Decree No. 25/2011/NĐ-CP detailing and guiding the implementation of certain provisions of the Telecommunications Law

DECREE

Regulations on Detailed Implementation and Guidance for Certain Provisions of the Telecommunications Law

 ___________________________________

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides detailed implementation for certain provisions of the Telecommunications Law regarding the following telecommunications activities:

a) Investment in and operation of telecommunications goods and services;

b) Establishment of telecommunications networks and provision of telecommunications services;

c) Provision of public telecommunications services and performance of public telecommunications tasks;

d) Management of licensing, interconnection, tariffs, fees, resources, technical standards, network and service quality;

đ) Planning, design, and construction of telecommunications infrastructure;

2. This Decree applies to organizations and individuals within the country, foreign organizations and individuals directly participating or related to telecommunications activities in Vietnam.

Article 2. Specialized Telecommunications Management Agency

1. The specialized telecommunications management agency is an agency under the Ministry of Information and Communications, responsible for advising the Minister of Information and Communications on state management and organizing the enforcement of state management tasks in telecommunications nationwide, including the following responsibilities:

a) Participating in building mechanisms, policies, strategies, plans, and legal regulatory documents on telecommunications;

b) Implementing market management in telecommunications, business management of telecommunications services, and public telecommunications activities; organizing the implementation of legal regulations on telecommunications;

c) Performing other state management tasks in telecommunications according to the division of functions and powers assigned by the Minister of Information and Communications.

2. The Prime Minister shall specify the functions, tasks, authorities, and organizational structure of the specialized telecommunications management agency.

Chapter II

TELECOMMUNICATION SERVICES BUSINESS

Article 3. Ownership in Telecommunication Services Business

1. An organization or individual who owns more than 20% of the charter capital or shares in a telecommunications enterprise may not own more than 20% of the charter capital or shares of another telecommunications enterprise operating in the same telecommunications service market as specified in the List of Telecommunications Services issued by the Ministry of Information and Communications.

2. A telecommunications enterprise providing telecommunications services as specified in Clause 1 of this Article must report to the specialized telecommunications management agency, as prescribed by the Ministry of Information and Communications, when there is a change in the list of organizations or individuals owning more than 20% of the charter capital or shares of the enterprise.

Article 4. Forms, Conditions, and Foreign Investor's Capital Contribution Ratio

1. Foreign investors are permitted to invest in and operate telecommunications services through direct investment or indirect investment as stipulated by the Telecommunications Law and the Investment Law.

2. In cases of direct investment to provide telecommunications services without a network infrastructure, foreign investors may engage in joint ventures or cooperate based on contracts with enterprises established in Vietnam. In cases of investment to provide telecommunications services with a network infrastructure, foreign investors are allowed to engage in joint ventures or cooperate based on contracts with telecommunications enterprises that have been granted licenses to establish telecommunications networks in Vietnam.

3. In addition to the conditions prescribed by the Investment Law, foreign investment projects in the telecommunications services business must meet the following conditions:

a) Consistent with the national telecommunications development plan, telecommunications resource planning; passive telecommunications infrastructure planning in the area of investment;

b) Meeting the statutory capital requirements and investment commitment levels as stipulated in Articles 19, 20, and 21 of this Decree.

4. The ratio of foreign investor's capital contribution must comply with the relevant laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member.

Article 5. Registration and examination of foreign investment projects in telecommunications services business

1. Foreign investment projects in telecommunications services without network infrastructure with a capital investment scale under VND 300 billion must complete investment registration procedures at provincial-level state investment management agencies to obtain an investment certificate.

2. Foreign investment projects in telecommunications services without network infrastructure with a capital investment scale of VND 300 billion or more must complete investment examination procedures at provincial-level state investment management agencies to obtain an investment certificate.

3. Foreign investment projects in telecommunications services with network infrastructure must complete investment examination and approval of investment proposals at provincial-level state investment management agencies to obtain an investment certificate. The authority to approve investment proposals shall be carried out in accordance with the provisions of the Law on Investment.

4. In addition to the examination contents prescribed by the Law on Investment, for foreign investment projects in telecommunications services business, additional examination contents as stipulated in Clause 3, Article 4 of this Decree shall also be conducted.

5. Project investment documents, procedures, registration and examination processes for investment and issuance of investment certificates shall be implemented in accordance with the provisions of the Law on Investment.

Article 6. Handling Competition Cases in Telecommunications Services Business Activities

1. The authority and procedures for handling cases related to anti-competitive behavior and unfair competition in telecommunications services business activities are regulated as follows:

a) The specialized management agency for telecommunications has the responsibility to handle competition cases in the establishment of telecommunications networks and provision of telecommunications services as stipulated in Clauses 1 and 2, Article 19 of the Telecommunications Law.

b) Within thirty working days from the date of receipt of the competition case dossier, the specialized management agency for telecommunications shall issue a decision to handle the competition case. The parties involved have the obligation to immediately implement the decision to handle the competition case, including cases where they disagree with the decision of the specialized management agency for telecommunications and have the right to lodge complaints or initiate lawsuits in accordance with the law.

c) For complex competition cases or cases involving the functions of multiple agencies, the specialized management agency for telecommunications shall seek written opinions from those agencies before issuing a decision to handle the competition case. Within ten working days from the date of receipt of the written opinion from the specialized management agency for telecommunications, the consulted agency shall provide a written response.

2. The authority and procedures for handling economic concentration in telecommunications services business activities are regulated as follows:

a) For economic concentration with combined market share from 30% to 50% of a telecommunications service market, participating enterprises must notify the specialized management agency for telecommunications and the competition management agency before proceeding with economic concentration. For economic concentration with a combined market share exceeding 50% of the telecommunications service market, the Minister of Industry and Trade shall issue a decision to grant exemption after receiving the exemption approval letter from the Minister of Information and Communications.

b) Within ten working days from the date of receipt of a complete application for exemption as stipulated in Clause 1, Article 29 of the Competition Law, the Ministry of Industry and Trade shall forward the application to the Ministry of Information and Communications for comments. Within twenty working days from the date of receipt of the application for exemption, the Ministry of Information and Communications shall provide a written response to the Ministry of Industry and Trade.

Article 7. Dispute Resolution in Telecommunications Services Business

1. Disputes in telecommunications services business are disputes between telecommunications enterprises arising directly from the establishment of telecommunications networks, provision of telecommunications services, including:

a) Disputes regarding telecommunications interconnection;

b) Disputes regarding sharing of telecommunications infrastructure;

c) Disputes regarding payment of service charges between telecommunications enterprises;

d) Other disputes as prescribed by the Ministry of Information and Communications.

2. The procedure for resolving disputes shall be carried out as follows:

a) Within thirty working days from the date of receipt of the dispute resolution request file, the specialized management agency for telecommunications shall organize mediation between the parties. The disputing parties have the obligation to provide full relevant information and evidence and have the obligation to participate in mediation. The results of mediation must be recorded in writing;

b) Within fifteen working days from the date of completion of mediation, the specialized management agency for telecommunications shall issue a decision to resolve the dispute. The disputing parties have the obligation to immediately implement the decision to resolve the dispute, including cases where they disagree with the decision to resolve the dispute of the specialized management agency for telecommunications and have the right to lodge complaints or initiate lawsuits in accordance with the provisions of the law.

Chapter III

ESTABLISHMENT OF NETWORKS AND PROVISION OF TELECOMMUNICATION SERVICES

Article 8. Classification of Telecommunication Networks

Telecommunication networks include:

1. Fixed terrestrial telecommunication network.

2. Fixed satellite telecommunication network.

3. Mobile terrestrial telecommunication network.

4. Mobile satellite telecommunication network.

5. Other telecommunication networks as prescribed by the Ministry of Information and Communications.

Article 9. Classification of Telecommunication Services

1. Basic telecommunication services include:

a) Voice services;

b) Fax services;

c) Data transmission services;

d) Image transmission services;

đ) Messaging services;

e) Video conferencing services;

g) Leased line services;

h) Internet connection services;

i) Other basic telecommunication services as prescribed by the Ministry of Information and Communications.

2. Value-added telecommunication services include:

a) Email services;

b) Voice mail services;

c) Enhanced value fax services;

d) Internet access services;

đ) Other value-added telecommunication services as prescribed by the Ministry of Information and Communications.

3. Based on technological characteristics, transmission methods, communication range, billing methods, telecommunication services prescribed in Clauses 1 and 2 of this Article may be further detailed or combined into specific service types in conjunction with the aforementioned factors.

4. On the basis of the principles of service classification prescribed in Clauses 1, 2, and 3 of this Article, market development conditions, and telecommunications management policies in each period, the Ministry of Information and Communications shall promulgate a list of basic telecommunication services and value-added telecommunication services.

