Ordinance No. 43/2002/PL-UBTVQH10 on Posts and Telecommunications

ORDAINANCE

Postal and Telecommunications

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To promote rapid development and modernize postal and telecommunications services, enhance state management effectiveness, and protect the legitimate rights and interests of organizations and individuals participating in postal and telecommunications activities;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Pursuant to the Resolution of the Tenth Session of the Tenth National Assembly on the Law and Ordinance Building Program for 2002;

This Ordinance stipulates postal and telecommunications matters.

Chapter 1:

GENERAL PROVISIONS

Article 1. Position of Postal and Telecommunications

The State recognizes postal and telecommunications as important sectors of the national economic infrastructure, comprising both economic and technical service industries. Developing postal and telecommunications aims to meet the needs of socio-economic development, improve the quality of people's lives, and ensure national defense and security.

Article 2. Scope of Regulation

This Ordinance regulates postal and telecommunications activities and radio frequency spectrum (hereinafter referred to as postal and telecommunications); rights and obligations of organizations and individuals participating in postal and telecommunications activities.

Article 3. Applicability

This Ordinance applies to Vietnamese organizations and individuals, and foreign organizations and individuals in Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations on postal and telecommunications from those stipulated in this Ordinance, such treaties shall be applied.

Article 4. Definitions

In this Ordinance, the following terms shall be understood as follows:

1. "Postal service" means the service of receiving, sending, transferring, and delivering mail items through the public postal network.

2. "Letter delivery service" means the service of receiving, sending, transferring, and delivering information in the form of sealed packages containing written materials with a single-piece weight not exceeding two kilograms (02 kg) to a specific address through the public postal network or delivery network.

3. "Telecommunication equipment" refers to technical means including hardware and software used to establish telecommunication networks, provide, and utilize telecommunication services.

4. "Network equipment" refers to telecommunication equipment installed on telecommunication networks, including transmission equipment, switching equipment, and other information processing equipment.

5. "Terminal equipment" refers to telecommunication equipment directly or indirectly connected to the end point of a telecommunication network for sending, processing, and receiving information in the form of symbols, signals, data, handwriting, sound, images via the telecommunication network.

6. "End point" of a telecommunication network is the physical connection point within the telecommunication network according to technical standards to ensure the connection of user terminal equipment to the telecommunication network.

7. "Telecommunication service" means the service of transmitting symbols, signals, data, handwriting, sound, images, or other forms of information between end points of a telecommunication network.

8. "Transmission link" is a set of transmission devices interconnected by telecommunication cables, radio waves, optical means, and other electromagnetic means.

9. "Information resources" include telecommunication numbering resources, radio frequency spectrum, Internet resources, and satellite orbits.

a) "Telecommunication numbering resource" is a collection of codes and numbers uniformly numbered throughout the country to ensure the operation of the network and telecommunication services.

b) "Radio frequency spectrum" is a range of radio wave frequencies.

c) "Internet resources" is a collection of names and numbers uniformly planned globally under the management of Vietnam to ensure Internet operations.

d) "Satellite orbit" is the path of movement of satellites in space under the management of Vietnam.

10. "Radio waves" are electromagnetic waves with frequencies lower than three thousand gigahertz (3000 GHz) propagating in space without artificial waveguides.

11. "Radio communication operations" refer to the transmission, emission, and reception of radio waves, including fixed, mobile, broadcasting, television, aviation, maritime, navigation (navigation), positioning, satellite, standard broadcasting, and other radio communication operations.

12. "Radio communication equipment" includes receiving, transmitting, and transceiving radio wave equipment used in radio communication operations.

Article 5. State policy on postal and telecommunications

1. To fully utilize all national resources to rapidly develop and modernize postal and telecommunications services, ensuring they meet the needs for economic and social development, contributing to improving the quality of life for the people and ensuring national defense and security.

2. Prioritize investment in developing postal and telecommunications services in rural areas, remote regions, border areas, islands; implement preferential policies and support enterprises providing public postal and telecommunications services and other public tasks as required by the State.

3. Encourage and create conditions for various economic sectors to participate in postal and telecommunications business in a fair and transparent competitive environment managed by the State, with all types of services, ensuring quality and reasonable rates.

4. Respect and protect the rights and legitimate interests of organizations and individuals participating in postal and telecommunications activities.

5. Create conditions for the application and promotion of development of postal and telecommunications technology and industry.

