunications network, the telecommunications enterprise, and the service user; or

c) Does not ensure the intended purpose of service use as stipulated in telecommunications regulations or the terms of the telecommunications service provision and usage contract.

5. For subscriber terminal equipment and internal networks connected to private lines, VSAT ground stations, or Internet, service users must ensure that the equipment is used for the purposes stated in the telecommunications service provision and usage contract. Service users may not use or allow others to use subscriber terminal equipment or internal networks to relay calls from non-owned terminal equipment or external network terminal equipment through private lines, VSAT ground stations, or Internet in either direction.

Section 2

Telecommunications Network

Article 8. Public Telecommunications Network

1. A public telecommunications network includes:

a) Fixed telecommunications network:

Ground-based fixed telecommunications network;

Satellite fixed telecommunications network.

b) Mobile telecommunications network:

Ground-based mobile telecommunications network;

Satellite mobile telecommunications network.

c) Other public telecommunications networks as prescribed by the Ministry of Posts and Telecommunications.

2. Management and operation of public telecommunications networks.

a) The Ministry of Posts and Telecommunications:

Establish, promulgate, or submit to the Prime Minister for approval strategies and plans for the development of telecommunications, including plans for telecommunications networks and information resources.

Submit to the Prime Minister for decision on establishing or suspending telecommunications relations with foreign countries.

Decide on closing or opening long-distance telecommunications communication routes within the country for public welfare, security, and defense after reaching a consensus with the Ministry of Public Security and the Ministry of National Defense.

b) Ministries, sectors, local authorities at all levels, and the Ministry of Posts and Telecommunications shall be responsible for coordinating to ensure:

Planning, designing, and constructing urban areas, residential areas, industrial zones, export processing zones, high-tech zones, new economic zones, and other public works include planning for telecommunications facilities such as telecommunication centers, public service points, antenna towers, manholes, cable tanks, indoor cables, etc.

Microwave, optical fiber, and copper cable transmission lines shall be laid along roads, bridges, culverts, sidewalks, streets, and power lines.

Other public and civilian construction projects shall not affect or obstruct the operation of existing telecommunications network facilities constructed according to the plan.

c) Telecommunications organizations and enterprises when establishing and operating telecommunications networks must ensure:

Compliance with approved development plans by competent state agencies.

Possession of a telecommunications license issued by the Ministry of Posts and Telecommunications in accordance with this Decree.

Possession of a Decision allocating information resources (if applicable) issued by the Ministry of Posts and Telecommunications.

Compliance with industry standards, Vietnamese standards, and international standards for installation and construction of telecommunications networks and facilities issued or compulsorily applied by competent state agencies.

Not causing harm to the environment or other socio-economic activities.

Article 9. Intra-city loop network

1. The intra-city loop network is a part of the public telecommunications network consisting of subscriber lines and trunk lines connecting the intra-city switch of a telecommunications enterprise with the end-user terminal equipment of service users.

2. Subscriber lines are wired or wireless transmission lines connecting the intra-city switch of a telecommunications enterprise with the single-line end-user terminal equipment of a user.

3. Trunk lines are wired or wireless transmission lines connecting the intra-city switch of a telecommunications enterprise with the multi-line end-user terminal equipment of a user. According to technical standards, trunk lines are classified into subscriber trunks, analog trunks, and digital trunks.

Article 10. National backbone telecommunications system

1. The national backbone telecommunications system is a part of the public telecommunications network, comprising domestic and international long-distance transmission lines and international gateways, which are particularly important for the operation of the entire national telecommunications network and directly impact economic and social development, ensuring national security and defense.

2. The Ministry of Posts and Telecommunications performs state management functions over the national backbone telecommunications system through mechanisms, policies, regulations on licensing; interconnection of telecommunications networks; standards, quality, and rates for interconnection and channel leasing; and shared use of national information infrastructure.

3. Enterprises providing network infrastructure with a license to establish a public fixed long-distance or international telecommunications network may establish a national backbone telecommunications system and operate long-distance channel leasing services domestically or internationally.

4. Enterprises providing network infrastructure with only a license to establish a public mobile telecommunications network may establish intra-city and domestic long-distance transmission lines to connect their own systems' equipment but may not use these lines to provide channel leasing services and may not establish international gateways.

5. Other telecommunications enterprises may not establish a national backbone telecommunications system but may lease domestic and international long-distance channels to set up networks and provide telecommunications services in accordance with their licenses.

Article 11. Radio wave transmission

1. Radio wave transmission involves transmitting symbols, signals, data, writing, sound, images, and other forms of information via cables, radio waves, optical means, and other electromagnetic means.

2. The Ministry of Posts and Telecommunications performs state management functions over radio wave transmission nationwide:

a) Submitting to the Prime Minister for issuance of strategies and plans for the development of radio wave transmission nationwide; organizing and directing the implementation of strategies and plans already approved by the Prime Minister.

b) Issuing legal normative documents on licensing, frequencies, standards, quality, and rates to implement state management in the field of radio wave transmission.

c) Organizing inspections, supervision, and handling of violations of laws in the field of radio wave transmission; taking the lead and coordinating with the Ministry of National Defense and the Ministry of Public Security to inspect and control radio wave transmission for defense and security purposes.

3. Development plans related to radio wave transmission that are submitted to the Prime Minister for approval must first be reviewed by the Ministry of Posts and Telecommunications for consistency with strategies, plans, and legal provisions on radio wave transmission.

Article 12. Private telecommunications network

1. A private telecommunications network is a telecommunications network established by the owner of a private telecommunications network to ensure information exchange among its members, consisting of two or more telecommunications devices installed at different locations with defined addresses and scopes within Vietnam's territory, which members have full rights to use in accordance with the law and are connected to each other through the public telecommunications network or via leased or self-built transmission lines.

2. A private telecommunications network operator is an agency, organization, or enterprise in Vietnam, or a foreign agency or organization operating within the territory of Vietnam, which is permitted to establish a private telecommunications network in accordance with regulations. Members of the network are members of the agencies, organizations, or enterprises that are permitted to establish the network. The status of membership is determined according to the operational charter, legal documents regulating the organizational structure of the agencies, organizations, or enterprises, or other relevant legal provisions.

3. Based on the transmission method used to establish the network, private telecommunications networks are classified into wired private networks (telecommunications devices connected by telecommunications cables) and wireless private networks (telecommunications devices connected by radio waves or a combination of radio waves and telecommunications cables).

4. Private telecommunications networks must have a network establishment permit, including:

a) A private telecommunications network where the members of the network are Vietnamese agencies, organizations, or enterprises, or foreign agencies or organizations legally operating in Vietnam with similar activities or purposes and linked through an operational charter or legal regulations stipulating a common organizational structure or form of association and joint operation among members;

b) A wired private telecommunications network with self-built transmission lines;

c) Fixed satellite and mobile satellite private telecommunications networks, except for private satellite networks used in maritime, air, broadcasting (radio, television), and amateur radio operations;

d) Wireless private telecommunications networks of diplomatic representative agencies, foreign consular agencies, and international organizations' representative offices enjoying diplomatic privileges and immunities located in Vietnam;

đ) Other private telecommunications networks as prescribed by the Ministry of Posts and Telecommunications.

5. In addition to the private telecommunications networks specified in Clause 4 of this Article, other private telecommunications networks do not require a network establishment permit but must comply with regulations on connection, numbering, frequency usage permission, and radio wave transmitting equipment.