Article 10. Business of Specialized Telecommunication Goods and Radio Equipment

1. Specialized telecommunication goods are goods closely linked to the provision of telecommunication services issued by telecommunication enterprises, including:

a) Equipment with attached telecommunication subscriber number;

b) Telecommunication service payment cards;

c) Other specialized telecommunication goods as prescribed by the Ministry of Information and Communications.

2. Organizations and individuals promoting specialized telecommunication goods must comply with the provisions of this Decree and the law on trade.

3. Organizations and enterprises producing radio equipment for use in Vietnam must register and comply with the conditions as prescribed by the Ministry of Information and Communications.

4. Radio equipment when imported or temporarily imported for re-export must be approved by the Ministry of Information and Communications.

5. Organizations and individuals engaged in the business of radio equipment must implement telecommunications quality management in accordance with Clause 1 of Article 35 of this Decree.

Article 11. Provision of Telecommunication Services

1. Provision of telecommunication services means the use of equipment and establishment of telecommunication equipment systems in Vietnam to carry out one, several, or all stages of the process of initiating, processing, forwarding, routing, and finalizing information for telecommunication service users through the conclusion of contracts with telecommunication service users, telecommunication service agents, and telecommunication enterprises for profit-making purposes.

2. The provision of telecommunication services across borders to telecommunication service users on the mainland territory of Vietnam must be conducted through commercial agreements with Vietnamese telecommunication enterprises that have been granted licenses for telecommunication service provision, including international telecommunication services.

3. Based on international practices, regulations on aviation and maritime safety, and requirements for national defense and security, the Ministry of Information and Communications shall stipulate and guide the provision and use of telecommunication services across borders for vessels, ships, and aircraft in Vietnam's airspace and territorial waters, as well as other special cases.

Article 12. Resale of Telecommunication Services

1. Before reselling fixed telecommunication services to users at a specific location with a defined address and scope that they are legally entitled to use, organizations and individuals must register their business operations and sign agency contracts for telecommunication services with telecommunication enterprises.

2. Before reselling fixed telecommunication services at two or more locations with defined addresses and scopes that they are legally entitled to use, or before reselling mobile telecommunication services, enterprises must hold a license for telecommunication service provision.

3. The Ministry of Information and Communications shall specify the rules for reselling telecommunication services.

Article 13. Telecommunication Service Usage Contracts

1. The provision and use of telecommunication services are based on contracts concluded between telecommunication enterprises and telecommunication service users.

2. Telecommunication service usage contracts may be concluded orally, in writing, or through specific actions.

3. For certain telecommunication services listed in the Telecommunication Service Catalogue, which require model contracts issued by the Ministry of Information and Communications, telecommunication enterprises are responsible for developing model telecommunication service usage contracts and registering them with specialized telecommunications management agencies for uniform implementation within the enterprise upon approval.

4. The Ministry of Information and Communications shall issue the Catalogue of Telecommunication Services requiring model contracts and stipulate procedures for registering model telecommunication service usage contracts.

Article 14. Provision of Public Telecommunication Services

1. Principles for Providing Public Telecommunication Services

a) Developing telecommunication infrastructure, promoting telecommunication services nationwide, with a focus on remote, border, island, and particularly difficult areas where telecommunication enterprises cannot operate effectively under market mechanisms;

b) Ensuring equal and reasonable access to services for all citizens, while during different periods, the State implements preferential policies to support the provision of terminal equipment and public telecommunication services to poor households, near-poor households, social policy families, and other special social policy beneficiaries;

c) Supporting the development of telecommunication infrastructure, terminal equipment, and the provision of public telecommunication services shall be carried out through public telecommunication service enterprises, terminal equipment manufacturers, or directly to telecommunication service users.

2. The Vietnam Public Telecommunication Service Fund is a state financial organization under the Ministry of Information and Communications, operating without profit-making objectives to support the implementation of the State’s public telecommunication policies nationwide.

The Ministry of Information and Communications shall take the lead and coordinate with relevant ministries and sectors to develop and submit to the Prime Minister for decision the functions, tasks, organizational structure, and activities of the Vietnam Public Telecommunication Service Fund.

3. The contribution level to the Vietnam Public Telecommunication Service Fund from telecommunication services that must remit revenue shall not exceed 5% of the revenue from such services. The contribution amount to the Vietnam Public Telecommunication Service Fund shall be recorded as business expenses for enterprises.

During each period, the Prime Minister shall specify the detailed Catalogue of telecommunication services required to remit revenue to the Vietnam Public Telecommunication Service Fund and the contribution levels for each service in this Catalogue.

Article 15. Registration, retention and use of subscriber information

1. When concluding a contract, the telecommunications subscriber shall be responsible for providing the telecommunications enterprise with the following information:

a) For individual subscribers: Full name, date of birth; identification card number, issuance date, issuing authority for Vietnamese citizens or passport number for foreign citizens;

b) For organizational subscribers: Name of organization; address of operation; establishment decision number, issuance date; business license number or business registration certificate number of the organization; full name; date of birth; identification card number or passport number of the representative signing the telecommunications service usage contract.

2. Subscriber Information Registration

The registration of subscriber information shall be carried out at public telecommunications service provision points with staff of the telecommunications enterprise or at authorized agents contracted by the telecommunications enterprise to accept subscriber information registration (hereinafter referred to as registration points). Registration points must meet the following conditions:

a) Have a defined transaction location;

b) Be equipped with sufficient facilities to retain and transfer subscriber information in accordance with the regulations of the Ministry of Information and Communications;

c) Have transaction staff trained by the telecommunications enterprise on the procedures and formalities for registering subscriber information;

d) Other conditions as prescribed by the Ministry of Information and Communications.

3. Retention of Subscriber Information

a) The owner of the registration point shall be responsible for retaining registered subscriber information in accordance with the regulations of the Ministry of Information and Communications and providing it to competent state management agencies upon request;

b) Telecommunications enterprises shall be responsible for establishing technical systems and databases to collect, retain, manage subscriber information in accordance with the regulations of the Ministry of Information and Communications; providing subscriber information and connecting subscriber information databases as required by competent state management agencies.

4. Use of Subscriber Information

Subscriber information may only be used for the following purposes:

a) To serve national security and social order and safety work;

b) To serve state management work on telecommunications;

c) To serve operational management activities, network exploitation and telecommunications service provision of telecommunications enterprises;

d) Other purposes as prescribed by the Ministry of Information and Communications.

5. The Ministry of Information and Communications shall specify the details of subscriber information registration, retention and use.

Article 16. Conditions for Ceasing Telecommunications Service Operations

1. A telecommunications enterprise may only cease operating part or all of its telecommunications services if it meets the following conditions:

a) Ensuring the rights and legitimate interests of telecommunications service users under concluded telecommunications service usage contracts;

b) Notifying the specialized state management agency for telecommunications in accordance with Clause 1, Article 17 of this Decree.

2. Telecommunications enterprises holding essential means, telecommunications enterprises dominating the market, and telecommunications enterprises providing public interest services may only cease operating part or all of their telecommunications services directly related to essential means, dominant telecommunications services, and public interest telecommunications services if they meet the following conditions:

a) Ensuring the rights and legitimate interests of telecommunications service users under concluded telecommunications service usage contracts;

b) Obtaining written approval from the Ministry of Information and Communications in accordance with Clauses 2 and 3 of Article 17 of this Decree;

c) In cases where ceasing operations does not result in cessation of activities, measures must be taken to ensure the provision of alternative telecommunications services to telecommunications service users, or transferring users to corresponding telecommunications services provided by other telecommunications enterprises, or agreeing to compensate users for the services;

d) In cases where ceasing operations results from cessation of activities, reorganization plans or bankruptcy liquidation plans for the enterprise must include measures to ensure continued provision of telecommunications services to users.

Article 17. Procedures for Ceasing Telecommunications Services Operations

1. A telecommunications enterprise that is not a telecommunications enterprise holding essential facilities, a dominant market telecommunications enterprise, or a public telecommunications service provider must submit a notification to the specialized telecommunications management agency at least 60 working days before ceasing part or all of its telecommunications services operations.

2. A telecommunications enterprise holding essential facilities, a dominant market telecommunications enterprise, or a public telecommunications service provider when ceasing part or all of its telecommunications services directly related to essential facilities, dominant market telecommunications services, or public telecommunications services without ceasing operations must submit three sets of application documents requesting permission to cease telecommunications services operations to the Ministry of Information and Communications. Within thirty working days from the date of receiving valid documents, the Ministry of Information and Communications shall review and respond in writing to the enterprise.