6. Expand international cooperation in postal and telecommunications based on respecting independence, sovereignty, equality, mutual benefit, in accordance with Vietnamese law and international treaties to which Vietnam is a party.

Article 6. Protection of postal network safety, telecommunications network safety, and information security

1. Protecting the safety of postal networks, telecommunications networks, and information security is the responsibility of all organizations and individuals.

2. Agencies, organizations, and businesses must apply measures to ensure the safety of their postal networks, telecommunications networks, and information security.

Article 7. Cases entitled to priority service

1. The following cases are entitled to priority service:

a) Urgent information related to national defense and security;

b) Information serving flood, storm, and other natural disasters, fire, and other catastrophes;

c) Information serving emergency medical care and disease control;

d) Information about safety, rescue, and relief;

đ) Other urgent information as prescribed by laws on emergency situations.

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

Article 8. Rights and responsibilities of organizations and individuals in using postal services, letter delivery services, and telecommunications services

1. Organizations and individuals have the right to use postal services, letter delivery services, and telecommunications services and are responsible for the content of their information, mail items, parcels, goods, and products in accordance with the law.

2. Enterprises providing postal services, letter delivery services, and telecommunications services are responsible for ensuring the quality of their services and complying with legal provisions regarding service rates provided to users; they have the right to refuse service if organizations or individuals violate the law when using the service and are liable for their refusal.

Article 9. Ensuring confidentiality of information

1. Confidentiality of personal information transmitted through postal and telecommunications networks of all organizations and individuals is guaranteed in accordance with the law. The implementation of technical encryption to maintain confidentiality in postal and telecommunications is carried out in accordance with the law on official communications.

2. Monitoring of information on telecommunications networks and the Internet; inspection, seizure of letters, mail items, parcels transmitted through public postal networks and delivery networks must be conducted by authorized state agencies in accordance with the law.

3. Organizations and individuals who seriously violate the law, causing adverse effects on national defense and security shall be temporarily suspended or terminated from providing postal and telecommunications services in accordance with regulations of the Government.

Article 10. Prohibited Acts

Strictly prohibit the following acts:

1. Damaging postal and telecommunications facilities or obstructing lawful postal and telecommunications activities;

2. Illegally intercepting, eavesdropping on information on telecommunications networks; stealing, misusing passwords, encryption keys, and personal information of other organizations and individuals; producing, buying, selling, or using counterfeit postal stamps; opening, tampering with, disclosing the contents of letters, mail items, parcels of other organizations and individuals;

3. Providing, using postal and telecommunications services or using radio frequencies and radio equipment, postal and telecommunications equipment for purposes against the Socialist Republic of Vietnam, disrupting public security, social order, violating ethnic customs and traditions, engaging in smuggling, or committing other acts that violate postal and telecommunications laws.

Chapter 2:

POSTAL SERVICES

Section 1: POST NETWORKS AND MAIL SERVICES

Article 11. Public Postal Network

1. The public postal network is constructed, managed, and developed according to strategies, plans, and programs approved by competent state authorities.

2. The public postal network includes main centers, post offices, service points, and public mailboxes connected by mail routes.

3. Post offices, service points, and public mailboxes shall be prioritized for placement at train stations, bus terminals, seaports, airports, border gates, residential areas, and other public places to meet user needs.

4. Postal infrastructure facilities within the public postal network are an important component that must be included in the overall planning and design of urban areas, residential zones, industrial parks, export processing zones, new economic zones, and other public works to ensure consistency, synchronization in investment and construction, and convenience in service provision and usage.

Article 12. Mail Transfer Network

The mail transfer network is established and managed by enterprises of all economic sectors to provide letter delivery services in accordance with laws on postal services and telecommunications, as well as other regulations on cargo transportation.

Article 13. Special-Purpose Postal Networks

Special-purpose postal networks of Party agencies, State agencies, and people's armed forces are set up to serve information needs of these agencies and organizations.

The organization and operation of special-purpose postal networks are regulated by the Government.

Article 14. Postal Codes

1. Postal codes consist of a set of characters used to identify one or a group of postal addresses for the operation of the public postal network and postal services.

2. The state management agency for postal services and telecommunications promulgates and manages postal code planning in line with socio-economic development, ensuring convenience in use, long-term stability, and international practices.

