Circular No. 30/2021/TT-BTTTT amends and supplements certain provisions of Circular No. 25/2015/TT-BTTTT dated September 9, 2015 on the management and use of telecommunications number pools.

CIRCULAR

Amending and supplementing some articles of Circular No. 25/2015/TT-BTTTT dated September 9, 2015, issued by the Minister of Information and Communications on management and use of telecommunications number pools

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

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, of the Government detailing and guiding the implementation of certain provisions of the Telecommunications Law; Decree No. 81/2016/NĐ-CP dated July 1, 2016, of the Government amending and supplementing some articles of Decree No. 25/2011/NĐ-CP dated April 6, 2011, of the Government detailing and guiding the implementation of certain provisions of the Telecommunications Law; Decree No. 49/2017/NĐ-CP dated April 24, 2017, of the Government amending and supplementing Article 15 of Decree No. 25/2011/NĐ-CP dated April 6, 2011, of the Government detailing and guiding the implementation of certain provisions of the Telecommunications Law and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013, of the Government stipulating administrative penalties for violations in the postal, telecommunications, information technology, and radio frequency sectors;

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

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications promulgates this Circular amending and supplementing some articles of Circular No. 25/2015/TT-BTTTT dated September 9, 2015, of the Minister of Information and Communications on management and use of telecommunications number pools.

Article 1. Amending and supplementing some articles of Circular No. 25/2015/TT-BTTTT dated September 9, 2015, of the Minister of Information and Communications on management and use of telecommunications number pools

1. Supplementing Point c Clause 4 as follows:

"c) When changing information about the name of the agency, organization, enterprise on the Decision allocating code, telecommunications number, the agency, organization, enterprise shall be responsible for sending a written notice clearly stating the information about the decision allocating code, number; business registration certificate information (for enterprises); establishment decision information (for agencies, organizations) to the Telecommunications Department."

2. Amending and supplementing certain Points and Clauses of Article 7 as follows:

a) Amending and supplementing Point 6 Clause 1 as follows:

"b) A copy of the telecommunications license (for telecommunications enterprises); a copy of the business registration certificate or investment certificate (for other enterprises); a certified copy of the establishment decision (for non-enterprise agencies, organizations) in case of submitting the dossier through postal service; or a copy of the telecommunications license (for telecommunications enterprises); a copy of the business registration certificate or investment certificate (for other enterprises); a copy of the establishment decision (for non-enterprise agencies, organizations) accompanied by the original of the above documents for verification in case of submitting the dossier directly at the Telecommunications Department."

"a) Deposits of microfinance organizations at credit institutions, branches of foreign banks, except deposits at credit institutions under special control according to Clause 9, Article 174 of the Law on Credit Institutions;"

"a) Agencies, organizations, enterprises submit the dossier directly or through the postal system (specific address publicly available on the Telecommunications Department's website: vnta.gov.vn) or via online services at the National Public Service Portal (http://dichvucong.gov.vn) or the Ministry of Information and Communications' Online Public Service Portal (http://dichvucong.mic.gov.vn) to the Telecommunications Department."

c) Amending and supplementing Point 6 Clause 2 as follows:

"c) The result of dossier processing is returned at the place where the dossier was received or through the postal system or via public service online."

3. Amending and supplementing certain Points and Clauses of Article 8 as follows:

a) Amending and supplementing Point 0 Clause 1 as follows:

"p) The ratio of active fixed terrestrial telecommunications network subscriber numbers of the enterprise over the total number of fixed terrestrial telecommunications network subscriber numbers allocated (calculated separately for each numbering area) must reach at least 70% for the second allocation and onwards (the number of active fixed terrestrial telecommunications network subscribers of the enterprise is compiled from the periodic reports submitted by the enterprise to the Telecommunications Department at the reporting period immediately preceding the allocation request time)."

b) Amend and supplement Clause 2 as follows:

"2. Allocation method: Fixed terrestrial telecommunications network subscriber numbers are allocated in blocks of 1,000 numbers, 10,000 numbers, or 100,000 numbers. The minimum quantity is 1,000 numbers and the maximum is 100,000 numbers per allocation (applicable to the first allocation as well as subsequent allocations) for each numbering area."