Section 3

Telecommunication Services

Article 13. Classification of Telecommunication Services

1. Basic telecommunication services are services that immediately transmit user information in the form of symbols, signals, data, writing, sound, images through a telecommunications network or the Internet without changing the type or content of the transmitted and received information.

2. Basic services include:

a) Fixed telecommunication services (local, long-distance domestic, international):

Telephone services (voice, fax, data transmission over voice channels);

Data transmission services;

Television signal transmission services;

Leased line services;

Telex services;

Telegraph services.

b) Mobile telecommunication services (regional, nationwide):

Land mobile information services;

Radio trunking telephone services;

Messaging services;

c) Fixed satellite telecommunication services;

d) Mobile satellite telecommunication services;

đ) Marine radio services;

e) Other basic services as prescribed by the Ministry of Posts and Telecommunications.

3. Supplementary services are additional services provided concurrently with basic services, enriching and perfecting them based on the technical features of the equipment or the service capacity of telecommunications enterprises. Telecommunications enterprises define and announce supplementary services they provide.

4. Value-added services are services that enhance the value of user information by improving the form or content of the information or providing storage and retrieval capabilities for such information based on the use of telecommunications networks or the Internet. Value-added services include:

a) Email services;

b) Voice mailbox services;

c) Data and information access services on the network;

d) Electronic data exchange services;

đ) Enhanced fax services including storage and sending, storage and retrieval;

e) Code and protocol conversion services;

g) Network-based data and information processing services;

h) Other value-added services as prescribed by the Ministry of Posts and Telecommunications.

5. Internet services include:

a) Internet connection services;

b) Internet access services;

c) Internet application services in telecommunications.

6. Based on the Postal and Telecommunications Development Strategy and market planning for telecommunication services in each period, the Ministry of Posts and Telecommunications issues a list of basic and value-added telecommunication services.

Article 14. Resale of Telecommunication Services

1. Reselling telecommunication services is a form of directly purchasing telecommunication services from telecommunications enterprises based on leasing capacity or buying traffic through contracts signed with telecommunications enterprises to provide telecommunication services to users. Reselling telecommunication services includes end-user reselling and resale based on leasing long-distance domestic and international circuits.

2. End-user reselling:

a) When reselling end-user services, all organizations and individuals must register their business, pay taxes as prescribed by law, sign an agency contract for reselling services with a telecommunications enterprise, and comply with regulations on managing resale service tariffs;

b) For fixed telecommunication services, organizations and individuals may establish fixed subscriber terminal equipment systems within the premises they legally have full rights to use and resell services to users within those premises according to the agreed type and quality in the agency contract based on leasing local loops (trunk lines, subscriber lines) of the telecommunications enterprise;

c) For mobile telecommunication services, organizations and individuals may provide (sell or lease) mobile subscriber terminal equipment and resell services to users according to the agreed type and quality in the agency contract based on purchasing traffic from the telecommunications enterprise.

3. Resale based on leasing long-distance domestic and international circuits:

a) A telecommunications infrastructure provider may install telecommunication equipment within the premises it legally has full rights to use to resell telecommunications services nationwide based on leasing domestic and international long-distance channels from other telecommunications businesses;

b) A telecommunications service provider may install telecommunication equipment within the premises it legally has full rights to use to resell telecommunications services within industrial zones, export processing zones, high-tech zones based on leasing domestic and international long-distance channels from other telecommunications businesses. Based on the strategy and planning for telecommunications development, the Ministry of Posts and Telecommunications shall consider and decide on cases of reselling telecommunications services outside industrial zones, export processing zones, and high-tech zones.

4. The Ministry of Posts and Telecommunications shall specify technical and operational issues related to reselling telecommunications services such as: the list of telecommunications services permitted to be resold, entities permitted to resell services, scope of resale, resale tariffs, numbering, connection, channel leasing.

Article 15. Telecommunications Service Provision and Usage Contract

1. The provision and usage of telecommunications services shall be carried out based on a contract concluded between a telecommunications business and the service user.

2. The telecommunications service provision and usage contract may be expressed in writing, verbally, through payment methods, or by specific actions as prescribed by law.

3. In the case where the telecommunications service provision and usage contract is executed in writing:

a) Based on the provisions of the law on contracts and the regulations of the Ministry of Posts and Telecommunications, the telecommunications business shall be responsible for drafting and promulgating model contracts for the provision and usage of telecommunications services to implement uniformly throughout the business. To ensure the interests of telecommunications service users, the Ministry of Posts and Telecommunications shall stipulate that for certain essential universal telecommunications services, the telecommunications business shall be responsible for drafting model contracts and submitting them to the Ministry of Posts and Telecommunications for approval;

b) Apart from the main contents specified in the model contract, the parties concluding the contract may agree on other contents in the contract, but they must not contravene the provisions of the law, nor infringe upon the interests of the State, public interest, or the legitimate rights and interests of other organizations and individuals.

Article 16. Refusal to Provide Services

In addition to the general provisions of the law on contracts, a telecommunications business has the right to refuse to conclude a contract or unilaterally suspend the performance of a contract with a service user in the following cases:

1. The service user violates telecommunications laws as concluded by a competent state agency and does not fulfill their responsibilities according to the handling conclusion of the document.

2. The service user breaches the terms of the contract agreed by both parties as conditions for suspending the contract.

3. The service user evades the obligation to pay service charges as stipulated with another telecommunications business if there is a written agreement among the telecommunications businesses regarding this issue.

Article 17. Business Communication and Emergency Communication

1. Business Communication:

a) Telecommunications businesses are permitted to use domestic and international business communication through telecommunications networks established by the business for management, operation, technical and business handling;

b) Telecommunications businesses shall be responsible for defining the objects, scope, level of use, and issuing internal regulations on managing business communication in accordance with the regulations of the Ministry of Posts and Telecommunications;

c) Fees for business communication services of telecommunications businesses are exempted.

2. Emergency Communication:

a) Telecommunications businesses shall be responsible for ensuring priority service for emergency communication cases as prescribed in Article 7 of the Postal and Telecommunications Ordinance;

b) Emergency services are local telephone services used to call emergency numbers of police, fire rescue, medical emergency, and other agencies as prescribed by the Ministry of Posts and Telecommunications;

c) The Ministry of Posts and Telecommunications shall prescribe emergency numbers in the national telecommunications numbering plan. Telecommunications businesses shall be responsible for informing users, publishing in public telephone directories, and announcing on mass media the emergency numbers prescribed by the Ministry of Posts and Telecommunications;

d) Telecommunications businesses shall be responsible for providing access capability and fee exemption for emergency services to service users.

Article 18. Subscriber Number and Public Telephone Directory

1. A subscriber number is a set of digits entered by a service user on a terminal device to connect to another service user within the same numbering area or network.

2. A public telephone directory is a collection of information related to the name, address, subscriber number, and other relevant information (if any) of service users, stored in traditional or electronic form and published and managed by telecommunications businesses in accordance with the regulations of the Ministry of Posts and Telecommunications.

3. Service users have the right to register or refuse to register their subscriber number in the public telephone directory. If a service user refuses to register their subscriber number in the public telephone directory, the telecommunications business shall be responsible for keeping confidential the related information about the user, except in cases prescribed in Clause 4 of Article 4 of this Decree.