Article 15. Postal services

Postal Services include:

1. Basic postal services involve receiving, transferring, and delivering letters and parcels.

Letters include correspondence (excluding letters handled by enterprises providing letter delivery services), postcards, small packages, publication bundles, and educational materials for the blind sent through the public postal network.

Parcels include packaged items or goods weighing no more than fifty kilograms (50 kg) sent through the public postal network.

2. Additional postal services are supplementary services provided alongside basic postal services to meet higher quality requirements of users.

The state management agency for postal services and telecommunications specifies and publishes a detailed list of postal services as stipulated herein.

Article 16. Universal Postal Services

1. Universal postal services include:

a) Universal postal service is a postal service provided to all citizens under conditions regarding volume, quality, and rates prescribed by competent state authorities.

b) Compulsory postal service is a postal service provided upon State requirements to support socio-economic development and national defense and security.

2. Based on State requirements, socio-economic and postal development conditions during each period, the state management agency for postal services and telecommunications specifies the provision of universal postal services.

3. The State implements policies to support the provision of universal postal services through dedicated postal services and other financial mechanisms.

Article 17. Receipt and Delivery of Letters, Mail Items, and Parcels

1. Letters, mail items, and parcels are considered received when:

a) Valid letters and postcards are placed in public mailboxes.

b) Letters, mail items, and parcels are received at post offices, service points, or agents of service-providing enterprises, or at the address of the service user.

2. Letters, mail items, and parcels are considered delivered to the recipient when:

a) They are placed in a mailbox, delivered to the recipient’s address, or handed over to an authorized recipient.

b) They are delivered to the recipient at a post office or service point of the service-providing enterprise.

3. Letters, mail items, and parcels not yet delivered to the recipient or an authorized recipient remain under the control of the sender, except when seized or destroyed according to the law.

4. Unclaimed letters, mail items, and parcels that cannot be returned to the sender after twelve months from the date of dispatch are deemed unclaimed. The Government specifies the handling of unclaimed letters, mail items, and parcels.

Article 18. Prohibition on Sending Items in Letters, Parcels, and Packages

It is prohibited to send in letters, parcels, and packages:

1. Publications, items, goods banned from circulation, export, import, or publications, items, goods banned from import by the receiving country;

2. Explosive, flammable, dangerous substances or objects;

3. Vietnamese currency, foreign exchange;

4. Objects or substances causing hygiene issues, environmental pollution.

Article 19. Priority Transportation of Parcels and Packages

Organizations and individuals operating road, inland waterway, sea, air, and rail transportation services shall be responsible for prioritizing the transportation of parcels and packages according to contracts signed with postal enterprises and ensuring their safety during transportation.

Article 20. Customs Procedures

Letters, parcels, and packages sent from Vietnam to other countries or from other countries to Vietnam must undergo customs procedures in accordance with laws on customs. The Customs Authority is responsible for organizing prompt and convenient customs procedures to ensure the quality of postal service.

Section 2:

POSTAGE STAMPS

Article 21. Management of Postal Stamps

1. Postal stamps are special publications used as payment means for postal service fees. Postal stamps include stamps and publications printed with postal stamps. Postal stamps are classified as follows:

a) Ordinary stamps are stamps without a specified issuance period and can be reprinted;

b) Special stamps are stamps with a specified issuance period and cannot be reprinted; when the issuance period expires, remaining special stamps must be destroyed.

2. Postal stamps may be used to pay postal service fees when they are issued legally, not banned from circulation, unused, intact, and not dirty or torn.

3. Postal enterprises must sell ordinary and special stamps within their issuance period at the price printed on the stamp to meet the needs for paying postal service fees.

4. State management agencies for postal and telecommunications manage postal stamps through activities such as approving stamp programs and designs; deciding printing locations and quantities; issuing, recalling, and handling postal stamps; specifying storage, authentication, destruction, and import/export procedures for postal stamps.

Article 22. Business Operations Involving Postal Stamps

1. Organizations and individuals may engage in business operations involving various types of postal stamps for collection purposes.

2. Postal enterprises' business operations involving postal stamps for collection purposes must be completely independent from selling stamps on public postal networks to serve the need for paying postal service fees.