4. Amending and supplementing Point b Clause 1 Article 9 as follows:

"b) The ratio of active fixed satellite telecommunications network subscriber numbers of the enterprise over the total number of fixed satellite telecommunications network subscriber numbers allocated must reach at least 70% for the second allocation and onwards (the number of active fixed satellite telecommunications network subscribers of the enterprise is compiled from the periodic reports submitted by the enterprise to the Telecommunications Department at the reporting period immediately preceding the allocation request time)."

5. Amending and supplementing some points and clauses of Article 10 as follows:

a) Amending and supplementing Point 0 Clause 1 as follows:

"b) The ratio of mobile terrestrial telecommunications network subscriber numbers used for individual telecommunications subscribers generating traffic over the total number of mobile terrestrial telecommunications network subscriber numbers used for individual telecommunications subscribers allocated must reach at least 70% for the second allocation and onwards (the number of mobile terrestrial telecommunications network subscribers used for individual telecommunications subscribers generating traffic is compiled from the periodic reports submitted by the enterprise to the Telecommunications Department at the reporting period immediately preceding the allocation request time)."

b) Amending and supplementing Point 0 Clause 2 as follows:

"b) Mobile terrestrial telecommunications network subscriber numbers used for individual telecommunications subscribers are allocated in blocks of 10,000 numbers, 100,000 numbers, or 1,000,000 numbers. The minimum quantity is 10,000 numbers and the maximum is 1,000,000 numbers per allocation (applicable to the first allocation as well as subsequent allocations)."

6. Amending the title and amending and supplementing some points and clauses of Article 11 as follows:

a. Amending the title of Article 11 as follows:

"Article 11. Allocation of mobile network codes and M2M subscriber numbers"

b. Amend and supplement Point b Clause 1 as follows:

"b) The ratio of M2M mobile subscriber numbers with generated traffic to the total number of allocated M2M mobile subscriber numbers shall reach at least 70% for the second allocation onwards (the M2M mobile subscriber numbers with generated traffic are compiled from the periodic reports submitted by enterprises to the Telecommunications Authority in the immediately preceding reporting period before the allocation request)."

c. Amend and supplement Point b Clause 2 as follows:

"b) M2M mobile subscriber numbers are allocated in blocks of 10,000 numbers, 100,000 numbers, or 1,000,000 numbers. The minimum quantity is 10,000 numbers and the maximum is 1,000,000 numbers per allocation (applicable to the first allocation as well as subsequent allocations)."

7. Amend and supplement some Points and Clauses of Article 12 as follows:

2.) Amend and supplement Clause 2 as follows:

"2. Method of allocation: Free call service numbers and high-cost call service numbers are allocated in blocks of 10 numbers, 100 numbers, or 1,000 numbers. The minimum quantity is 10 numbers and the maximum is 1,000 numbers per allocation (applicable to the first allocation as well as subsequent allocations)."

b) Amend and supplement Clause 3 as follows:

1. High-cost call service numbers may only be used to receive incoming calls. High-cost call service numbers must not be used to make outgoing calls. Free call service numbers and high-cost call service numbers must not be used to send and receive messages.

8. Amend and supplement Point c Clause 1 of Article 15 as follows:

"c) The ratio of active Internet telephone subscriber numbers of the enterprise to the total number of allocated Internet telephone subscriber numbers shall reach at least 70% for the second allocation onwards (the Internet telephone subscriber numbers of the enterprise are compiled from the periodic reports submitted by the enterprise to the Telecommunications Authority in the immediately preceding reporting period before the allocation request)."