Article 19. Assistance in Searching for Subscriber Numbers

1. The assistance in searching for subscriber numbers service is a telephone service provided by telecommunications businesses to help service users search for local subscriber numbers managed by the business and registered in the public telephone directory. When a service user calls the assistance in searching for subscriber numbers service number of a telecommunications business and provides relevant information about the name or address of the service user, they will be informed of the local subscriber number needed to be searched.

2. The Post and Telecommunications Ministry shall specify the telephone number for the service to assist in querying mobile subscriber numbers in the National Numbering Plan.

3. Telecommunication enterprises shall be responsible for informing service users, listing such numbers in public telephone directories, and announcing them through mass media as specified by the Post and Telecommunications Ministry.

4. Telecommunication enterprises shall be responsible for providing access capability and free charges for the service to assist in querying mobile subscriber numbers to service users through the following methods:

a) Organizing implementation themselves; or

b) Entrusting another organization or telecommunication enterprise to implement through a contract signed with that organization or enterprise.

Article 20. Reporting Faulty Subscriber Numbers

1. The service for reporting faulty subscriber numbers of public telephone networks is a telecommunication service provided by telecommunication enterprises to enable service users to inform the enterprise about abnormal operation or loss of contact with fixed-line subscribers managed by the enterprise and request repair.

2. The Post and Telecommunications Ministry shall specify the telephone number for the service to report faulty subscriber numbers of fixed-line telecommunication networks in the National Numbering Plan. Telecommunication enterprises shall be responsible for informing service users, listing such numbers in public telephone directories, and announcing them through mass media as specified by the Post and Telecommunications Ministry.

3. Telecommunication enterprises shall be responsible for providing access capability and free charges for the service to report faulty subscriber numbers to service users.

Article 21. Issuing Invoices and Paying Charges

1. Telecommunication enterprises shall be responsible for issuing accurate, complete, and timely invoices for service charges to service users. Service users shall be responsible for paying service charges promptly and fully according to the prescribed rates.

2. Invoices for service charges must accurately, completely, and clearly include at least the following contents:

a) Charge rates for each type of telecommunication service;

b) Total amount of charges to be paid;

c) Exchange rate applied for foreign currency payments and Vietnamese Dong (if applicable);

d) Value Added Tax (VAT).

3. For monthly invoicing under contracts, except where the user requests otherwise, telecommunication enterprises shall be responsible for providing or entrusting another telecommunication enterprise through a contract to provide a detailed statement free of charge along with the invoice for service users regarding:

a) Domestic long-distance calls;

b) International calls;

c) Calls to mobile information networks.

4. Unless otherwise agreed between the telecommunication enterprise and the service user, the detailed statement accompanying the invoice for payment of service charges must include at least the following information for each charged call:

a) Date, month, year of the call;

b) Start time and end time or start time and total duration of the call;

c) Called number (for international calls: country code, area code, subscriber number; for domestic calls: area code, subscriber number);

d) Charge for each call.

Article 22. Provision and Use of Telecommunication Services Across Borders

1. The provision of telecommunication services by foreign telecommunication enterprises across borders to telecommunication service users on the mainland territory of Vietnam must be through a business contract or commercial agreement with the Vietnamese enterprise managing and operating the international gateway.

2. The use of telecommunication services by users on the mainland territory of Vietnam must be carried out through the conclusion of a contract with a Vietnamese telecommunication enterprise.

3. Based on international practices, regulations on aviation and maritime safety, and the capacity of Vietnamese telecommunication enterprises to provide services, the Post and Telecommunications Ministry shall specify the provision and use of telecommunication services across borders for ships, boats, and aircraft in Vietnam's airspace and territorial waters, and other special cases.

4. Vietnamese telecommunication enterprises permitted to provide services abroad must comply with Vietnamese laws and the laws of the country where they deploy their services.

Chapter III

Providers and Users of Services

Article 23. Telecommunication enterprises with dominant market share in telecommunication services

1. A telecommunication enterprise with a dominant market share in telecommunication services is an enterprise holding more than 30% of the revenue or traffic volume for a specific type of telecommunication service in the permitted service area, which may directly affect the entry of other telecommunication enterprises into that service market.

2. Annually, the Post and Telecommunications Ministry shall determine and announce telecommunication enterprises with a dominant market share in telecommunication services.

3. Telecommunication enterprises with a dominant market share in telecommunication services shall have rights and obligations as stipulated in Clause 2, Article 39 of the Postal and Telecommunications Ordinance dated May 25, 2002.

Article 24. Telecommunication Enterprises Holding Essential Facilities

1. A telecommunication enterprise holding essential facilities is a telecommunication enterprise holding more than 30% of the loop capacity within the permitted service area or more than 30% of the national or international long-distance transmission channel capacity, or more than 30% of the base stations of the terrestrial mobile information network.

2. Annually, the Post and Telecommunications Ministry shall determine and announce telecommunication enterprises holding essential facilities.

3. Telecommunication enterprises holding essential facilities shall be responsible for:

a) Planning and investing in the construction of telecommunication networks to ensure the capacity to connect networks and transmit traffic volumes of telecommunication services;

b) Create favorable conditions for negotiations and implementation of network interconnection and service provision among telecommunications networks of telecommunications enterprises in a fair and reasonable manner based on efficient use of telecommunications resources, shared connection positions and technical infrastructure through interconnection agreements between parties.

c) Develop and submit to the Ministry of Posts and Telecommunications for approval model interconnection agreements to be applied uniformly to telecommunications enterprises requesting interconnection.

Article 25. Telecommunication Service Agency

1. Organizations and individuals wishing to provide telecommunication services to users through a telecommunication service agency must enter into a telecommunication service agency contract with a telecommunications enterprise and register their business operations in accordance with the provisions of the law. Telecommunication service agencies are divided into commission-based agencies and resale agencies.

2. Commission-based agencies may establish single-line subscriber terminal equipment at locations where they have full legal rights to use; connect the subscriber terminal equipment to the public telecommunications network via subscriber lines to provide telecommunication services at that location in accordance with the type, quality, and tariff rates specified and earn commissions.

3. Resale agencies may establish systems of single-line and multi-line subscriber terminal equipment within the scope of locations where they have full legal rights to use; connect the system of subscriber terminals to the telecommunications network via trunk lines or subscriber lines to resell end-user services at that location in accordance with the regulations on service resale issued by the Ministry of Posts and Telecommunications.

4. Based on the provisions of the law on contracts and the regulations of the Ministry of Posts and Telecommunications, telecommunications enterprises are responsible for developing and promulgating model telecommunication service agency contracts to be uniformly implemented within the enterprise.

5. Telecommunication service agencies are subject to inspection and supervision by the Ministry of Posts and Telecommunications and other competent state agencies regarding the provision of telecommunication services.

Article 26. Reporting System of Telecommunications Enterprises

1. The Ministry of Posts and Telecommunications prescribes and issues reporting forms to be uniformly applied to telecommunications enterprises.

2. Telecommunications enterprises are responsible for regularly or promptly reporting to the Ministry of Posts and Telecommunications about their production, business, technical, and operational activities as required by the Ministry of Posts and Telecommunications and shall bear responsibility for the accuracy and timeliness of the contents and figures reported.

3. Telecommunications enterprises are responsible for substantiating the figures reported upon request from the Ministry of Posts and Telecommunications and creating conditions for the Ministry of Posts and Telecommunications to audit the reported figures when necessary.