Section 3: PARTIES INVOLVED IN PROVIDING AND USING POSTAL SERVICES

Article 23. Vietnam Post

1. Vietnam Post is the sole state-owned postal enterprise established under the law to provide public postal services.

2. Vietnam Post has the following rights and obligations:

a) Establishing a nationwide comprehensive postal network to provide domestic and international services;

b) Providing public postal services and performing other public tasks assigned by the State;

c) Protecting the security of its postal network and ensuring information security;

d) Accounting separately for universal postal services, mandatory postal services, and exclusive postal services;

đ) Providing complete and accurate information about services to users at transaction points or on transaction publications;

e) Using the name "Vietnam Post" in all business activities;

g) Using the public postal network to conduct financial, savings, money transfer, press publication, and other services as prescribed by law;

h) Using specialized transportation means to transport parcels and packages. Specialized transportation means must be painted in a uniform color, bear the name or emblem of Vietnam Post, and enjoy priority in traffic according to the law;

i) Other rights and obligations as prescribed by law.

3. The establishment, organization, and operation of Vietnam Post are regulated by the Government.

Article 24. Enterprises Engaging in Mail Delivery Services

1. Enterprises of all economic sectors are permitted to engage in domestic mail delivery services.

2. The Government shall specify the management regulations and conditions regarding the volume, quality, and service rates for mail delivery services.

Article 25. Postal Service Agents, Mail Delivery Service Agents

1. Postal service agents and mail delivery service agents are organizations or individuals in Vietnam acting on behalf of postal enterprises and enterprises engaging in mail delivery services to provide postal services and mail delivery services to users through agency contracts to earn commission. The agency contract must be documented in writing.

2. Postal service agents and mail delivery service agents have the following rights and obligations:

a) To provide postal services and mail delivery services according to the agreed type, quality, and service rate in the agency contract;

b) To be guided by postal enterprises and enterprises engaging in mail delivery services in business procedures, provided with information, and other relevant conditions to ensure the provision of postal services and mail delivery services;

c) To comply with regulations on providing postal services and mail delivery services and agreements in the agency contract;

d) Other rights and obligations as prescribed by law.

Article 26. Users of Postal Services and Mail Delivery Services

1. Users of postal services and mail delivery services are organizations or individuals in Vietnam utilizing postal services and mail delivery services through contracts with postal enterprises and enterprises engaging in mail delivery services.

2. Users of postal services and mail delivery services have the following rights and obligations:

a) To receive complete and accurate information about the services they use;

b) To be compensated for damages as prescribed by law;

c) To facilitate the delivery of mail, parcels, and packages by postal enterprises and enterprises engaging in mail delivery services to their addresses and to install mailboxes at convenient locations for mail delivery;

d) To use their own name and address when using services; they may only use another person's name and address if authorized by that person;

e) Other rights and obligations as prescribed by law.

Article 27. Service Rates for Postal Services and Mail Delivery Services

1. The Prime Minister decides on the service rates for important postal services that affect many industries and economic and social development.

2. State management agencies for postal and telecommunications services decide on service rates for public postal services, dedicated postal services, and the framework for service rates for mail delivery services based on service costs, economic and social development policies, and postal development goals during each period.

3. Enterprises determine specific service rates for mail delivery services within the framework set out in Clause 2 of this Article and specific service rates for postal services, except for service rates for public postal services and dedicated postal services as stipulated in Clauses 1 and 2 of this Article.

Section 4:

CONDITIONS FOR POSTAL ACTIVITIES

Article 28. Postal License

1. Postal licenses include:

a) A postal business license for express mail service, valid for up to 10 years;

b) An experimental postal service license for express mail and other services on the public postal network, valid for up to one year.

Before the license expires, if the enterprise meets the conditions and requests to continue providing the service, it may be considered for issuance of a new license.

2. Postal enterprises and enterprises engaged in express mail service must pay the examination fee and licensing fee as prescribed by law.

3. It is strictly prohibited to buy, sell, or transfer postal licenses.

4. The following activities do not require a license:

a) Individuals sending letters based on mutual agreement with the sender and without receiving remuneration, provided that the number of letters does not exceed the maximum allowed by the competent state agency for postal and telecommunications management;

b) Organizations, enterprises sending letters internally or to their customers without charging fees.

5. The Government shall specify the authority, conditions for issuing postal licenses, and the management and use of various types of postal licenses.

Article 29. Standards and Quality of Postal Services and Express Mail Services

1. The system of standards and quality for postal services and express mail services includes Vietnamese standards, industry standards, enterprise standards, foreign standards, and international standards applied in Vietnam as prescribed by laws on standards and quality.

2. Postal enterprises must apply standards as prescribed by laws on standards and quality and by the competent state agency for postal and telecommunications management for universal postal services and dedicated postal services.