3. A telecommunications enterprise holding essential facilities, a dominant market telecommunications enterprise, or a public telecommunications service provider when ceasing telecommunications services operations due to cessation of business activities must submit three sets of application documents requesting permission to cease telecommunications services operations to the Ministry of Information and Communications. Within sixty working days from the date of receiving valid documents, the Ministry of Information and Communications shall coordinate with relevant agencies to determine restructuring plans or bankruptcy and dissolution plans for the enterprise and respond in writing to the enterprise. Based on the written response from the Ministry of Information and Communications, the enterprise is responsible for implementing the restructuring plan or bankruptcy and dissolution plan in accordance with the law.

4. The notification of ceasing telecommunications services operations referred to in Clause 1 of this Article must include the following information:

a) The services being ceased, the start date of cessation, the reasons for cessation, and the scope of cessation;

b) Measures and commitments to ensure the rights and legitimate interests of telecommunications service users and related parties.

5. The application documents for ceasing telecommunications services operations referred to in Clauses 2 and 3 of this Article must include:

a) An application form for ceasing telecommunications services operations issued by the Ministry of Information and Communications;

b) A report on the operating situation of the services intended to be ceased: revenue, profit, production volume, market share, number of service users;

c) Measures and commitments to ensure the rights and legitimate interests of telecommunications service users and related parties;

d) Restructuring plans or bankruptcy and dissolution plans for the enterprise, measures to ensure continued provision of telecommunications services to users in the event of cessation due to cessation of business activities.

6. Telecommunications enterprises have the responsibility to notify telecommunications service users and related parties, and publish on mass media about the cessation of telecommunications services operations at least thirty days before officially ceasing telecommunications services operations.

7. In cases where a change to the business license for telecommunications services is required due to cessation of services, the specialized telecommunications management agency has the responsibility to require the telecommunications enterprise to amend the business license in accordance with Clauses 1 and 3 of Article 24 of this Decree.

8. Within thirty working days from the date of ceasing telecommunications services operations, telecommunications enterprises are responsible for returning telecommunications resources allocated for the ceased services or portion of services (if applicable).

Chapter IV

TELECOMMUNICATIONS LICENSE ISSUANCE

Article 18. Issuance of Telecommunications Licenses

1. The Minister of Information and Communications shall issue:

a) License for establishing public telecommunications networks using radio frequency bands;

b) License for providing telecommunications services on public telecommunications networks using radio frequency bands;

c) License for testing telecommunications networks using radio frequency bands;

d) License for establishing private telecommunications networks for foreign diplomatic and consular agencies and international organizations' representative offices in Vietnam that enjoy diplomatic and consular privileges and immunities;

đ) License for laying submarine telecommunications cables.

2. The specialized management agency for telecommunications shall issue:

a) License for establishing public telecommunications networks except in cases provided for in Point a Clause 1 of this Article;

b) License for providing telecommunications services on public telecommunications networks except in cases provided for in Point b Clause 1 of this Article;

c) License for testing telecommunications networks and services except in cases provided for in Point c Clause 1 of this Article;

d) License for establishing private telecommunications networks except in cases provided for in Point d Clause 1 of this Article.

3. The Ministry of Information and Communications shall provide detailed guidance on the provisions of Clause 1 of Article 36 of the Telecommunications Law; Point b Clause 2 of Article 36 of the Telecommunications Law regarding the statutory capital, investment commitment level, and guarantee to implement the license for issuing licenses to establish telecommunications networks to provide public telecommunications services or perform public telecommunications tasks assigned by the State.

Article 19. Statutory Capital and Investment Commitment Level for Establishing Fixed Ground Telecommunications Networks

1. A business entity requesting a license to establish a fixed ground telecommunications network not using radio frequency bands, the number of telecommunications subscribers must meet the conditions of statutory capital and investment commitment level as follows:

a) Establishing a network within the scope of one province or centrally governed city: Statutory capital: 5 billion Vietnamese dong; investment commitment level: At least 15 billion Vietnamese dong in the first three years from the date of issuance of the license to develop the telecommunications network as stipulated in the license;

b) Establishing a network within the scope of a region (from two to thirty provinces or centrally governed cities): Statutory capital: 30 billion Vietnamese dong; investment commitment level: At least 100 billion Vietnamese dong in the first three years from the date of issuance of the license to develop the telecommunications network as stipulated in the license;

c) Establishing a network nationwide (more than thirty provinces or centrally governed cities): Statutory capital: 100 billion Vietnamese dong; investment commitment level: At least 300 billion Vietnamese dong in the first three years to develop the telecommunications network as stipulated in the license.

2. A business entity requesting a license to establish a fixed ground telecommunications network using radio frequency bands, the number of telecommunications subscribers must meet the conditions of statutory capital and investment commitment level as follows:

a) Establishing a network within the scope of a region (from fifteen to thirty provinces or centrally governed cities): Statutory capital: 100 billion Vietnamese dong; investment commitment level: At least 300 billion Vietnamese dong in the first three years from the date of issuance of the license to develop the telecommunications network as stipulated in the license;

b) Establishing a network nationwide (more than thirty provinces or centrally governed cities): Statutory capital: 300 billion Vietnamese dong; investment commitment level: At least 1 trillion Vietnamese dong in the first three years and at least 3 trillion Vietnamese dong in fifteen years to develop the telecommunications network as stipulated in the license.

Article 20. Statutory Capital and Investment Commitment Level for Establishing Ground Mobile Telecommunication Networks

1. Enterprises applying for permission to establish ground mobile telecommunication networks using radio frequency channels must meet the conditions regarding statutory capital and investment commitment level as follows:

a) Statutory capital: VND 20 billion;

b) Investment commitment level: At least VND 60 billion within the first three years to develop the telecommunication network according to the scale and scope specified in the license.

2. Enterprises applying for permission to establish ground mobile telecommunication networks without using radio frequency bands (virtual mobile telecommunication networks) must meet the conditions regarding statutory capital and investment commitment level as follows:

a) Statutory capital: VND 300 billion;

b) Investment commitment level: At least VND 1,000 billion within the first three years and at least VND 3,000 billion within fifteen years to develop the telecommunication network according to the provisions set forth in the license.

3. Enterprises applying for permission to establish ground mobile telecommunication networks using radio frequency bands must meet the conditions regarding statutory capital and investment commitment level as follows:

a) Statutory capital: VND 500 billion;

b) Investment commitment level: At least VND 2,500 billion within the first three years and at least VND 7,500 billion within fifteen years to develop the telecommunication network according to the provisions set forth in the license.

Article 21. Statutory Capital and Investment Commitment Level for Establishing Fixed Satellite and Mobile Satellite Telecommunication Networks

Enterprises applying for permission to establish fixed satellite and mobile satellite telecommunication networks must meet the conditions regarding statutory capital and investment commitment level as follows:

1. Statutory capital: VND 30 billion;

2. Investment commitment level: At least VND 100 billion within the first three years to develop the telecommunication network according to the scale and scope specified in the license.

Article 22. Ensuring Implementation of Telecommunication Licenses

1. Telecommunication enterprises that fail to comply with the contents stipulated in the telecommunication license or the commitments made when applying for the license must pay a fine for non-compliance with the license as follows:

a) For licenses to establish fixed ground telecommunication networks not using radio frequency bands, telecommunication subscriber numbers; licenses to establish ground mobile telecommunication networks using radio frequency channels; licenses to establish ground mobile telecommunication networks not using radio frequency bands; licenses to establish fixed satellite telecommunication networks; licenses to establish mobile satellite telecommunication networks: The maximum fine shall not exceed 1% of the investment commitment level within the first three years from the date of issuance but shall not be less than VND 150 million;

b) For licenses to establish fixed ground telecommunication networks using radio frequency bands, telecommunication subscriber numbers; licenses to establish ground mobile telecommunication networks using radio frequency bands: Before receiving the license, the enterprise must deposit an amount corresponding to 5% of the investment commitment level within the first three years from the date of issuance into an account designated by the Ministry of Information and Communications to cover potential fines in case of violation. The maximum fine shall not exceed 5% of the investment commitment level within the first three years from the date of issuance but shall not be less than VND 3 billion.

2. The Ministry of Information and Communications shall provide detailed guidance on the content and level of fines for non-compliance with telecommunication licenses.