4. Telecommunications enterprises violating the reporting system will be dealt with according to current laws.

Chapter IV

Interconnection

Section 1

Interconnection of Public Telecommunication Networks

Article 27. Principles of Interconnection

The Ministry of Posts and Telecommunications develops and promulgates Interconnection Regulations based on the following principles:

1. Telecommunications enterprises have the right to request interconnection of their telecommunications networks with those of other enterprises, while also having the obligation to allow other telecommunications enterprises to interconnect with their networks or services under fair and reasonable conditions.

2. Interconnection of telecommunications networks must be carried out based on the efficient use of telecommunications resources and technical infrastructure already invested in and constructed.

3. Ensuring freedom for service users:

a) To freely choose telecommunications enterprises easily and conveniently;

b) To communicate with any user without regard to which telecommunications enterprise that user has contracted with;

c) To receive services and pay tariffs in a convenient and reasonable manner.

4. Ensuring technical requirements for interconnection:

a) Adhering to interconnection standards issued by the Ministry of Posts and Telecommunications;

b) Ensuring the safety and integrity of each network and the entire public telecommunications network.

5. Interconnection tariffs are established based on costs, reasonably allocated according to network components or service stages, without discrimination among different types of services. In cases where interconnection tariffs include contributions to the provision of public telecommunications services, these contributions must be clearly defined.

Article 28. Model Interconnection Agreement

1. Telecommunications enterprises holding essential facilities are responsible for developing a Model Interconnection Agreement with transparent and non-discriminatory terms to be submitted to the Ministry of Posts and Telecommunications for approval.

2. After approval, the Model Interconnection Agreement is publicly announced to be uniformly applied to all telecommunications enterprises requesting interconnection.

3. Apart from the main contents prescribed in the model interconnection agreement, participating enterprises may negotiate additional terms in the agreement, but such terms must not contravene the law, infringe upon national interests, public interest, or the lawful rights and interests of other organizations and individuals.

Article 29. Interconnection Point

1. An interconnection point is a location on the line connecting two telecommunications networks, delineating economic and technical responsibilities between two telecommunications enterprises.

2. The geographical location of the interconnection point: if there is no other agreement in the interconnection agreement of participating enterprises or specific requirements from the Ministry of Posts and Telecommunications, the geographical location of the interconnection point is defined as follows:

a) For local calls, the geographical location of the interconnection point is the local exchange or tandem local exchange;

b) For long-distance domestic calls, the geographical location of the interconnection point is the tandem local exchange or long-distance exchange;

c) For international calls, the geographical location of the interconnection point is the long-distance exchange or international exchange;

d) For mobile calls, the geographical location of the interconnection point is the tandem local exchange, long-distance exchange, or mobile exchange.

3. The position of the interconnection point in the network structure is the trunk gateway of the interconnected exchanges.

4. The number of interconnection points is agreed upon by participating telecommunications enterprises, but must comply with the interconnection principles stipulated in Article 27 of this Decree.

Article 30. Common use of positions and common use of infrastructure

1. Common use of positions.

a) Telecommunications enterprises participating in connection shall apply the principle of common use of positions for connection points at all practical locations to enhance the efficiency of land use, reduce costs, and facilitate participating enterprises.

b) There are two methods of common use of positions: actual common use of positions and virtual common use of positions. The method of virtual common use of positions is only applied when the actual common use of positions cannot be implemented due to the inability of the connection service provider to arrange land and other necessary conditions.

2. Common use of infrastructure.

a) Infrastructure includes buildings, conduits, cable pits, cable poles, antenna towers, internal cable routes, and auxiliary equipment in the building housing the connection equipment, as well as other means that need to be commonly used in a thrifty and efficient manner, avoiding overlapping investment and construction, and facilitating connection, if the requirements proposed are reasonable, economically feasible, technically sound, and consistent with current legal regulations.

b) The common use of infrastructure is carried out through contracts based on agreements between enterprises. In certain cases necessary for connection and establishment of telecommunications networks, to ensure national interests, enterprise interests, and user interests, the Ministry of Posts and Telecommunications will decide on the common use of telecommunications infrastructure if the enterprises cannot reach an agreement.

Section 2

Dedicated network telecommunication connection,

specialized network telecommunication with public network telecommunication

Article 31. Principles of Interconnection

The connection of dedicated network telecommunication, specialized network telecommunication with public network telecommunication must comply with the following principles:

1. Dedicated network telecommunication, specialized network telecommunication must meet the technical standards of public network telecommunication.

2. Implemented through a written connection contract between the telecommunications enterprise and the owner of the dedicated network telecommunication, the owner of the specialized network telecommunication.

3. Not to use dedicated network telecommunication, specialized network telecommunication to transfer calls domestically and internationally between external terminal devices in any manner (automatically or manually) in both directions.

4. Not to directly connect dedicated network telecommunication, specialized network telecommunication with each other, except where permitted by the Ministry of Posts and Telecommunications.

Article 32. Interconnection Point

1. Dedicated network telecommunication is allowed to connect to the public network telecommunication at local exchange offices, local tandem exchanges, and other connection points specified by the telecommunications enterprise via trunk lines.

2. Specialized network telecommunication is allowed to connect to the public network telecommunication at local exchange offices, local tandem exchanges, long-distance exchanges, and other connection points specified by the telecommunications enterprise via trunk lines.

Article 33. Common use of infrastructure

1. In the case where the owner of the dedicated network telecommunication, the owner of the specialized network telecommunication builds the transmission route according to the license to establish the network, the network owner shall be fully responsible for the installation, operation, and maintenance of the trunk line. The telecommunications enterprise has the responsibility to arrange the land for installing transmission equipment (if any), conduits, cable pits, poles, antenna towers, and accompanying equipment such as power sources, air conditioners, etc., for the owner of the dedicated network telecommunication, the owner of the specialized network telecommunication at their own connection exchange location.

2. The use of infrastructure of the telecommunications enterprise is carried out through a contract signed between the owner of the dedicated network telecommunication, the owner of the specialized network telecommunication and the telecommunications enterprise.

3. The cost of using the infrastructure of the telecommunications enterprise is agreed upon by the owner of the dedicated network telecommunication, the owner of the specialized network telecommunication, and the telecommunications enterprise.

Chapter V

Telecommunication numbering

Article 34. Telecommunication numbering planning

1. Telecommunication numbering planning is detailed provisions on the structure and purpose of the codes and numbers uniformly applied throughout the country to ensure the operation of the network and telecommunication services. The collection of telecommunication codes and numbers is called the telecommunication numbering pool.

2. Telecommunication numbering planning includes:

a) Public network telecommunication numbering planning;

b) Signaling point code planning;

c) Domain name, Internet address planning;

d) Planning for other telecommunication service network numbers.

3. The Ministry of Posts and Telecommunications develops, promulgates, amends, and supplements the Telecommunication Numbering Planning.

Article 35. Telecommunication numbering pool management

1. The Ministry of Posts and Telecommunications develops and promulgates regulations on telecommunication numbering pool management.

2. Based on the numbering planning and numbering pool management regulations, the Ministry of Posts and Telecommunications decides on the allocation or recovery of telecommunication codes and numbers for telecommunications enterprises and organizations, individuals.