3. Postal enterprises and enterprises engaged in express mail service must publish corresponding enterprise standards and implement the published standards for services not covered under Clause 2 of this Article.

4. The competent state agency for postal and telecommunications management shall announce the types of services requiring standard application and specific regulations on standard management and service quality.

5. The State encourages postal enterprises and enterprises engaged in express mail service to voluntarily adopt quality management systems and voluntarily request service quality certification and quality management system certification.

Section 5:

RESOLUTION OF DISPUTES AND COMPENSATION FOR DAMAGE IN THE PROVISION AND USE OF POSTAL SERVICES AND EXPRESS MAIL SERVICES

Article 30. Resolution of Disputes

Parties involved in the provision and use of postal services and express mail services have the obligation to perform the contracts they have concluded. When disputes arise due to breach of contract, the parties may negotiate the resolution of disputes; if no agreement is reached, they have the right to request resolution from competent authorities or organizations as prescribed by law.

Article 31. Liability for Compensation of Damage

1. Parties involved in the provision and use of postal services and express mail services are responsible for compensating damage caused by themselves to the other party in the provision and use of postal services and express mail services. Compensation for damage shall be carried out in accordance with the provisions of law.

2. Enterprises providing postal services and express mail services are not liable for indirect damages or lost profits resulting from the provision of services that do not meet quality requirements.

3. Enterprises providing postal services and express mail services are exempt from liability for compensation of damage in cases of force majeure as prescribed by law.

Chapter 3:

TELECOMMUNICATIONS

Section 1: TELECOMMUNICATION NETWORKS AND SERVICES

Article 32. Terminal Equipment and Internal Networks

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

2. Public terminal equipment is fixed or mobile terminal equipment of telecommunication enterprises connected to and integrated into the public telecommunications network through the end point of the public telecommunications network.

3. An internal network is a system of telecommunications equipment established at a specific location with a defined address and scope by an organization or individual for lawful exclusive use to serve internal information needs.

4. Users of telecommunication services may design, install, or engage other organizations or individuals to design and install their subscriber terminal equipment and internal networks up to the end point of the public telecommunications network.

5. Subscriber terminal equipment and internal networks must comply with regulations on equipment conformity and radio frequency usage when connected to the public telecommunications network.

6. The connection and integration of subscriber terminal equipment and internal networks into the public telecommunications network shall be carried out by telecommunication enterprises through contracts concluded with users of services.

The competent state management agency for postal and telecommunication services shall specify detailed provisions regarding terminal equipment, internal networks, and the end points of the public telecommunications network.

Article 33. Telecommunication Network

1. A telecommunication network includes public telecommunication networks, dedicated telecommunication networks, and specialized telecommunication networks, which are collections of telecommunications equipment interconnected by transmission lines.

2. The operation of a telecommunication network must not harm the environment or economic and social activities. Economic and social activities must not cause harmful interference, damage submarine cables, antennas, telecommunications equipment systems, or harm other operations of the telecommunication network.

Article 34. Public Telecommunication Network

1. A public telecommunication network is a telecommunication network established by telecommunication enterprises to provide telecommunication services. Public telecommunication networks are constructed and developed according to strategies, plans, and programs approved by competent state authorities.

2. Telecommunication infrastructure projects are an important component that must be included in the overall planning and design of urban areas, residential areas, industrial zones, export processing zones, new economic zones, and other public facilities to ensure consistency, synchronization in investment construction, and convenience for service provision and use.

3. Telecommunication infrastructure projects are prioritized to use airspace, land surface, underground space, riverbeds, seabeds; transmission lines are combined along roads, bridges, culverts, sidewalks, streets, power lines to facilitate construction, repair, maintenance, and protection of projects.

4. Public service points are prioritized to be located at railway stations, bus terminals, seaports, airports, border gates, and other public places to meet user needs.

Article 35. Private telecommunications network

A dedicated telecommunication network is a telecommunication network established by agencies, organizations, or enterprises operating in Vietnam to ensure communication among members of the network, including telecommunications equipment installed at different locations and interconnected by transmission lines leased or built by such agencies, organizations, or enterprises.

Article 36. Special-purpose telecommunications networks

A special-purpose telecommunications network is a telecommunications network used to serve special information needs of Party and State agencies, and to serve defense and security information. The Government shall specify the establishment and operation of special-purpose telecommunications networks.