Article 23. Procedures for Issuing Licenses for Telecommunication Services Business

1. Documents for Applying for a License to Establish a Telecommunication Network

The enterprise submitting an application for a license to establish a telecommunication network must send five sets of documents to the specialized management agency on telecommunications and bear responsibility for the accuracy and truthfulness of the application documents. The application documents include:

a) An application form for a license issued by the Ministry of Information and Communications;

b) A certified copy of the business registration certificate or investment certificate of the enterprise;

c) A certified copy of the charter of the enterprise;

d) Confirmation from the competent authority or a legal document proving the statutory capital;

đ) A business plan for the first five years from the date of issuance of the license, including the following main contents: Market forecast and analysis; business plan; revenue; total investment cost and allocation of costs for each year; investment form, capital raising plan; human resources;

e) A corresponding technical plan for the first five years from the date of issuance of the license, including the following main contents: Network configuration and equipment by year, both main and backup parts; network and equipment capacity analysis; transmission line capacity; telecommunications resources; applicable technology, standards, technical regulations; measures to ensure service quality and information security;

g) A commitment document to implement the license according to the model prescribed by the Ministry of Information and Communications.

2. Documents for Applying for a License to Provide Telecommunication Services

The enterprise submitting an application for a license to provide telecommunication services must send five sets of documents to the specialized management agency on telecommunications and bear responsibility for the accuracy and truthfulness of the application documents. The application documents include:

a) An application form for a license issued by the Ministry of Information and Communications;

b) A certified copy of the business registration certificate or investment certificate of the enterprise;

c) A certified copy of the charter of the enterprise;

d) A business plan for the first five years from the date of issuance of the license, including the following main contents: Service type; scope of service provision; service quality; service tariff; market forecast and analysis, revenue; total investment cost and allocation of costs for each year; investment form, capital raising plan; human resources; measures to ensure the rights and legitimate interests of service users in case the enterprise ceases to operate the service;

đ) A corresponding technical plan for the first five years from the date of issuance of the license, including the following main contents: Configuration of the telecommunication network to be used by year, both main and backup parts; network and telecommunication equipment capacity analysis; transmission line capacity; telecommunications resources; applicable technology, standards, technical regulations; telecommunication connection; service quality assurance plan; measures to ensure information security;

e) A draft model contract for providing telecommunication services for services as stipulated in Clause 3, Article 13 of this Decree.

3. In cases where an enterprise simultaneously applies for a license to establish a public telecommunication network to provide a specific type of telecommunication service, the application documents may be combined into one set of documents for applying for a license to establish a telecommunication network and a license to provide telecommunication services but must include all the contents specified in Clauses 1 and 2 of this Article.

4. Time Limit and Processing Procedure for Documents

a) Within five working days from the date of receipt of the documents, the specialized management agency on telecommunications shall examine and notify the enterprise of the validity of the documents;

b) Within forty-five working days from the date of receipt of valid documents, the specialized management agency on telecommunications shall cooperate with relevant agencies to review the documents and issue the license or submit the license to the Minister of Information and Communications for approval. For cases stipulated in Clause 2, Article 19 and Clause 3, Article 20 of this Decree, the enterprise will be granted a telecommunication license within five working days from the date the enterprise completes its obligation to ensure implementation of the license as notified by the specialized management agency on telecommunications;

c) If the license is refused, the specialized management agency on telecommunications shall notify the enterprise applying for the license in writing, stating the reasons for refusal.

5. The telecommunication services business license includes the following main information:

a) Enterprise name, enterprise trading name in Vietnamese and foreign languages (if any); headquarters location, branch and representative office locations in Vietnam;

b) License number, date of issuance, expiration date of the license;

c) Type of telecommunication network, scope of network establishment (if any);

d) Scope of business, types of services permitted to be operated (if any);

đ) Conditions that the enterprise must comply with when establishing a telecommunication network and providing telecommunication services.

6. Publicizing the Content of the Telecommunication Services Business License

Within thirty days from the date of issuance of the telecommunication services business license, the enterprise must publish the contents specified in Points a, b, c, d of Clause 5 of this Article in one of the newspapers or online newspapers in three consecutive issues.

Article 24. Amending, supplementing, and extending the telecommunications service business license

1. Within the validity period of the telecommunications service business license, the enterprise that has been licensed must complete the procedures to request amendments and supplements to the contents of the telecommunications service business license when there are the following changes:

a) Changing the name of the licensed enterprise;

b) Changing the scope of establishing telecommunications networks, the scope of providing telecommunications services, and the types of services already licensed in accordance with the regulations of the Ministry of Information and Communications;

c) Other cases of change as prescribed by the Ministry of Information and Communications.

2. In the case of changing the main office address or the legal representative, the enterprise does not need to complete the procedures for amending the telecommunications license but must notify the licensing authority within thirty days from the date of the official change.

3. Procedures for amending and supplementing the contents of the license

a) The enterprise submitting the application for amending and supplementing the contents of the telecommunications service business license must submit three sets of applications to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application. The application for amending and supplementing the contents of the telecommunications service business license includes: An application form for amending and supplementing the contents of the license according to the model issued by the Ministry of Information and Communications; a report on the operation status of the enterprise; a detailed description report of the proposed amendments and supplements and other related documents;

b) The specialized management agency for telecommunications receives and examines the validity of the application within five working days from the date of receipt of the application; reviews and decides to amend and supplement or submits to the Minister of Information and Communications for decision to amend and supplement the contents of the license according to the authority stipulated in Clause 1, Article 18 of this Decree within forty working days from the date of receipt of the valid application. In the case of refusing to amend and supplement the contents of the license, the specialized management agency for telecommunications has the responsibility to reply in writing stating the reasons for refusal for the enterprise requesting amendments and supplements to know.

4. Extending the license

a) An enterprise that has been granted a telecommunications service business license wishing to extend the license must submit three sets of extension application forms to the specialized management agency for telecommunications at least sixty days before the license expires and must be responsible for the accuracy and truthfulness of the application;

b) The application for extending the license includes: An extension application form according to the model issued by the Ministry of Information and Communications; a report on the implementation of the license;

c) The specialized management agency for telecommunications receives and examines the validity of the application within five working days from the date of receipt of the application; reviews and decides to extend or submits to the Minister of Information and Communications for decision to extend the license within forty working days from the date of receipt of the valid application. In the case of refusing to extend the license, the specialized management agency for telecommunications has the responsibility to reply in writing stating the reasons for the enterprise requesting extension to know.

5. The publication of the contents of the amended, supplemented, and extended telecommunications service business license shall be carried out in accordance with the provisions of Clause 6, Article 23 of this Decree.

Article 25. Issuance, Amendment, Supplement, and Extension of Permits for the Installation of Submarine Telecommunication Cables

1. Issuance of Permit for the Installation of Submarine Telecommunication Cables

An organization requesting issuance of a permit for the installation of submarine telecommunication cables must submit five sets of application documents to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application documents. The application documents for the issuance of a permit for the installation of submarine telecommunication cables include:

a) An application form for the issuance of a permit for the installation of submarine telecommunication cables according to a model issued by the Ministry of Information and Communications;

b) A project for the installation of submarine telecommunication cables specifying the nature, objectives, and scope of the cable route, issues related to marine surveys and underwater activities; a list of capital contributors to the cable route; technical design and geographic location, proposed coordinates of the submarine telecommunication cable route to be installed; construction organization plans and security and environmental protection plans.

2. Time Limit and Processing Procedure for Application Documents

a) The specialized management agency for telecommunications receives and examines the validity of the application documents within ten working days from the date of receipt of the documents; sends the application documents to the Ministry of National Defense, the Ministry of Foreign Affairs, and relevant agencies and organizations within ten working days from the date of receipt of valid application documents. Within thirty working days from the date of receipt of the application documents, the Ministry of National Defense, the Ministry of Foreign Affairs, and relevant agencies and organizations shall provide written responses;

b) The specialized management agency for telecommunications reviews and submits to the Minister of Information and Communications for consideration of issuing the permit within thirty working days from the date of receipt of the written responses from the Ministry of National Defense, the Ministry of Foreign Affairs, and relevant agencies and organizations. In case of refusal to issue the permit, the specialized management agency for telecommunications shall provide a written response stating the reasons for refusal to the organization requesting the permit;

c) Based on the issued permit, the specialized management agency for telecommunications collaborates with the General Staff of the Ministry of National Defense to allow vessels to enter Vietnam's territorial waters for surveying, installing, maintaining, and repairing submarine telecommunication cables according to the permit and relevant laws.

3. Amendment and Supplement of Permit Content

a) During the validity period of the permit for the installation of submarine telecommunication cables, the organization granted the permit must submit five sets of application documents for amending and supplementing the permit content to the specialized management agency for telecommunications when there are changes in the name of the permitted organization or information about the installed cable route.