9. Sửa đổi, bổ sung khoản 1 Điều 18 như sau:

"1. Criteria for allocation: VoIP service codes are allocated to enterprises licensed to provide fixed terrestrial telecommunications services: telephone services. VoIP service codes are not allocated to enterprises that only operate international inbound telephone services."

10. Amend and supplement Clause 1 of Article 19 as follows:

"1. Criteria for allocation: Operator codes are allocated to enterprises licensed to establish public telecommunications networks: fixed terrestrial networks and licensed to provide fixed terrestrial telecommunications services: telephone services."

11. Supplement Article 23a as follows:

"Article 23a: Allocation of auctioned telecommunications codes and numbers

1. Criteria for allocation:

a. Auctioned telecommunications codes and numbers are allocated to agencies, organizations, and enterprises that have been announced as winners of the auction by the Ministry of Information and Communications and have completed all related financial obligations.

b. Performance criteria are not considered when allocating auctioned telecommunications codes and numbers.

c. Performance criteria are not considered when allocating ground mobile network subscriber numbers for individual subscribers and M2M mobile subscriber numbers where such numbers are associated with auctioned mobile network codes.

2. Method of allocation: Auctioned telecommunications codes and numbers are allocated according to the provisions on code and number allocation set forth in this Circular and the auction documentation."

12. Amend and supplement some Points and Clauses of Article 25 as follows:

a) Amend and supplement Clause 1 as follows:

"1. A telecommunications enterprise selling telecommunications services to another telecommunications enterprise may use its allocated subscriber numbers or request allocation of subscriber numbers to lease to that enterprise. A telecommunications enterprise purchasing telecommunications services from another telecommunications enterprise for resale may be assigned subscriber numbers for its subscribers. Only subscriber numbers linked to the resale of telecommunications services may be leased or subleased."

b) Add Clause 5 as follows:

"5) Criteria for allocation of subscriber numbers for leasing as follows:

c. Performance criteria are not considered when allocating initial subscriber numbers for leasing;

d. The ratio of active subscriber numbers (with generated traffic for ground mobile network subscribers) of the leasing enterprise to the total number of allocated subscriber numbers for leasing shall reach at least 70% for the second allocation onwards (subscriber numbers for leasing are compiled from the periodic reports submitted by the leasing enterprise to the Telecommunications Authority in the immediately preceding reporting period before the allocation request)."

e. Supplement Clause 6 as follows:

"6) Subscriber numbers for leasing are allocated in blocks of 10,000 numbers or 100,000 numbers. The minimum quantity is 10,000 numbers and the maximum is 100,000 numbers per allocation (applicable to the first allocation as well as subsequent allocations)."

13. Amend and supplement some Points and Clauses of Article 30 as follows:

4. Amend and supplement Point a Clause 1 as follows:

"a) When there is no longer a need to use them, agencies, organizations, and enterprises submit a request form in accordance with Form 5 issued by Circular 25/2015/TT-BTTTT to the Telecommunications Authority to return codes and numbers on the principle that returned codes and numbers are multiples of the minimum allocation quantities."

b) Amend and supplement Point 0 Clause 1 as follows:

"b) Address for receiving applications and delivering results: Agencies, organizations, and enterprises can submit applications directly or through the postal service (address published on the Telecommunications Authority's website: vnta.gov.vn) or via the National Public Service Portal (http://dichvucong.gov.vn) or the Ministry of Information and Communications' Online Public Service Portal (http://dichvucong.mic.gov.vn). Results of application processing are delivered at the place of submission or through the postal service or via online public service."

Article 2. Effective Date

1. This Circular takes effect from February 15, 2022.

2. Circular No. 40/2017/TT-BTTTT dated December 15, 2017 amending and supplementing certain articles of Circular No. 25/2015/TT-BTTTT dated September 9, 2015 of the Minister of Information and Communications on management and use of telecommunications number pools is repealed from the date this Circular takes effect.

3. In the course of implementation, if any difficulties arise, they should be promptly reported to the Ministry of Information and Communications (Telecommunications Authority) for consideration, guidance, and resolution./.