Article 37. Telecommunications Services

1. Telecommunications services include:

a) Basic services are telecommunications services that transmit information immediately through telecommunications networks or the Internet without changing the form or content of the information;

b) Value-added services are services that enhance the value of users' information by improving the form or content of the information or providing storage and recovery capabilities for such information based on the use of telecommunications networks or the Internet;

c) Internet connection services are services provided to organizations and businesses offering Internet services to enable them to connect with each other and with international Internet;

d) Internet access services are services provided to users to enable them to access the Internet;

đ) Internet application services in postal and telecommunications are services using the Internet to provide postal and telecommunications services to users. Internet application services in other economic and social fields must comply with laws on postal and telecommunications services and other relevant laws.

2. The state management agency for postal and telecommunications services shall specify and publish a detailed list of telecommunications services as stipulated in this Article.

Section 2:

PARTICIPANTS IN THE PROVISION AND USE OF TELECOMMUNICATIONS SERVICES

Article 38. Telecommunications Enterprises

1. Telecommunications enterprises include:

a) Infrastructure network service providers are state-owned enterprises or enterprises where the state's shareholding constitutes a controlling interest or a special interest, established in accordance with the law to establish infrastructure networks and provide telecommunications services;

b) Telecommunications service providers are Vietnamese enterprises of all economic sectors established in accordance with the law to provide telecommunications services.

2. Telecommunications enterprises have the following rights and obligations:

a) Infrastructure network service providers may establish public telecommunications networks to directly provide and resell telecommunications services;

b) Telecommunications service providers may establish telecommunications equipment systems within their premises and public service points to directly provide value-added services, Internet access services, and resell telecommunications services; they may not establish transmission lines outside their premises and public service points;

c) Protect the safety of their telecommunications networks and ensure information security;

d) Provide telecommunications services to users in Vietnam and abroad based on compliance with Vietnamese law and the law of the country where the services are provided;

đ) Use information resources according to planning to establish telecommunications networks and provide telecommunications services;

e) Lease transmission lines to connect their telecommunications equipment systems with each other, with telecommunications networks, and with telecommunications services of other telecommunications enterprises;

g) Fulfill tasks mobilized by the State in emergencies and other public welfare tasks;

h) Implement measures to protect the legitimate rights and interests of telecommunications service users;

i) Compete legally in the provision of telecommunications services;

k) Comply with regulations and be subject to supervision by competent state agencies in ensuring the safety of telecommunications networks and information security;

l) Other rights and obligations as prescribed by law.

Article 39. Telecommunications enterprises with dominant market share services

1. A telecommunications enterprise with dominant market share services is an enterprise holding more than 30% of the market share of a type of telecommunications service in the permitted area and which may directly affect the entry of other telecommunications enterprises into that service market.

The state management agency for postal and telecommunications shall determine telecommunications enterprises with dominant market share services.

2. Telecommunications enterprises with dominant market share services have the following rights and obligations:

a) Rights and obligations stipulated in Article 38 of this Ordinance;

b) Shall not use their advantages to restrict or create difficulties for the provision of services by other telecommunications enterprises;

c) Conduct separate accounting for dominant market share telecommunications services;

d) Be subject to inspection and supervision by competent state agencies regarding market share, quality, and tariff rates for dominant market share telecommunications services.

Article 40. Rights and Obligations of Private Telecommunication Network Owners

1. A private telecommunication network owner is a Vietnamese agency, organization, or enterprise, or a foreign agency, organization, or enterprise legally operating in Vietnam, licensed to establish a private telecommunication network.

2. Private telecommunication network owners have the following rights and obligations:

a) To build or lease transmission lines to establish a private telecommunication network and connect it to the public telecommunication network; comply with the provisions stated in the license;

b) To use information resources according to planning to establish the network and provide information to members of the network in accordance with the law;

c) To protect the safety of their own private telecommunication network and ensure information security;

d) Shall not engage in any form of telecommunications service business;

đ) To implement regulations and be subject to the supervision of competent state agencies in ensuring the safety of the private telecommunication network and information security;

e) To perform tasks mobilized by the State in emergency situations and other public welfare tasks;

g) Other rights and obligations as prescribed by law.

Article 41. Telecommunications Service Agents

1. A telecommunications service agent is a Vietnamese organization or individual acting on behalf of a telecommunications enterprise to provide telecommunications services to users through an agency contract to earn commission. The agency contract must be documented in writing.