For changes in the main office address, the organization granted the permit does not need to go through the procedure to amend the telecommunications permit but must notify the issuing authority within thirty days from the official change date.

b) Application documents for amending and supplementing the permit content include: An application form for amending and supplementing the permit content according to a model issued by the Ministry of Information and Communications; a detailed report describing the supplementary and amended content and related documents. The organization submitting the documents bears responsibility for the accuracy and truthfulness of the documents;

c) The specialized management agency for telecommunications receives and examines the validity of the application documents within ten working days from the date of receipt of the documents; reviews and submits to the Minister of Information and Communications for consideration of amending and supplementing the permit content within thirty working days from the date of receipt of valid application documents. If opinions from relevant agencies and organizations are required, the above time limit may be extended but shall not exceed sixty working days from the date of receipt of valid application documents. In case of refusal to issue the permit for amendment and supplementation, the specialized management agency for telecommunications shall provide a written response stating the reasons for refusal and the requirements that need to be implemented known to the organization requesting amendment and supplementation of the permit content.

4. Extending the license

a) An organization granted a permit for the installation of a submarine telecommunication cable route wishing to extend the permit must submit five sets of application documents for extension to the specialized management agency for telecommunications at least ninety days before the permit expires and bear responsibility for the accuracy and truthfulness of the documents. The application documents for extension include: An application form for extending the permit according to a model issued by the Ministry of Information and Communications; a report on the implementation of the permit;

b) The specialized management agency for telecommunications receives and examines the validity of the application documents within ten working days from the date of receipt of the documents; reviews and submits to the Minister of Information and Communications for consideration of extension within thirty working days from the date of receipt of valid application documents. If opinions from relevant agencies and organizations are required, the above time limit may be extended but shall not exceed sixty working days from the date of receipt of valid application documents. In case of refusal to extend the permit, the specialized management agency for telecommunications shall provide a written response stating the reasons to the organization requesting extension of the permit.

Article 26. Issuance, Amendment, Supplement, and Extension of Licenses for Establishing Private Telecommunication Networks

1. Issuance of License for Establishing Private Telecommunication Networks

An organization requesting issuance of a license to establish a private telecommunication network must submit three sets of application documents to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application documents. The application documents include:

a) A request form for issuing a license to establish a private telecommunication network according to the model issued by the Ministry of Information and Communications;

b) A certified copy of the decision on establishment, business license, or a certified copy of the business registration certificate of the organization requesting the license;

c) A certified copy of the charter, document stipulating the organizational structure or form of association and joint operation among members (if applicable);

d) A project for establishing the network, which clearly states: Purpose of establishing the network; network configuration; type of equipment; services used; members of the network (if applicable); scope of operation, technology used; frequency, code, telecommunication number requested to be used (if applicable); equipment and technical measures to ensure information security and safety.

2. Time Limit and Processing Procedure for Application Documents

The specialized management agency for telecommunications shall accept and examine the validity of the application documents within ten working days from the date of receipt of the documents; review and issue the license or refer to the Minister of Information and Communications for issuance of the license within thirty working days from the date of receipt of valid documents. In case of refusal to issue the license, the specialized management agency for telecommunications shall have the responsibility to reply in writing stating the reasons for refusal to the organization requesting the license. If there are issues requiring additional verification, the time limit for issuing the license may be extended but not exceeding forty-five working days from the date of receipt of valid documents.

For applications to establish private telecommunication networks by foreign diplomatic missions, consular posts, and international organizations' representative offices in Vietnam that enjoy diplomatic and consular privileges and immunities, the Ministry of Information and Communications shall issue the license based on the written opinion of the Ministry of Foreign Affairs and the Ministry of Public Security.

3. Amendment and Supplement of Permit Content

a) Within the validity period of the license, the licensed organization must submit three sets of application documents for amending and supplementing the content of the license through postal service, direct submission, or other forms to the specialized management agency for telecommunications when there are changes in the name of the licensed organization, member list of the network, network configuration, scope of network operation, or type of service provided.

In cases of changing the main office address, the licensed organization does not need to go through the procedure to amend the telecommunication license but must notify the licensing authority within thirty days from the date of the official change.

b) Application documents for amending and supplementing the content of the license include: A request form for amending and supplementing the content of the license according to the model issued by the Ministry of Information and Communications; detailed description of the proposed amendments and supplements; other relevant documents related to the amendment and supplementation of the license content;

c) The specialized management agency for telecommunications shall accept and examine the validity of the application documents within five working days from the date of receipt of the documents; review and issue the amendment and supplementation or refer to the Minister of Information and Communications for issuance of the amendment and supplementation within thirty working days from the date of receipt of valid documents. In case of refusal to issue the amendment and supplementation, the specialized management agency for telecommunications shall have the responsibility to reply in writing stating the reasons for refusal and the requirements to be fulfilled by the organization requesting the license.

4. Extending the license

a) An organization holding a license to establish a private telecommunication network wishing to extend the license must submit three sets of application documents for extension to the specialized management agency for telecommunications at least thirty days before the expiration date of the license and bear responsibility for the accuracy and truthfulness of the application documents.

b) Application documents for extension include a request form for extension according to the model issued by the Ministry of Information and Communications, and a report on the implementation of the license.

c) The specialized management agency for telecommunications shall accept and examine the validity of the application documents within five working days from the date of receipt of the documents; review and extend the license or refer to the Minister of Information and Communications for extension within thirty working days from the date of receipt of valid documents. In case of refusal to extend, the specialized management agency for telecommunications shall have the responsibility to reply in writing stating the reasons to the organization requesting the extension.

Article 27. Issuance and Extension of Experimental Network and Telecommunication Service License

1. Issuance of Experimental License

Organizations wishing to conduct experimental networks and telecommunication services must submit three sets of application documents to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application documents. The documents include:

a) An application form for establishing an experimental network and providing telecommunication services according to a model issued by the Ministry of Information and Communications;

b) An experimental project for networks and telecommunication services, clearly defining: Objectives, scope, scale of investment, duration of the experiment; network configuration, type of service, cooperating parties for the experiment (if any); proposed tariff rates (if any); frequency bands and number ranges requested for permission to conduct experiments (if any); terms and conditions to ensure users' rights if the service is not officially provided after the experimental period ends due to the enterprise's decision.

2. Time Limit and Processing Procedure for Application Documents

The specialized management agency for telecommunications receives and examines the validity of the application documents within five working days from the date of receipt; reviews and issues the license or refers it to the Minister of Information and Communications for issuance within thirty working days from the date of receiving valid application documents. In case of refusal to issue the license, the specialized management agency for telecommunications has the responsibility to respond in writing, clearly stating the reasons for refusal to the organization requesting the experimental license.

3. Extension of permits

a) Organizations holding an experimental network and telecommunication service license wishing to extend the license must submit three sets of extension application documents to the specialized management agency for telecommunications at least thirty days before the license expires and bear responsibility for the accuracy and truthfulness of the application documents. The extension application documents include: An extension request form according to a model issued by the Ministry of Information and Communications; report on the implementation of the license;

b) The specialized management agency for telecommunications receives and examines the validity of the application documents within five working days from the date of receipt; reviews and issues the extension or refers it to the Minister of Information and Communications for issuance within thirty working days from the date of receiving valid application documents. In case of refusal to extend, the specialized management agency for telecommunications has the responsibility to respond in writing, clearly stating the reasons for refusal to the organization requesting the extension.

4. Upon completion of the experimental period, organizations that have been granted the license are responsible for summarizing and completing the experimental documentation and reporting the results of the experiment to the specialized management agency for telecommunications.

5. After the experimental period, organizations that have been granted the license wishing to put telecommunication networks and services into official operation must apply for a telecommunication license.

Article 28. Reissuance of Telecommunication Licenses

In cases where telecommunication licenses are lost, torn, burned, or destroyed in other ways, organizations that have been granted the license must submit an application for reissuance of the telecommunication license according to a model issued by the Ministry of Information and Communications to the specialized management agency for telecommunications. The specialized management agency for telecommunications will review and reissue the license or refer it to the Minister of Information and Communications for reissuance within five working days from the date of receipt of the reissue application. Organizations that receive a reissued telecommunication license are responsible for paying the reissue fee as prescribed.

Article 29. Telecommunications Revenue

1. Telecommunications revenue includes specialized telecommunications goods revenue and telecommunications service revenue.

2. Specialized telecommunications goods revenue is the revenue derived from the business of specialized telecommunications goods as stipulated in Clause 1, Article 10 of this Decree, reflected in the accounting books of the telecommunications enterprise.

3. Telecommunications service revenue is the revenue derived from the business of telecommunications services as stipulated in Article 9 of this Decree, reflected in the accounting books of the telecommunications enterprise, including:

a) Revenue from tariff rates applied to telecommunications service users;

b) Revenue from the difference in tariff payments between telecommunications enterprises;

c) Revenue from the international payment difference between telecommunications enterprises and foreign partners;

d) Other revenues as prescribed by the Ministry of Information and Communications.

