Decision No. 39/2007/QĐ-TTg On Management of Postal and Telecommunications Service Tariffs

 

Pursuant to …;

On the management of postal and telecommunications service rates

                                     

PRIME MINISTER

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

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

Pursuant to the Ordinance on Prices dated April 26, 2002;

Considering the proposal of the Minister of Posts and Telecommunications,

DECISION:

Article 1. Scope and Applicability

1. This Decision stipulates the management of postal and telecommunications service rates and the price-related activities of organizations and individuals producing, trading, and using postal and telecommunications services.

2. This Decision applies to organizations and individuals providing and using postal and telecommunications services in Vietnam.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decision, the provisions of such international treaties shall be applied.

Article 2. Principles for managing postal and telecommunications service rates

1. Implementing market mechanisms, promoting fair competition, and enhancing the autonomy of enterprises.

2. Ensuring equality without discrimination among service users; encouraging new enterprises to enter the market; ensuring public postal and telecommunications services.

3. Ensuring the rights and legitimate interests of service users, postal and telecommunications enterprises; safeguarding state interests and national sovereignty.

Article 3. Contents of state management over postal and telecommunications service rates

1. Issuing mechanisms, policies, and directing unified implementation nationwide regarding postal and telecommunications service rates in accordance with economic and social development requirements at each stage.

2. Issuing legal documents on postal and telecommunications service rates.

3. Setting rates for important and monopoly postal and telecommunications services.

4. Supervising, inspecting, auditing, and handling according to laws on rate management and related activities concerning postal and telecommunications service rates.

5. Organizing and managing information and forecasting domestic and global postal and telecommunications market prices.

Article 4. Basis for determining postal and telecommunications service rates

1. National economic and social development goals and tasks and industry-specific goals and tasks for each period.

2. International commitments to which Vietnam is a party.

3. Production costs and supply-demand relationships in the market.

4. Rates for similar services in regional and global markets.

Article 5. State management authority over postal and telecommunications service rates

1. The Prime Minister

a) Issuing mechanisms and policies for managing postal and telecommunications service rates;

b) Approving pricing plans for domestic letters up to 20 grams and local telephone calls.

2. The Minister of Posts and Telecommunications

a) Submitting to the Prime Minister for issuance of mechanisms and policies for managing postal and telecommunications service rates and approval of pricing plans for the services mentioned in point b, Clause 1 of this Article.

b) Specifying and publicly announcing criteria, contents of rate management, and lists of postal and telecommunications services provided by enterprises with controlled market shares in compliance with the Competition Law.

c) Based on the principles and approved pricing plans, the Minister of Posts and Telecommunications shall specify:

 - Rates for the services mentioned in point b, Clause 1 of this Article; interconnection rates between telecommunications enterprises;

 - International settlement rates between domestic service providers and foreign enterprises;

 - Rates for leasing channels, shared infrastructure usage, and resale of services between telecommunications enterprises;

 - Public postal service rates, dedicated postal service rates, and public telecommunications service rates after coordination with the Minister of Finance;

d) Specifying postal and telecommunications services for network management and operation;

đ) Proposing and coordinating with the Ministry of Finance to decide on exemptions and reductions in postal and telecommunications service rates as stipulated in Article 9 of this Decision;

e) Directing and guiding the implementation of state regulations on prices in the postal and telecommunications sector;

g) Directing and guiding the implementation of reporting systems, accounting, and auditing procedures to support state management of prices in the postal and telecommunications sector; directing inspections, audits, and handling violations in postal and telecommunications rate management in accordance with regulations;.

3. Ministry of Finance

a) Performing state management functions on prices in the postal and telecommunications sector as prescribed in the Ordinance on Prices;

b) Coordinating with the Ministry of Posts and Telecommunications to guide implementation to ensure that all organizations and individuals comply with postal and telecommunications service rate regulations and the Ordinance on Prices;

c) Agreeing with the Minister of Posts and Telecommunications to issue regulations on public postal service rates, dedicated postal service rates, and public telecommunications service rates in accordance with point c, Clause 2 of Article 5 of this Decision;

d) Deciding on exemptions and reductions in postal and telecommunications service rates as stipulated in Article 9 of this Decision;

đ) Performing specialized inspection functions on prices in the postal and telecommunications sector.

4. The Ministry of Trade

a) Coordinating with the Ministry of Posts and Telecommunications to establish measures for managing competition and promotions in the postal and telecommunications sector;

b) Performing specialized inspection functions on competition and promotions in the postal and telecommunications sector.

Article 6. Rights and responsibilities of postal and telecommunications enterprises

1. Rights of postal and telecommunications enterprises

a) To determine the tariff for postal and telecommunications services provided by the enterprise within the framework or limit set by competent state authorities, except for services whose tariffs are prescribed by the State.

b) To exercise the right to lodge complaints under the law against contents regarding prices established by competent state authorities that cause damage to the legitimate interests of the enterprise.

c) To lodge complaints and denunciations according to regulations concerning violations of laws on pricing.

2. Responsibilities of postal and telecommunications enterprises

a) To develop and submit to the competent authority proposals for service tariffs prescribed by the State;

b) To comply strictly, fully, and promptly with regulations on price stabilization;

c) To display and announce prices in accordance with the provisions of the Pricing Ordinance;

d) To account for costs and determine the cost price of postal and telecommunications services in accordance with the regulations;

đ) To implement reporting systems, accounting systems, auditing systems, and information systems serving state management of prices in the postal and telecommunications sector;

e) To collect charges from service users and settle service tariffs with other enterprises at the correct rate and based on signed contracts;

g) To be subject to inspection and examination of service tariffs by competent state authorities in accordance with the law;

h) To compensate for damages caused by violations of laws on pricing.

Article 7. Postal and telecommunications enterprises shall not carry out the following actions

1. To abuse their position or collusion to set prices, impose service prices, causing damage to the legitimate interests of service users, other enterprises, and national interests.

2. To take advantage of unusual times (festivals, natural disasters, epidemics, etc.) to increase prices or force prices.

3. To use misleading or unhealthy advertising or promotional methods, selling services below cost.

4. To falsely increase or decrease prices contrary to regulations on service promotions.

5. Actions violating competition laws as stipulated by law.

Article 8. Rights and responsibilities of postal and telecommunications service users

1. To be provided with information and have the right to request postal and telecommunications enterprises to provide information, guidance, and explanations about tariffs for services provided by the enterprise.

2. To lodge complaints in accordance with regulations regarding errors in tariffs, and the provision of postal and telecommunications services related to tariffs.

3. To pay tariffs according to the terms of the signed contracts for the provision and use of postal and telecommunications services.

4. Fulfill other obligations as prescribed by law.

Article 9. Exemption and reduction of postal and telecommunications service tariffs

Emergency information serving defense, security tasks, and special political tasks; serving flood, storm, disaster prevention, rescue, and other catastrophes; serving emergency medical care, epidemic prevention, and other emergency information as prescribed by laws on emergencies shall be exempted or reduced from postal and telecommunications service tariffs. The Minister of Finance shall coordinate with the Minister of Posts and Telecommunications to make specific decisions.

Article 10. Provisions on implementation

1. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 217/2003/QĐ-TTg dated October 27, 2003 of the Government Chairman on managing postal and telecommunications service tariffs.

2. The Minister of Posts and Telecommunications shall lead and coordinate with the Ministry of Finance and the Ministry of Trade to guide the implementation of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial People's Committees, and postal and telecommunications enterprises are responsible for implementing this Decision./.