2. Telecommunications service agents have the following rights and obligations:

a) To set up terminal equipment systems at locations where they have full legal authority to use to provide telecommunications services at those locations in accordance with the agreed type, quality, and tariff rate of the service in the agency contract and earn commission; resell telecommunications services to users at those locations based on purchasing services from the telecommunications enterprise according to the agreed type, quality, and tariff rate of the service in the agency contract;

b) To receive business guidance, information provision, and other related conditions from the telecommunications enterprise to ensure service provision to users;

c) To comply with service provision regulations, resale of services, and agreements in the agency contract;

d) Other rights and obligations as prescribed by law.

Article 42. Telecommunication Service Users

1. Telecommunication service users are organizations or individuals who enter into contracts with telecommunication enterprises or telecommunication agents to use telecommunication services.

2. Telecommunication service users shall have the following rights and obligations:

a) To install fixed subscriber terminal equipment at locations where they legally have full rights to use, or to use mobile subscriber terminal equipment to access the public telecommunication network according to the contract concluded with telecommunication enterprises or telecommunication service agents.

b) To choose telecommunication enterprises or telecommunication service agents to use telecommunication services, except for services that are prohibited or not permitted to be used.

c) To be guaranteed confidentiality of personal information in accordance with the provisions of the law.

d) To be compensated for damages in accordance with the provisions of the law.

đ) Not to use their subscriber terminal equipment to operate telecommunication services in any form.

e) To protect passwords, encryption keys, and their systems of equipment.

g) To bear responsibility under the law for the content of information put into, stored, or transmitted on the telecommunication network, Internet.

h) Other rights and obligations as prescribed by law.

Article 43. Interconnection of Telecommunication Networks

1. Interconnection is the physical and logical linking of telecommunication networks, thereby allowing users of one network to access users or services of another network and vice versa.

2. The interconnection of public telecommunication networks is regulated as follows:

a) Telecommunication enterprises have the right to interconnect their telecommunication network with the network or telecommunication service of another enterprise, while having the obligation to allow other telecommunication enterprises to interconnect to their network or telecommunication service on a fair and reasonable basis based on efficient use of information resources, shared connection positions and technical infrastructure through interconnection agreements between the parties.

b) Telecommunication enterprises holding essential means that play a decisive role in interconnection and provision of telecommunication services shall not refuse interconnection requests from private telecommunication network owners and other telecommunication enterprises, and must facilitate negotiations and implementation of interconnection if the request is reasonable and economically and technically feasible.

c) Telecommunication enterprises shall negotiate and sign interconnection agreements in accordance with the regulations of the competent state management agency for postal and telecommunication affairs; in case the parties fail to reach an interconnection agreement within the prescribed time limit or there is a dispute in implementing the interconnection agreement, upon the request of one of the participating parties, the competent state management agency for postal and telecommunication affairs shall organize mediation between the parties; if the parties still fail to reach an agreement after mediation, the competent state management agency for postal and telecommunication affairs shall examine and decide. The interconnection agreement only becomes effective when registered with the competent state management agency for postal and telecommunication affairs.

3. The interconnection of private telecommunication networks is regulated as follows:

a) Private telecommunication networks may connect to public telecommunication networks on the basis of ensuring the technical standards of public telecommunication networks and complying with the regulations on interconnection between private telecommunication networks and public telecommunication networks.

b) The interconnection of private telecommunication networks with public telecommunication networks shall be carried out through written interconnection contracts between telecommunication enterprises and private telecommunication network owners.

c) Private telecommunication networks shall not directly interconnect with each other, except in cases approved by the competent state management authority.

Article 44. Telecommunication Service Tariffs

1. The Prime Minister decides the tariffs for important telecommunication services that affect many industries and economic and social development.

2. The state management agency for postal and telecommunication services decides the tariffs for public interest telecommunication services, the tariffs for telecommunication services with controlled market share, and interconnection tariffs between enterprises based on service costs, economic and social development policies, and telecommunication development goals during each period.

3. Telecommunication enterprises decide specific tariff levels for telecommunication services, except for the tariffs prescribed in Clause 1 and Clause 2 of this Article.

Section 3: TELECOMMUNICATION LICENSES

Article 45. Types of Telecommunication Licenses

1. Telecommunication business licenses include:

a) A network establishment and telecommunication service provision license issued for a term not exceeding fifteen years;

b) A telecommunication service provision license issued for a term not exceeding ten years.