4. The telecommunications service revenue specified in Clause 3 of this Article shall be used to determine the market share of telecommunications enterprises, calculate the contribution of telecommunications enterprises to the Vietnam Universal Telecommunications Service Fund, and pay the telecommunications operation fee.

Article 30. Telecommunications Operation Fee

1. The telecommunications operation fee is determined according to the provisions of Clause 1, Article 41 of the Telecommunications Law for the implementation of the State's telecommunications policy during each period and to ensure compensation for costs related to telecommunications management. The amount paid as the telecommunications operation fee is recorded as part of the operating expenses of organizations and enterprises.

2. Organizations granted telecommunications licenses have the responsibility to pay the telecommunications operation fee according to the following principles:

a) Enterprises granted a license to establish public telecommunications networks: Pay annually at a fixed rate, the amount payable depending on the type of telecommunications network, the scope and scale of the network, the quantity and value of telecommunications resources required to establish the network, and the extent of use of airspace, land surface, underground space, riverbeds, and seabeds for the construction of passive telecommunications infrastructure;

b) Enterprises granted a license to provide telecommunications services: Pay annually at a percentage of the revenue from telecommunications services specified in the license, with the maximum amount not exceeding 1% of the revenue from telecommunications services but not less than a fixed amount depending on the permitted service and the quantity and value of telecommunications resources required to be allocated;

c) Organizations granted a license to establish private telecommunications networks, test network and telecommunications service licenses: Pay once at a fixed rate for the entire duration of the license;

d) Organizations granted a license to install submarine telecommunications cables: Pay once at a fixed rate for the entire duration of the license and for each time a ship enters for surveying, installation, repair, and maintenance of the cable route.

3. Organizations and enterprises granted telecommunications licenses have the responsibility to fully and timely pay the telecommunications operation fee according to the notification of the licensing authority.

4. The Ministry of Finance, in coordination with the Ministry of Information and Communications, shall prescribe or submit to the competent state agency for detailed regulations on the collection, payment, management, and use of the telecommunications operation fee.

Chapter V

TELECOMMUNICATIONS RESOURCES, TECHNICAL STANDARDS, QUALITY

 AND TELECOMMUNICATIONS TARIFFS

Article 31. Allocation of Frequency Bands and Telecommunication Subscriber Numbers

1. To ensure the effective use of radio frequency bands and telecommunication number pools, frequency bands and telecommunication subscriber numbers shall only be allocated to enterprises with permits to establish public telecommunications networks as follows:

a) Fixed terrestrial telecommunications networks established within a region or nationwide;

b) Mobile terrestrial telecommunications networks established nationwide;

c) Fixed satellite telecommunications networks;

d) Mobile satellite telecommunications networks.

2. Enterprises providing telecommunications services through resale shall lease subscriber numbers from telecommunications enterprises that have been allocated telecommunication subscriber numbers.

3. The Ministry of Information and Communications shall stipulate and guide the allocation of frequency bands and telecommunication subscriber numbers for organizations with permits to establish private telecommunications networks.

Article 32. Changing Telecommunication Subscriber Numbers

1. A telecommunication subscriber number is a series of digits (or characters) indicating a unique end point in a telecommunications network, including information necessary for routing calls to that end point.

2. Changing a telecommunication subscriber number involves implementing changes to the length and structure of the currently used telecommunication subscriber number on the telecommunications network.

3. Changing telecommunication subscriber numbers shall be carried out in the following cases:

a) Increasing the capacity of telecommunication subscriber numbers to meet the demand for subscribers;

b) Ensuring the requirements for managing, operating the network, and providing efficient telecommunications services;

c) Adjusting, supplementing, and modifying the national numbering plan to meet technological and policy requirements for telecommunications development;

d) Other cases as prescribed by the Ministry of Information and Communications.

4. Telecommunications enterprises when changing telecommunication subscriber numbers shall be responsible for:

a) Developing and implementing a plan for changing telecommunication subscriber numbers of the enterprise in accordance with the national numbering plan or the approved subscriber number change plan by the Ministry of Information and Communications;

b) Announcing the change of telecommunication subscriber numbers on mass media at least 60 days before implementing the change of telecommunication subscriber numbers;

c) Guiding users of telecommunications services on how to dial after the change of telecommunication subscriber numbers;

d) Coordinating with other telecommunications enterprises to implement the change of telecommunication subscriber numbers;

đ) Implementing technical measures to minimize disconnection issues (if any) before, during, and after the process of changing telecommunication subscriber numbers;

e) Reporting in writing to the specialized management agency for telecommunications about the results of changing telecommunication subscriber numbers.

5. Telecommunications enterprises are not liable for indirect losses or lost benefits due to the change of telecommunication subscriber numbers.

Article 33. Procedures for Changing Telecommunication Subscriber Numbers

1. Changing telecommunication subscriber numbers without altering their length or structure:

a) In the case where a telecommunications enterprise changes less than 10,000 telecommunication subscriber numbers issued to subscribers within a province or centrally governed city without altering the length or structure of the telecommunication subscriber numbers and ensuring compliance with the national numbering plan: The telecommunications enterprise shall carry out the change of telecommunication subscriber numbers according to Clause 4 of Article 32 of this Decree and report to the specialized management agency for telecommunications;

b) In the case where a telecommunications enterprise changes more than 10,000 telecommunication subscriber numbers issued to subscribers or the scope of change spans two provinces or centrally governed cities or more without altering the length or structure of the telecommunication subscriber numbers and ensuring compliance with the national numbering plan: The telecommunications enterprise must submit a proposal file to the specialized management agency for telecommunications at least 90 days before the date of changing telecommunication subscriber numbers and may only proceed with the change of telecommunication subscriber numbers after receiving approval in writing from the specialized management agency for telecommunications;

c) The proposal file for changing telecommunication subscriber numbers includes: A request form for changing telecommunication subscriber numbers according to a model issued by the Ministry of Information and Communications; a plan for changing telecommunication subscriber numbers, specifying the scope of change, the number of subscribers to be changed, and the expected time for the change; a technical solution, including a trial implementation plan for the change and measures to limit disconnections during and after the change;

d) The specialized management agency for telecommunications shall accept and process the files mentioned in Point c of this Clause within 30 working days from the date of receipt of valid files. If the change is not approved, the specialized management agency for telecommunications shall be responsible for notifying the enterprise in writing, clearly stating the reasons for rejection.

2. Changing telecommunication subscriber numbers with alterations to their length or structure:

The specialized management agency for telecommunications shall be responsible for developing a plan for changing telecommunication subscriber numbers and submitting it for approval by the Minister of Information and Communications; organizing and directing telecommunications enterprises to implement the approved plan for changing telecommunication subscriber numbers.

Article 34. Telecommunications Technical Standards System and Radio Frequency

The telecommunications technical standards system and radio frequency includes technical standards on:

1. Terminal equipment.

2. Network equipment.

3. Billing measurement equipment.

4. Telecommunication network interconnection.

5. Telecommunication services.

6. Passive telecommunication infrastructure.

7. Radio emission quality of radio equipment.

8. Safety from radio frequency radiation of radio equipment, radio wave application equipment, radio stations.

9. Electromagnetic compatibility safety of radio equipment, telecommunication equipment, information technology equipment, radio wave application equipment, and electrical and electronic equipment.

10. Installation, operation, testing of network equipment, passive telecommunication infrastructure, management of telecommunication services.

11. Other telecommunications technical standards as prescribed by the Ministry of Information and Communications.

Article 35. Telecommunication Quality Management

1. The conformity assessment of technical standards for equipment, networks, services, and passive telecommunication infrastructure shall be carried out as follows:

a) Terminal equipment, radio equipment, radio wave application equipment, information technology equipment, electrical and electronic equipment listed in the catalog of telecommunication equipment, radio equipment, radio wave application equipment, information technology equipment, electrical and electronic equipment capable of causing safety hazards issued by the Ministry of Information and Communications must undergo conformity certification or declaration before entering the market or connecting to public telecommunication networks;

b) Passive telecommunication infrastructure, telecommunication network interconnection, telecommunication services listed in the catalog of mandatory quality-managed telecommunication networks and services issued by the Ministry of Information and Communications must undergo conformity declaration procedures before being put into supply or use.

2. Telecommunication equipment inspection is the process of testing, certifying, or declaring compliance with telecommunications technical standards for installed telecommunication equipment before it is put into operation. Telecommunication equipment inspection is carried out as follows:

a) Network equipment listed in the catalog of mandatory inspected telecommunication equipment issued by the Ministry of Information and Communications must undergo testing and certification of compliance or testing and declaration of compliance before being put into operation;

b) Billing measurement equipment listed in the catalog of mandatory inspected telecommunication equipment issued by the Ministry of Information and Communications must undergo testing and certification of compliance before being put into operation;

c) Radio stations listed in the catalog of mandatory inspected radio stations for safety from radio frequency radiation issued by the Ministry of Information and Communications must undergo testing and certification of compliance or testing and declaration of compliance before being put into use.