3. Telecommunications enterprises are responsible for:

a) Processing applications for the allocation of codes, numbers, and number blocks in accordance with the regulations of the Ministry of Posts and Telecommunications;

b) Developing plans for the use of allocated telecommunication codes and numbers;

c) Implementing the issuance, leasing, and recovery of numbers for service users in accordance with the telecommunication numbering pool management regulations;

d) Reporting to the Ministry of Posts and Telecommunications on the plans and usage status of telecommunication codes and numbers regularly or as required by the Ministry of Posts and Telecommunications;

e) Within the allocated telecommunication number block, based on the telecommunication numbering planning and the approved network development plan, telecommunications enterprises must notify relevant service users at least 60 days before implementing changes to subscriber numbers regarding the timing and necessary information about the number change plan, guide users on the use of services after the number change. Telecommunications enterprises bear all costs for the number change but are not liable for indirect losses caused by the number change to users.

4. Special-purpose telecommunications networks, dedicated-use networks, agents, and service users who have been granted or leased codes and numbers shall be responsible for using such codes and numbers in accordance with the Telecommunications Number Management Regulations and the guidance provided by telecommunications enterprises.

5. The Posts and Telecommunications Ministry shall reclaim service codes or blocks of subscriber numbers that have been allocated if telecommunications enterprises or network owners no longer have a need to use them for other purposes.

6. When there is a need to change blocks of numbers or the length of subscriber numbers, telecommunications enterprises and special-purpose telecommunications network owners must develop plans, propose solutions, and only implement after obtaining written permission from the Posts and Telecommunications Ministry.

7. All agencies, organizations, and individuals using telecommunications codes and numbers must pay fees and charges as prescribed by law.

Chapter VI

Telecommunications License

Section 1

General Provisions on Licensing

Article 36. Principles of Licensing

1. In line with the strategy, planning, and development plan for Vietnam's telecommunications.

2. Priority shall be given to licensing projects that can be quickly implemented in reality, with long-term commitments to serve a large number of service users; projects providing services to remote, border, and island areas; projects providing public telecommunications services serving Party and State agencies and national defense and security.

3. In cases where licensing involves frequency usage and numbering resources, the license will only be considered for issuance if the frequency allocation and numbering resource distribution can be carried out according to the approved planning.

4. Licensing for telecommunications enterprises involving foreign investors must comply with laws on foreign investment and international treaties to which Vietnam is a party.

5. It is strictly prohibited to buy, sell, or transfer telecommunications licenses. In cases of organizational changes such as mergers, dissolution, privatization, or changes in state shareholding, agencies, organizations, and enterprises must report to the Posts and Telecommunications Ministry to consider reissuing or revoking licenses in accordance with the regulations on eligible licensees.

6. Agencies, organizations, and enterprises are fully responsible under the law for the accuracy of the application documents for telecommunications licenses. Based on the application documents, the Posts and Telecommunications Ministry will review and issue or refuse the license in accordance with the provisions of this Decree. After receiving the telecommunications license, agencies, organizations, and enterprises are responsible and proactive in implementing activities specified in the license and are fully responsible under the law for their production, business, and service provision activities in accordance with relevant laws and the provisions of the issued license.

7. All agencies, organizations, and enterprises are obligated to pay licensing fees and charges as prescribed.

Article 37. Telecommunications Business Without a License

1. Organizations, individuals, and enterprises of all economic sectors legally operating in Vietnam may register and engage in telecommunications business in the following fields without requiring a license:

a) Production of telecommunications materials and equipment (excluding radio wave transmission and reception devices);

b) Exporting and importing telecommunications materials and equipment;

c) Providing telecommunications services through telecommunications agency services.

2. During the course of telecommunications business operations, organizations, individuals, and enterprises must comply with legal provisions on product and service quality, advertising information regulations, dispute resolution and compensation regulations, and other relevant legal provisions.

3. In addition to the provisions of Clause 2 of this Article:

a) For the business of producing telecommunications materials and equipment (excluding radio wave transmission and reception devices), organizations, individuals, and enterprises must comply with the regulations on telecommunications equipment quality management stipulated in Article 52 of this Decree;

b) For the business of exporting and importing telecommunications materials and equipment, organizations, individuals, and enterprises must comply with the regulations on telecommunications equipment quality management stipulated in Article 52 of this Decree, the regulations on frequency usage and radio equipment management stipulated in Government Decree No. 24/2004/NĐ-CP dated January 14, 2004, concerning radio frequencies, and current regulations on export and import management of goods by the Prime Minister during each period;

c) For the business of providing telecommunications services through telecommunications agency services, organizations, individuals, and enterprises must comply with the regulations on telecommunications agency services stipulated in Article 25 of this Decree.

Section 2

Issuance of Licenses for Establishing Networks and Providing Telecommunications Services

Article 38. Licensing Conditions

1. Subject Conditions:

It is a state-owned enterprise or an enterprise where the state's shareholding constitutes a controlling stake or special shareholding.

2. Technical and Financial Conditions:

a) Possess sufficient financial capacity and appropriate specialized human resources commensurate with the scale of the project to implement the license;

b) Have technical development plans for the network and feasible business service plans that comply with current regulations on network connection, information resource utilization, tariffs, technical standards, and service quality;

c) Have backup plans to ensure safety in case of technical incidents;

d) Have equipment and technical, operational plans to ensure network safety and information security.

Article 39. Licensing Procedures

1. Application Documents.

The application documents for licensing from enterprises shall be prepared in three sets (one original set and two copies). Each set includes:

a) An application for a license from the enterprise;

b) Business Registration Certificate or Investment License;

c) Charter of organization and operation of the enterprise;

d) Service supply plan including the following main contents:

Business plan including types of services; scope of service provision; service quality standards; tariffs; market forecast and analysis, revenue; total investment capital and allocation of funds for each phase; investment form, capital raising plan; human resources;

Technical plan including network configuration, equipment including both primary and backup components; network and equipment capability analysis; transmission capacity; corresponding information resources; equipment and technical, operational measures to ensure safety and information security;

Commitment to implement the proposed plan to provide long-term telecommunications services to users and comply with telecommunications management regulations.

2. Timeframe and Processing Procedure.

The Posts and Telecommunications Ministry receives the application documents, conducts an assessment within 75 days from the date of receiving valid documents. In cases of disagreement, the Posts and Telecommunications Ministry has the responsibility to notify in writing, clearly stating the reasons for refusing the license to the applicant enterprise. If the application documents basically meet the requirements of expertise, operations, and align with the national strategy and planning for telecommunications development, the Posts and Telecommunications Ministry has the responsibility to seek written opinions from relevant ministries and departments and compile them to submit to the Prime Minister for comments on the application for setting up networks and providing telecommunications services. Upon receiving written approval from the Prime Minister, the Posts and Telecommunications Ministry has the responsibility to issue the license to the enterprise within 15 days from the date of receiving the written approval from the Prime Minister.

3. Amending and Supplementing the Content of the License.

a) During the validity period of the license, if the licensed enterprise wishes to amend or supplement the content of the license, it must submit an application for amendment and supplementation to the Posts and Telecommunications Ministry;

b) The application for amendment and supplementation includes: application for amendment and supplementation of the license content; copy of the currently valid license; report on the company's operating situation; detailed description report of the supplemented and amended content and related documents;

c) The Posts and Telecommunications Ministry will review and grant supplementary and amended licenses within 60 days from the date of receiving valid documents. In cases of refusal to issue supplementary and amended licenses, the Posts and Telecommunications Ministry has the responsibility to respond in writing, clearly stating the reasons for refusal to the enterprise applying for amendment and supplementation.

