Circular No. 39/2009/TT-BTTTT amending and supplementing Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008 of the Ministry of Information and Communications on the regulations regarding the acceptance of volume of public telecommunications services and payment, settlement of support funds for providing public telecommunications services during the period from 2008 to 2010.

CIRCULAR
 

Amending and supplementing Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008

 of the Ministry of Information and Communications promulgating regulations on acceptance of volume of public interest telecommunications services and payment, settlement of support costs for provision of public interest telecommunications services during the period 2008-2010

services for public interest telecommunications and payment, settlement of funding support for providing public interest telecommunications services phase 2008 – 2010

 provision of public interest telecommunications services phase 2008 – 2010

___________________

MINISTER OF INFORMATION AND COMMUNICATIONS
 

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Pursuant to Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on establishment, organization and operation of the Vietnam Public Telecommunications Service Fund;

Pursuant to Decision No. 74/2006/QĐ-TTg dated April 7, 2006 of the Prime Minister approving the Program on Provision of Public Interest Telecommunications Services until 2010;

Pursuant to Circular No. 67/2006/TT-BTC dated July 18, 2006 of the Ministry of Finance guiding the financial management regime of the Vietnam Public Telecommunications Service Fund;

At the proposal of the Director of the Department of Planning and Finance,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Amending and supplementing the regulations on acceptance of volume of public interest telecommunications services and payment, settlement of support costs for provision of public interest telecommunications services during the period 2008-2010 promulgated together with Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008 of the Ministry of Information and Communications as follows:

1. Supplement Point c to Clause 2, Article 4 as follows:

"c) Guide the Cultural and Information Departments at district level to report to the People's Committee at district level to disseminate policies on provision of public interest telecommunications services to local authorities at commune level and participate in coordinating with the Department of Information and Communications to audit and confirm the volume of public interest telecommunications services, while coordinating with the People's Committee at commune level to inspect the implementation of state policies on public interest telecommunications support in the locality."

2. Supplement Clause 5, 6 to Article 7 as follows:

"5. Minutes confirming support costs for provision of public interest telecommunications services."
"6. Report on the situation of deduction from usage fees for service costs supporting terminal equipment and fixed-line telephone subscription fees maintenance for new subscribers of individuals and households in areas provided with public interest telecommunications services and List of individuals and households benefiting from deductions from usage fees for service costs supporting terminal equipment and fixed-line telephone subscription fees maintenance in areas provided with public interest telecommunications services."

3. Amend Clause 1, Article 8 as follows:

"1. Advance quarterly funding:

a) Within ten working days from the date of receipt of the Confirmation Minutes of the volume of public interest telecommunications services implemented in the previous period from at least two-thirds (two-thirds) of the number of localities with public interest areas and related documents, the Vietnam Public Telecommunications Service Fund shall temporarily advance seventy-five percent of the support funding for the next period (support funding for each period according to the Telecommunications Service Supply Contract) based on the progress of completing the volume of the previous period by the enterprise according to the Contract (for the first quarter, the Vietnam Public Telecommunications Service Fund shall temporarily provide enterprises with seventy-five percent of the maintenance funding based on the volume of the fourth quarter of the preceding year).

b) The temporary advance of support funding for enterprises providing public interest telecommunications services shall not be differentiated between three-month or six-month acceptance periods but shall be according to the Telecommunications Service Supply Contract.

c) For support funding for terminal equipment for newly developed individual and household subscribers, the Fund shall temporarily advance to enterprises based on the actual deduction from usage fees quarterly."

4. Supplement Point c to Clause 2, Article 8 as follows:

"c) For support funding for terminal equipment for newly developed individual and household subscribers, the Fund shall settle to enterprises based on the actual deduction from usage fees quarterly."

5. Supplement Article 10 to Chapter II as follows:

"Article 10. Processing of audit, confirmation, acceptance of volume of public interest telecommunications services in 2009: In 2009, the audit, confirmation, and acceptance of volume of public interest telecommunications services will be divided into two rounds: the first three quarters and the fourth quarter combined with the whole year."

6. Amending and supplementing Appendix 1 - Reporting, Confirmation, Acceptance of Volume and Payment, Settlement of Support Costs for Provision of Public Interest Telecommunications Services (annexed to Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008 of the Minister of Information and Communications):

a) Amending and supplementing the Minutes of Acceptance of Volume and Support Costs for Provision of Public Interest Telecommunications Services (Model 04-TT/VTCI in Part II of Appendix 1 annexed to Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008 of the Minister of Information and Communications) as Appendix 1 attached to this Circular.

b) Amending and supplementing the Detailed List of Fixed-Line Telephone Subscribers and Detailed List of ADSL Internet Subscribers in Public Interest Areas in Part IV of Appendix 1 annexed to Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008 of the Minister of Information and Communications as Appendix 2 attached to this Circular.

c) Supplementing the Directory and Details of Reporting Forms on the Situation of Deduction of Support Costs for Terminal Equipment from Monthly Usage Fees for New Subscribers of Individuals and Households and Report on the List of Households Benefiting from Deductions of Support Costs for Terminal Equipment and Fixed-Line Telephone Subscription Fee Maintenance in Areas Provided with Public Interest Telecommunications Services into Part II Section A and Part II Section C of Appendix 1 annexed to Decision No. 51/2008/QĐ-BTTTT dated November 18, 2008 of the Minister of Information and Communications as Appendix 3 attached to this Circular.

Article 2. This Circular takes effect from February 1, 2010, applicable to the acceptance of volume and payment, settlement of support costs for provision of public interest telecommunications services according to the Telecommunications Service Supply Order Contracts for the years 2009-2010.

Article 3. The Head of the Ministry Office, Directors of the Department of Planning and Finance, the Department of Telecommunications, the Director of the Quality Management Department of Information Technology and Telecommunications; Members of the Management Board, Chairman of the Supervisory Board, Director of the Vietnam Public Telecommunications Service Fund; Directors of Provincial Departments of Information and Communications; Members of the Board of Directors, General Directors, Directors of enterprises providing public interest telecommunications services and Heads of relevant units are responsible for implementing this Circular./.