3. The Ministry of Information and Communications is responsible for:

a) Specifying detailed regulations on conformity assessment activities and telecommunication equipment inspection;

b) Designating and recognizing organizations for conformity certification, testing units, and laboratories in the field of telecommunications and radio frequencies.

Article 36. Principles for Promotions on Telecommunication Services and Specialized Telecommunication Goods

1. Telecommunication enterprises shall not conduct promotions with the purpose of unfair competition in the telecommunication market, selling telecommunication services and specialized telecommunication goods at dumping prices.

2. Telecommunication enterprises are responsible for ensuring that the quality of promoted telecommunication services and specialized telecommunication goods meets the legal regulations on technical standards, quality control of telecommunication services and specialized telecommunication goods.

3. Telecommunication enterprises shall not promote by reducing the rates of telecommunication services or the sale prices of specialized telecommunication goods for telecommunication services and specialized telecommunication goods whose specific prices are set by the State. Telecommunication enterprises shall not promote by reducing the rates of telecommunication services or the sale prices of specialized telecommunication goods below the minimum level for telecommunication services and specialized telecommunication goods whose price ranges or minimum prices are set by the State.

4. The service brand names and product brand names of specialized telecommunication goods are defined according to the List of Telecommunication Services and the List of Specialized Telecommunication Goods issued by the Ministry of Information and Communications.

5. The material value used for promotion for each unit of telecommunication service or specialized telecommunication good shall not exceed 50% of the price of that unit of telecommunication service or specialized telecommunication good before the promotion period, except in the following cases:

a) Providing telecommunication services and offering samples of specialized telecommunication goods for customers to try without charge;

b) Providing telecommunication services and giving away specialized telecommunication goods to customers without charge, without accompanying the provision of telecommunication services or specialized telecommunication goods;

c) Providing telecommunication services and selling specialized telecommunication goods with attached contest entry tickets for customers to choose prize winners according to announced rules and prizes;

d) Providing telecommunication services and selling specialized telecommunication goods with attached participation in promotional programs with a chance element;

đ) Organizing regular customer programs.

6. The total maximum value of services and goods used for promotion shall not exceed 50% of the total value of telecommunication services and specialized telecommunication goods being promoted, except when promoting through the provision of samples of specialized telecommunication goods or telecommunication services for customers to try without charge.

7. Forms of discount promotions for telecommunication services and specialized telecommunication goods include:

a) Providing telecommunication services and selling specialized telecommunication goods at lower prices than before;

b) Using units of telecommunication services or specialized telecommunication goods to promote the same units of telecommunication services or specialized telecommunication goods while maintaining the original selling price;

c) Promoting through providing telecommunication services or selling specialized telecommunication goods with attached usage vouchers for the same telecommunication services or purchase vouchers for the same specialized telecommunication goods;

d) Other forms as prescribed by the Ministry of Information and Communications.

8. The total duration of discount promotion programs conducted by telecommunication enterprises for a telecommunication service brand name or specialized telecommunication goods brand name, as stipulated by the Ministry of Information and Communications, shall not exceed 90 days in a year, and a single promotion program shall not exceed 45 days.

9. The total duration of promotion for a type of telecommunication service brand name or specialized telecommunication goods brand name when conducting a promotion program involving the provision of telecommunication services or selling specialized telecommunication goods with attached participation in promotional programs with a chance element shall not exceed 180 days in a year, and a single promotion program shall not exceed 90 days.

Article 37. Management of Promotions for Telecommunication Services and Specialized Telecommunication Goods

1. Only telecommunication enterprises permitted may promote telecommunication services and specialized telecommunication goods.

2. Telecommunication enterprises may directly organize and implement promotions or hire trading businesses providing promotional services to carry out promotions of their telecommunication services and specialized telecommunication goods according to agreements with such businesses. In cases where telecommunication enterprises hire trading businesses providing promotional services to carry out promotions of their telecommunication services and specialized telecommunication goods, the telecommunication enterprises must ensure that the promotions are carried out in accordance with the announced or registered promotion programs with state management agencies on promotions.

3. Agents selling specialized telecommunication goods of telecommunication enterprises must implement promotions in accordance with the promotion programs announced or registered with state management agencies on promotions by telecommunication enterprises.

4. When implementing promotion programs for telecommunication services and specialized telecommunication goods, telecommunication enterprises must notify the specialized management agency on telecommunication and the provincial Department of Information and Communications. Prior to implementing discount promotion programs for services listed in the Tariff Registration List, telecommunication enterprises must register with the specialized management agency on telecommunication.

5. Telecommunication enterprises have the responsibility to periodically and promptly report to the specialized management agency on telecommunication about the list and content of their telecommunication service promotion programs as required.

6. The Ministry of Information and Communications has the responsibility to:

a) Specify the list, units, forms of promotions, maximum material value of promotions applicable to each unit of telecommunication services and specialized telecommunication goods, total value of services and goods for promotion in a promotion program to ensure fair competition in the telecommunication service market;

b) Take the lead and coordinate with the Ministry of Industry and Trade to specify regulations on promotions for the provision of telecommunication services and specialized telecommunication goods.

7. The specialized management agency on telecommunication has the right to suspend the implementation of all or part of a promotion program of a telecommunication enterprise if it discovers violations of regulations on promoting telecommunication services and specialized telecommunication goods.

Article 38. Management of Tariffs for Telecommunication Services

1. Forms of tariff management

a) Setting tariffs: The Ministry of Information and Communications issues tariffs, tariff frameworks for public telecommunication services, and interconnection tariffs;

b) Registering tariffs: Leading telecommunication enterprises before issuing and applying leading telecommunication service tariffs must register tariffs with the specialized management agency on telecommunication;

c) Notifying tariffs: Telecommunication enterprises independently set tariffs for telecommunication services outside those specified in points a and b of this Clause and have the responsibility to notify the specialized management agency on telecommunication.

2. Implementation of tariff reductions for public services shall be carried out as follows:

a) Telecommunication enterprises are responsible for developing and submitting to the Ministry of Information and Communications plans for reducing tariffs to serve public telecommunication tasks;

b) The Ministry of Information and Communications decides on plans for reducing tariffs to serve public telecommunication tasks after reaching consensus with the Ministry of Finance;

c) The Ministry of Finance is responsible for ensuring funds to compensate telecommunication enterprises for carrying out public telecommunication tasks according to the tariff reduction plans decided upon in Point b of this Clause.

3. Telecommunication enterprises may not provide telecommunication services at tariffs lower than the average tariff level in the Vietnamese telecommunication service market as stipulated by the Ministry of Information and Communications.

4. In addition to the provisions of Clause 3 of this Article, leading telecommunication enterprises may not issue telecommunication service tariffs lower than cost.

5. In cases where telecommunication service tariffs increase or decrease unreasonably compared to costs, or increase or decrease abnormally compared to the average tariff causing instability in the telecommunication market, harming the legitimate rights and interests of telecommunication service users, other telecommunication enterprises, and the State, the Ministry of Information and Communications has the responsibility to implement or direct the specialized management agency on telecommunication to implement the following measures to control and stabilize telecommunication tariffs:

a) Specifying maximum tariffs, minimum tariffs, and tariff frameworks for telecommunication services;

b) Controlling factors related to the form of telecommunication service tariffs;

c) Publicizing information on tariffs;

d) Specifying mechanisms for managing telecommunication tariffs during different periods;

đ) Deciding to suspend the implementation of unreasonable telecommunication service tariffs determined by telecommunication enterprises;

e) Deciding to organize inspection and audit teams to check compliance with state regulations on managing telecommunication service tariffs.

Article 39. Telecommunications Business Reports

1. The Ministry of Information and Communications shall stipulate the reporting regime and issue templates for telecommunications business reports.

2. Telecommunications enterprises shall be responsible for:

a) Reporting periodically and on demand regarding telecommunications business matters to specialized telecommunications management agencies, and shall be accountable for the accuracy and timeliness of the content and data in such reports;

b) Proving the accuracy of the content and data in the reports when requested;

c) Providing online access to the content and data in the reports to information retrieval devices upon request from specialized telecommunications management agencies.

3. Specialized telecommunications management agencies shall be responsible for using the content and data in telecommunications business reports to publish statistical reports, analyses, and manage market regulation of telecommunications services.