4. Extending the License.

a) Enterprises wishing to extend their licenses must submit an extension application to the Posts and Telecommunications Ministry 60 days before the license expires. The extension application includes: application for license extension; copy of the currently valid license;

b) The Posts and Telecommunications Ministry will review and grant extensions within 60 days from the date of receiving valid documents. In cases of refusal to extend the license, the Posts and Telecommunications Ministry has the responsibility to respond in writing, clearly stating the reasons to the applicant;

c) The license can only be extended once and the extension period shall not exceed one year.

5. Revoking the License.

The license for establishing networks and providing telecommunications services will be revoked in the following cases:

a) After two years from the date of issuance, the enterprise has not implemented the activities recorded in the license in reality without justifiable reasons. An enterprise whose license has been revoked wishing to reapply for a license must complete all procedures as in a new application;

b) Being penalized for violations in the telecommunications sector according to laws that apply license revocation measures.

Section 3

Licensing for Providing Telecommunications Services

Article 40. Licensing Conditions

1. Subject Conditions:

Enterprises of all economic sectors established in accordance with the provisions of the law.

2. Technical and Operational Conditions:

a) Have technical plans for developing telecommunications equipment systems within the premises and public service points and feasible business service plans that comply with current regulations on network establishment, connection, information resource utilization, tariffs, technology, and service quality;

b) Have backup plans to ensure safety in case of technical incidents;

c) Have equipment and technical, operational plans to ensure network safety and information security.

Article 41. Licensing Procedures

1. Application Documents.

The application documents for licensing from enterprises shall be prepared in three sets (one original set and two copies). Each set includes:

a) An application for a license from the enterprise;

b) Business Registration Certificate or Investment License of the enterprise;

c) Charter of organization and operation of the enterprise;

d) Service supply plan including the main contents as stipulated in Point d Clause 1 Article 39 of this Decree.

2. Timeframe for Processing Documents.

The Posts and Telecommunications Ministry will conduct an assessment and issue the license within 60 days from the date of receiving valid documents. If there are issues requiring further verification, the timeframe may be extended but not exceeding 75 days from the date of receiving valid documents. In cases of refusal to issue the license, the Posts and Telecommunications Ministry has the responsibility to respond in writing, clearly stating the reasons to the applicant.

3. Amending and Supplementing Content; Extending and Revoking Licenses.

Follow the provisions of Clause 3, 4, 5 Article 39 of this Decree.

Section 4

Issuing permits for testing telecommunications networks and services

Article 42. Permit recipients

1. Telecommunications enterprises wishing to provide public testing of new telecommunications services outside those already specified in their existing licenses or to test new telecommunications services using telecommunications resources.

2. Agencies, organizations, and enterprises wishing to test private-use telecommunications networks using telecommunications resources.

Article 43. Licensing Procedures

1. Application Documents.

The application dossier shall be prepared in three sets (one original set and two copies). Each set includes:

a) An application for permission to establish or provide testing services;

b) A project for establishing or providing testing services, clearly specifying: purpose, scope, duration of testing; network configuration, type of service, cooperating parties for testing (if applicable); proposed tariff rates (if applicable); frequency bands, numbering resources requested for testing (if applicable); terms and conditions to ensure users' rights if the enterprise does not officially launch the service after the testing period ends;

c) A copy of the telecommunications license (if applicable).

2. Processing time for applications

The Posts and Telecommunications Ministry will review and issue or refuse the permit within thirty days from the date of receiving a valid application. In case of refusal, the Posts and Telecommunications Ministry must provide a written response detailing the reasons for refusal to the agency, organization, or enterprise applying for the permit.

3. Extension of testing period

a) Enterprises wishing to extend the testing period must submit an extension application to the Posts and Telecommunications Ministry fifteen days before the permit expires. The extension application includes a detailed request letter explaining the reasons for the extension; a copy of the current valid testing permit;

b) The Posts and Telecommunications Ministry will review and decide on the extension within fifteen days from the date of receiving a valid application. In case of refusal, the Posts and Telecommunications Ministry must provide a written response detailing the reasons for refusal to the agency, organization, or enterprise;

c) The extension period or total extension periods shall not exceed one year.

4. Conclusion of the testing period, agencies, organizations, and enterprises must summarize and complete the testing dossier and report the testing results to the Posts and Telecommunications Ministry.

5. After the testing period, agencies, organizations, and enterprises wishing to put the network or service into official operation must apply to the Posts and Telecommunications Ministry. The application procedures are governed by Articles 2 and 3 of Chapter VI of this Decree.

6. Revocation of permits.

Permits for testing telecommunications networks and services will be revoked in the following cases:

a) If, six months after the issuance of the permit, the agency, organization, or enterprise has not implemented the activities recorded in the permit in practice without justifiable reasons. An agency, organization, or enterprise whose permit has been revoked must follow all new application procedures if they wish to reapply for a permit;

b) Being subject to telecommunications violations under laws that impose permit revocation measures.

Section 5

Issuing permits for establishing private-use telecommunications networks

Article 44. Licensing Conditions

Agencies, organizations, and enterprises wishing to establish private-use telecommunications networks must meet the following conditions:

1. Establishing a private-use telecommunications network is solely for ensuring communication among network members, not for business purposes and must be non-profit.

2. Having technical and operational plans to ensure safety and security for the private-use telecommunications network.

Article 45. Licensing Procedures

1. Application Documents.

Application dossier: The application dossier for establishing a private-use telecommunications network shall be prepared in three sets (one original set and two copies). Each set includes:

a) An application for permission to establish a private-use telecommunications network. A diplomatic note requesting permission from the Ministry of Foreign Affairs for foreign diplomatic and consular missions and international organizations in Vietnam enjoying diplomatic and consular privileges and immunities;

b) Decision on establishment or operating license of the agency, organization, or business registration certificate of the enterprise applying for the permit;

c) Charter of operations or legal regulations stipulating the organizational structure or form of cooperation and joint activities among members (if applicable);

d) Project for establishing the network, clearly stating: purpose of establishing the network; network configuration; types of equipment; services used; members of the network (if applicable); scope of operation; technology used; frequency bands, codes, numbers requested for use (if applicable).

2. Timeframe for Processing Documents.

The Posts and Telecommunications Ministry will review and issue or refuse the permit within thirty days from the date of receiving a valid application. In case of refusal, the Posts and Telecommunications Ministry must provide a written response detailing the reasons for refusal to the organization, agency, or enterprise applying for the permit. In case of issues requiring further review, the permit processing time may be extended but not more than forty-five days from the date of receiving a valid application.

3. Amending and Supplementing the Content of the License.

a) Agencies, organizations, and enterprises holding permits wishing to modify the network configuration, service type, or scope of operation must submit an application for modification and supplementation to the Posts and Telecommunications Ministry;

b) The application for modification and supplementation includes: a request for modification and supplementation; a detailed description of the intended modifications and supplements; related documents concerning the modifications and supplements; a copy of the current valid permit;

c) The Posts and Telecommunications Ministry will review and issue or refuse the permit for modification and supplementation within fifteen days from the date of receiving a valid application. In case of refusal, the Posts and Telecommunications Ministry must provide a written response detailing the reasons for refusal to the agency, organization, or enterprise applying for the permit.

4. Extending the License.

a) Agencies, organizations, and enterprises holding permits wishing to extend the permit must submit an extension application to the Posts and Telecommunications Ministry fifteen days before the permit expires;

b) The extension application includes a request for extension and a copy of the current valid permit;

c) The Ministry of Posts and Telecommunications shall review and consider extension within ten days from the date of receipt of valid application files. In case of refusal to extend, the Ministry of Posts and Telecommunications shall be responsible for providing a written response detailing the reasons to the agency, organization, or enterprise that submitted the application.

d) The period of extension or the total period of extensions shall not exceed one year.

5. Revoking the License.

The telecommunications network establishment permit shall be revoked in the following cases:

a) If, within one year from the date of issuance of the permit, the agency, organization, or enterprise granted the permit has not implemented the activities recorded in the permit on the ground without a reasonable cause. An agency, organization, or enterprise whose permit has been revoked wishing to reapply for a permit must complete all procedures as if applying for a new permit.

b) Being subject to administrative penalties in the field of telecommunications under regulations that provide for the revocation of permits.

Chapter 6

Issuance of permission to install submarine cables

in the exclusive economic zone and continental shelf of Vietnam

Article 46. Licensing Conditions

1. Commitment to comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. Commitment to comply with the supervision of the competent Vietnamese authority and bear all costs associated with this activity.

Article 47. Licensing Procedures

1. Application file: The application file for permission to install submarine cables in the exclusive economic zone and continental shelf of Vietnam must be prepared in five sets (one original and four copies). Each set of the application file includes:

a) Application form for permission to install submarine cables in the exclusive economic zone and continental shelf of Vietnam;

b) Project for installing submarine cables in the exclusive economic zone and continental shelf of Vietnam, including the following contents:

Nature, objectives, and scope of the cable route, particularly issues related to marine surveys and underwater activities;

Technical design and geographic coordinates of the submarine cable installation route requested;

Implementation plan and security and environmental protection measures for the marine environment.

2. Processing time for applications

a) The Ministry of Posts and Telecommunications shall receive the application file and forward it to relevant ministries and agencies for comments before issuing the permit;

b) The Ministry of Posts and Telecommunications shall issue the permit within ninety days from the date of receipt of a valid application file. In case of refusal to issue the permit, the Ministry of Posts and Telecommunications shall be responsible for providing a written response detailing the reasons for refusal to the organization that applied for the permit;

c) Based on the issued permit, the Ministry of Posts and Telecommunications shall coordinate with the Ministry of Public Security and the Ministry of National Defense to approve the operation of vessels and ships for surveying, construction, maintenance, and repair of submarine cables in the exclusive economic zone and continental shelf of Vietnam according to the permit and in accordance with the provisions of the law.

3. Amending and Supplementing the Content of the License.

a) During the validity period of the permit, if the organization granted the permit wishes to amend or supplement the content of the permit, it must submit an application file for amending or supplementing the permit to the Ministry of Posts and Telecommunications;

b) The application file for amendment or supplementation includes: application form for amending or supplementing the permit content; copy of the currently valid permit; detailed report describing the supplemented or amended content and other related documents;

c) The Ministry of Posts and Telecommunications shall review and consider issuing supplementary or amended permits within sixty days from the date of receipt of a valid application file. In case of refusal to issue supplementary or amended permits, the Ministry of Posts and Telecommunications shall be responsible for providing a written response detailing the reasons to the organization that applied for amendment or supplementation of the permit;

4. Extending the License.

a) The organization granted the permit wishing to extend the permit must submit an extension application to the Ministry of Posts and Telecommunications ninety days before the permit expires. The extension application includes: application form for extending the permit; copy of the currently valid permit;

b) The Ministry of Posts and Telecommunications shall review and consider the extension of the permit within ninety days from the date of receipt of a valid application file;

c) In case of refusal to extend the permit, the Ministry of Posts and Telecommunications shall be responsible for providing a written response detailing the reasons to the organization that submitted the application;

d) The permit may only be extended once and the extension period shall not exceed one year.

5. Revoking the License.

The permit for installing submarine cables in the exclusive economic zone and continental shelf of Vietnam shall be revoked in the event that the organization is penalized for telecommunications violations under regulations that provide for the revocation of permits.

Chapter VII

Provision of public telecommunications services

Article 48. Public telecommunications services

1. Public telecommunications services include universal telecommunications services and mandatory telecommunications services, which are essential telecommunications services for society, guaranteed by the State to be provided according to quality and tariff rates prescribed by competent state authorities.

2. On the basis of telecommunications development planning and Internet planning, the Ministry of Posts and Telecommunications shall be responsible for:

a) Developing a program for providing public telecommunications services to be submitted to the Prime Minister for approval;

b) Specifying and guiding the details regarding the list, target groups, and scope of provision of public telecommunications services;

c) Building and implementing annual plans for providing public telecommunications services.

3. Relevant state management agencies shall, based on their functions, tasks, and powers, be responsible for coordinating with the Ministry of Posts and Telecommunications to implement programs and plans for providing public telecommunications services.

Article 49. Financial mechanism to support the provision of public telecommunications services

1. The State shall support enterprises providing public telecommunications services through:

a) Connection fees;

b) The Vietnam Universal Service Fund.

2. The Vietnam Universal Service Fund is a state financial organization under the Ministry of Posts and Telecommunications, operating without profit-making objectives.

3. Sources forming the Vietnam Universal Service Fund include:

a) Contributions from telecommunications enterprises: mandatory contributions from telecommunications enterprises to the Vietnam Universal Service Fund are accounted for as production and business expenses of the enterprise. The Prime Minister shall specify the contribution mechanism for telecommunications enterprises;

b) State budget support for registered capital and implementation funds for programs assigned by the Government;

c) Official development assistance and contributions from organizations and individuals both domestically and internationally;

d) Other sources of capital raised in accordance with the provisions of the law.

4. The Prime Minister decides on the organization and operation of the Vietnam Public Telecommunications Service Fund.

Article 50. Rights and obligations of telecommunications enterprises providing public telecommunications services

1. Participate equally in implementing state programs and projects to provide public telecommunications services in accordance with the provisions of the law.

2. Fully and promptly fulfill financial contribution obligations to the Public Telecommunications Service Fund as prescribed.

3. Cooperate and create favorable conditions for other telecommunications enterprises to implement programs and projects to provide public telecommunications services in accordance with the regulations of the competent state management agency for telecommunications.

4. Strictly comply with the state's regulations on the provision of public telecommunications services.

Chapter VIII

Telecommunications standards and quality

Article 51. Telecommunications standards and quality system

1. The telecommunications standards and quality system includes mandatory standards and voluntary standards applicable to equipment, networks, network connections, services, and telecommunications works.

2. Mandatory standards include: industry standards (TCN), Vietnamese standards (TCVN), international standards announced by the Ministry of Posts and Telecommunications for mandatory application.

3. Voluntary standards are published by organizations and individuals for voluntary application.

4. The Ministry of Posts and Telecommunications prescribes the procedures for developing, promulgating, and applying telecommunications standards and quality.

Article 52. Quality management of telecommunications equipment

1. The quality of telecommunications equipment is managed through certification compliance with standards based on mandatory standards announced by the Ministry of Posts and Telecommunications or voluntarily applied by organizations and individuals in accordance with the provisions of the law.

2. Mutual recognition of certification compliance with standards for telecommunications equipment between Vietnam and foreign countries and international organizations is carried out according to treaties that Vietnam has signed or joined. The Ministry of Posts and Telecommunications is the representative of Vietnam in mutual recognition agreements regarding certification compliance with standards in the field of telecommunications.