Chapter VI

TELECOMMUNICATIONS WORK

Article 40. Planning of Passive Telecommunications Infrastructure

1. Planning of passive telecommunications infrastructure includes:

a) Planning for constructing important telecommunications works related to national security and public telecommunications service provision points of telecommunications enterprises, specifying the scale, scope, and location for building and installing these works;

b) Peripheral network planning, determining requirements and conditions for the installation of antenna poles; routes and directions for erecting hanging poles, conduits, and cable ducts.

2. Important telecommunications works related to national security are telecommunications works of particular importance to the operation of the entire national telecommunications network and directly affecting economic and social development, ensuring national security and defense, including:

a) International telecommunications transmission system works, long-distance inter-provincial works;

b) International telecommunications management, control, routing, and switching systems, long-distance inter-provincial and regional works;

c) National, regional, and provincial radio and television signal transmission and broadcasting works;

d) Other telecommunications works as prescribed by the Prime Minister.

3. Public telecommunications service provision points are locations directly managed and operated by telecommunications enterprises to provide telecommunications services to users, including manned service provision points and unmanned service provision points.

4. Provincial People's Committees shall be responsible for establishing, approving, and publishing the plan for passive telecommunications infrastructure every five years, with annual adjustments and incorporating the content of the passive telecommunications infrastructure plan into transportation plans and detailed urban planning at scales of 1/2000 and 1/500 of the locality.

5. Based on the national telecommunications development plan and the passive telecommunications infrastructure plan in their respective areas, telecommunications enterprises shall be responsible for developing the passive telecommunications infrastructure plan for their localities and submitting it to the Provincial People's Committee for approval.

6. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Construction to provide specific guidance on the development of passive telecommunications infrastructure plans.

7. The Ministry of Transport and the Ministry of Construction shall be responsible for coordinating with the Ministry of Information and Communications and the Provincial People's Committees to incorporate the relevant content of the passive telecommunications infrastructure plan into transportation and construction plans within regions and nationwide.

Article 41. Permit for Construction of Passive Telecommunications Infrastructure Projects

1. Prior to commencing construction of passive telecommunications infrastructure projects, the project investor must obtain a construction permit, except in the following cases:

a) Telecommunication cable suspension lines and antenna tower systems not located within urban areas, conforming with the approved passive telecommunications infrastructure planning of the enterprise and the approved investment construction project;

b) Antenna towers that do not significantly obstruct according to the regulations of the Ministry of Information and Communications installed on and atop buildings in urban areas without altering the architectural design, load-bearing structure, safety of the construction project, surrounding environmental aesthetics, and conforming with the approved passive telecommunications infrastructure planning of the enterprise;

c) Public telecommunication service provision points without attendant staff located within the approved passive telecommunications infrastructure planning of the enterprise and having approved design models;

d) Passive telecommunications infrastructure projects installed to provide telecommunication services in emergency situations;

e) Other passive telecommunications infrastructure projects as prescribed by the Ministry of Information and Communications.

2. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Construction to specify and guide the issuance of permits for the construction of passive telecommunications infrastructure projects.

3. Provincial People's Committees shall review, amend, supplement, or revoke, within their authority, local regulations on planning, procedures, and licensing processes for constructing passive telecommunications infrastructure projects that are no longer appropriate; direct inter-agency coordination to ensure that enterprises utilizing land and constructing passive telecommunications infrastructure projects comply with urban aesthetics and conform to the construction planning of the locality.

Article 42. Design, Construction, and Utilization of Telecommunications Facilities

1. Organizations and individuals investing in the construction of multi-user buildings (residential complexes, office buildings, hotels) shall be responsible for designing and installing telecommunications cable systems and access points within the building. The rental price for using the building's cable network shall be based on cost.

2. Organizations and individuals investing in the construction of high-rise multi-user buildings (residential complexes, office buildings, hotels), public construction projects shall be responsible for allocating space for telecommunications enterprises to install antenna towers on the rooftops of buildings, and to install signal receiving and transmitting equipment within buildings and public construction projects if such installation is technically feasible.

3. Investors constructing transportation projects, industrial zones, export processing zones, high-tech parks, and urban areas shall be responsible for allocating space for telecommunications enterprises to construct passive telecommunications infrastructure projects.

4. The utilization of passive telecommunications infrastructure projects must ensure the principle that users have the freedom to choose telecommunications enterprises, promoting competition among telecommunications enterprises in establishing networks and providing services in buildings, public construction projects, transportation projects, industrial zones, export processing zones, high-tech parks, and urban areas.

5. In cases where telecommunications enterprises fail to reach agreements with relevant organizations or individuals regarding the provisions stipulated in Clauses 1, 2, 3, and 4 of this Article, the enterprise has the right to request the provincial People's Committee to consider and resolve the matter, while simultaneously notifying the specialized management agency for telecommunications.

6. All levels of People's Committees shall be responsible for promptly directing the resolution and handling of illegal obstruction, disruption, and destruction of passive telecommunications infrastructure construction and utilization within their jurisdiction.

Article 43. Common Use of Technical Infrastructure

1. The investor of technical infrastructure projects shall be responsible for planning, designing, investing, and constructing technical infrastructure to ensure common use for cable and telecommunications equipment installation in accordance with approved passive telecommunications infrastructure plans.

2. Telecommunication cables may run along roads, streets, sidewalks, bridges, culverts, and other traffic routes. The Ministry of Transport shall guide organizations and individuals managing and operating traffic works to allow telecommunications enterprises to commonly use traffic technical infrastructure for telecommunication cable installation.

3. Telecommunication cables may be installed on power poles in areas where undergrounding is not feasible or separate telecommunication cable poles cannot be constructed, provided that applicable technical standards are met. The Ministry of Industry and Trade shall guide Vietnam Electricity Corporation and organizations and individuals managing and operating the power pole system to allow telecommunications enterprises to commonly use power poles for telecommunication cable installation.

4. Telecommunication cables and equipment may be installed in underground public works, underground traffic works, underground technical hub works, underground parts of ground-level construction works, underground technical wire, cable, pipeline works, trenches, and technical conduits.

5. The Ministry of Construction shall guide organizations and individuals managing and using underground works to allow telecommunications enterprises to commonly use technical infrastructure for telecommunication cable and equipment installation.

6. The rental price for public technical infrastructure works for telecommunication cable and equipment installation shall be determined based on cost to promote the common use of traffic, energy supply, public lighting, water supply, drainage, telecommunications, and other technical infrastructure.

7. The Ministry of Finance shall take the lead and coordinate with relevant ministries and sectors to issue mechanisms and principles for controlling and managing the rental prices of public technical infrastructure works.

8. Provincial People's Committees shall be responsible for managing, specifying, and organizing the implementation of the common use of telecommunications infrastructure with other technical infrastructure at local levels.

Article 44. Undergrounding and Reorganizing Telecommunication Cable Routes

1. Provincial People's Committees shall take the lead and coordinate with the Ministry of Information and Communications to develop and implement plans for undergrounding and reorganizing telecommunication cable routes at local levels.

2. Organizations and individuals participating in undergrounding and reorganizing telecommunication cable routes shall be entitled to investment incentives as prescribed by laws on investment.

3. Telecommunications enterprises shall be responsible for participating in coordination and contributing funds to implement the undergrounding and reorganization of their telecommunication cable routes.

4. Undergrounding and reorganizing telecommunication cable routes shall be carried out according to the principle of maximizing the common use of technical infrastructure works, in compliance with technical standards in the field of telecommunications and construction.

Chapter VII

IMPLEMENTING PROVISIONS

Article 45. Effective Date

1. This Decree takes effect from June 1, 2011.

2. This Decree replaces Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding telecommunications; the provisions on investment in telecommunications in Decree No. 121/2008/NĐ-CP dated December 3, 2008 of the Government on investment activities in the posts and telecommunications sector; and the provisions on telecommunications in Decree No. 97/2009/NĐ-CP on management of Internet services and information content on the Internet.

3. Within two years from the date this Decree takes effect, telecommunications enterprises that have been granted licenses not in compliance with this Decree must submit applications for license issuance or amendment in accordance with guidelines issued by the Ministry of Information and Communications.

4. The Ministry of Information and Communications shall coordinate with relevant ministries and sectors to submit to the Prime Minister for approval a list of telecommunications enterprises and deadlines for those enterprises to restructure ownership by organizations and individuals to comply with Clause 1, Article 3 of this Decree. Telecommunications enterprises listed by the Prime Minister's decision shall be responsible for developing and implementing plans to restructure ownership by organizations and individuals in accordance with the Prime Minister's regulations.

Article 46. Implementation organization

The Minister of Information and Communications is responsible for guiding and inspecting the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial and centrally-run city People's Committees, and related organizations and individuals shall be responsible for enforcing this Decree./.