3. The Ministry of Posts and Telecommunications stipulates and publishes a list of domestically produced and imported telecommunications equipment that must be certified compliant with standards before being allowed to circulate in the Vietnamese market or connected to the public telecommunications network.

4. Encourage organizations and individuals to voluntarily certify compliance with standards for telecommunications equipment not included in the list specified in Clause 3 of this Article.

5. Telecommunications equipment circulating in Vietnam and imported must comply with labeling regulations and other relevant laws.

6. The Ministry of Posts and Telecommunications details the content, form, and procedures for managing the quality of telecommunications equipment.

Article 53. Quality management of telecommunications services and networks

1. The quality of telecommunications services and networks is managed through the publication of quality standards based on mandatory standards announced by the Ministry of Posts and Telecommunications or voluntarily applied by telecommunications enterprises in accordance with the provisions of the law.

2. The Ministry of Posts and Telecommunications stipulates a list of telecommunications services and networks subject to mandatory quality management and mandatory standards.

3. For telecommunications services and networks within the mandatory quality management list, telecommunications enterprises must publish quality standards not contrary to the mandatory standards prescribed by the Ministry of Posts and Telecommunications and report to the Ministry of Posts and Telecommunications on actual service quality as required. For telecommunications services and networks outside the list specified in Clause 3 of this Article, telecommunications enterprises must establish and publish their own quality standards.

4. Encourage organizations, individuals, and enterprises to voluntarily apply quality management systems. Telecommunications enterprises are responsible for the published quality standards; maintaining quality according to the published standards; internal network owners who charge connection fees and telecommunications agents must ensure the quality of the published telecommunications services and networks.

5. The Ministry of Posts and Telecommunications issues regulations on the management of telecommunications service and network quality, inspection, and handling of violations related to service and network quality.

Article 54. Quality management of telecommunications works

1. The quality of telecommunications works is managed through quality testing based on mandatory standards announced by the competent state management agency or voluntarily applied by telecommunications enterprises in accordance with the provisions of the law.

2. The Ministry of Posts and Telecommunications stipulates a list of telecommunications works that must undergo quality testing before being put into use and operation.

3. The Ministry of Posts and Telecommunications issues regulations on the management of telecommunications work quality, inspection, and handling of violations related to telecommunications work quality.

Article 55. Quality measurement and inspection

1. The Ministry of Posts and Telecommunications issues regulations on telecommunications measurement management to serve the purpose of building and developing telecommunications measurement agencies, coordinating and linking measurement capabilities of institutions.

2. Mutual recognition of telecommunications measurement results between Vietnam and foreign countries and international organizations is carried out according to international treaties that Vietnam has signed or joined. The Ministry of Posts and Telecommunications is the representative of Vietnam in mutual recognition agreements regarding telecommunications measurement results and is the designated authority within these agreements.

Chapter IX

Telecommunications tariff rates

Article 56. Principles of state management of tariffs

1. The State respects the right of telecommunications enterprises to independently set tariff rates and compete on price in accordance with the law, encourages enterprises to improve efficiency, reduce service provision costs, lower tariffs to increase social service usage and economic competitiveness.

2. The State shall employ necessary measures to stabilize service rates, ensure non-discriminatory treatment regarding service rates, protect the rights and legitimate interests of service users, telecommunications service providers, and the State.

Article 57. Basis for rate determination

1. Telecommunications service rates shall be determined based on production costs of service products and supply-demand relations in the market.

2. For services with state-set rates, such rates shall also be regulated based on economic and social development policies and national telecommunications development strategies during each period, and reasonably correlate with rates of telecommunications services in the region and worldwide.

Article 58. Duties and management authority over service rates

1. The Prime Minister:

a) Enact policies and mechanisms for managing telecommunications service rates;

b) Determine rates for important telecommunications services that impact multiple sectors and economic and social development.

2. The Ministry of Posts and Telecommunications:

a) Determine rates for public telecommunications services (excluding those decided by the Prime Minister);

b) Determine rates for telecommunications services affecting the telecommunications market, applicable to users of telecommunications enterprises holding a dominant market share;

c) Determine interconnection rates between telecommunications enterprises;

d) Regulate the management of service rates between telecommunications service providers;

đ) Guide telecommunications enterprises in implementing state regulations and decisions concerning the management of telecommunications service rates.

3. Telecommunications enterprises:

a) Account for costs and determine production costs for telecommunications services;

b) Specifically regulate rates for telecommunications services outside the state-prescribed list, in accordance with state regulations on rate management issued by competent authorities;

c) Implement state regulations and decisions of competent authorities regarding the management of telecommunications service rates.

Chapter X

Dispute Resolution

Article 59. Resolution of disputes between service providers and service users

1. Disputes between service providers and service users shall be resolved through negotiations between the parties. If there is no other agreement in the service provision and usage contract, the statute of limitations for resolving disputes shall be as follows:

a) Regarding rates, it is one month from the date of receiving the first notification or payment invoice or from the date of service rate payment;

b) Regarding service quality standards and other violations, it is three months from the date of service use or occurrence of the violation.

2. In cases where the parties fail to reach an agreement through negotiation, they may request competent state agencies to resolve disputes in accordance with the law.

Article 60. Negotiation and resolution of disputes between telecommunications enterprises regarding interconnection

1. Telecommunications enterprises have the right to request the Ministry of Posts and Telecommunications to resolve disputes related to interconnection of public telecommunications networks.

2. The Ministry of Posts and Telecommunications shall consider and decide to initiate dispute resolution within thirty days from the date of receipt of the dispute resolution request document from the enterprise. In cases where dispute resolution is not initiated, the Ministry of Posts and Telecommunications shall respond in writing, clearly stating the reasons for the enterprise's knowledge.

3. Dispute resolution shall proceed as follows:

a) The Ministry of Posts and Telecommunications shall organize negotiations between the parties. The maximum negotiation period between the parties shall not exceed sixty days from the date the Ministry of Posts and Telecommunications decides to initiate dispute resolution;

b) If no agreement is reached after negotiations, the Ministry of Posts and Telecommunications will issue a decision to resolve the dispute within thirty days from the end of the negotiations. After the Ministry of Posts and Telecommunications issues a decision to resolve the dispute:

Both disputing parties must enforce the dispute resolution decision;

In case an enterprise disagrees with the dispute resolution decision of the Ministry of Posts and Telecommunications, the enterprise may continue to request dispute resolution or file a lawsuit according to the provisions of the law. During the period of continuing to request dispute resolution or filing a lawsuit, both parties must still comply with the dispute resolution decision of the Ministry of Posts and Telecommunications.

Chapter XI

Inspection, examination, and handling of violations

Article 61. Inspection and supervision

All organizations and individuals, both domestic and foreign, engaged in activities related to the telecommunications sector in Vietnam shall be subject to inspection and examination by specialized inspectors in postal, telecommunications, information technology affairs, and competent state agencies as prescribed by law.

Article 62. Handling of Violations

Both Vietnamese and foreign organizations and individuals who commit violations of the law in the telecommunications sector shall be subject to administrative penalties and handled in accordance with current laws.

Chapter XII

Implementation Provisions

Article 63. Responsibilities of the Ministry of Science and Technology Implementation

The Posts and Telecommunications Ministry is responsible for issuing detailed regulations and guidance on the implementation of this Decree.

Article 64. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. All previous regulations that conflict with this Decree are hereby abolished.

Article 65. Implementation Provisions

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.