2. Telecommunication business operation licenses include:

a) A dedicated telecommunication network establishment license issued for a term not exceeding five years;

b) An undersea cable installation license in Vietnam's exclusive economic zone and continental shelf issued for a term not exceeding twenty-five years.

3. A telecommunication network and service testing license is issued for a term not exceeding one year.

Before the licenses prescribed in this Article expire, if the enterprise meets the conditions and requests to continue providing services, it will be considered for issuance of a new license.

Article 46. Provisions on Issuing Licenses

1. In cases where issuing a license involves the use of information resources, a license can only be issued if the allocation of information resources is feasible.

2. The issuance of a network establishment and telecommunication service provision license as stipulated in point a, Clause 1, Article 45 of this Ordinance can only proceed after receiving written approval from the Prime Minister.

3. Telecommunication enterprises have the obligation to pay examination fees, licensing fees, and other related fees within the field of telecommunication according to the provisions of the law.

4. It is strictly prohibited to buy, sell, or transfer telecommunication licenses.

5. The Government shall specify detailed regulations on the authority, conditions for issuing telecommunication licenses; the management and use of telecommunication licenses.

Section 4: TELECOMMUNICATION NUMBERING PLANNING AND INTERNET RESOURCES

Article 47. Development of Telecommunication Numbering Planning and Internet Resources

The development of numbering planning for telecommunication codes and numbers, and Internet resources must ensure the following principles:

1. Developing services and subscribers according to long-term strategies;

2. Optimizing the use of telecommunication networks and equipment;

3. Using telecommunication number resources and Internet resources economically and effectively;

4. Possessing the capability to connect to global telecommunication networks and services;

5. Protecting the rights and legitimate interests of service users;

6. Equality among telecommunication enterprises.

Article 48. Management of Telecommunication Number Resources and Internet Resources

1. The state management agency for postal and telecommunication services develops and promulgates telecommunication numbering planning and Internet resource planning; allocates and recovers names, codes, and numbers according to the planning; and specifies the management of telecommunication number resources and Internet resources.

2. Telecommunication enterprises develop numbering plans for telecommunication and Internet resources within the allocated telecommunication number resources and Internet resources; simultaneously, they carry out the assignment or rental of numbers to organizations and individuals using services according to their enterprise plans and regulations on the management of telecommunication number resources and Internet resources.

3. Telecommunication enterprises are responsible for reporting their plans and usage status of allocated names, codes, and numbers according to the regulations of the state management agency for postal and telecommunication services; for names, codes, and numbers that are not needed, telecommunication enterprises must return them to the state management agency for postal and telecommunication services, otherwise they will be reclaimed.

Section 5: PROVISION OF PUBLIC UTILITY TELECOMMUNICATION SERVICES

Article 49. Public Utility Telecommunication Services

Public utility telecommunication services include:

1. Universal telecommunication service is a telecommunication service provided to all citizens according to conditions, quality, and tariff rates prescribed by competent state authorities.

2. Compulsory telecommunication service is a telecommunication service provided upon the request of the State for the purpose of serving economic and social development and ensuring national defense and security.

Based on the requirements of the State, the situation of economic and social development, and the telecommunications market at each period, the state management agency for postal and telecommunications shall specify the provision of public utility telecommunication services.

Article 50. Implementation of Obligations to Provide Public Utility Telecommunication Services

1. The State shall have policies to ensure necessary conditions for enterprises providing public utility telecommunication services as follows:

a) Prescribing connection tariffs based on cost and contributions to the provision of public utility telecommunication services;

b) Establishing a Fund for Public Utility Telecommunication Services from contributions of telecommunications enterprises and other financial sources.

2. The use of the Fund for Public Utility Telecommunication Services to provide public utility telecommunication services shall be carried out through the following forms:

a) Designating enterprises to provide public utility telecommunication services based on the assessment of their public utility telecommunication service provision projects;

b) Tendering to select enterprises to provide public utility telecommunication services.

Article 51. Management of Provision of Public Utility Telecommunication Services

1. The Government shall prescribe specific policies and measures to implement the provision of public utility telecommunication services based on the requirements of economic and social development and the situation of the telecommunications market at each period.

2. The state management agency for postal and telecommunications shall specify public utility telecommunication services and manage and inspect the implementation of obligations to provide public utility telecommunication services by telecommunications enterprises.

3. Telecommunications enterprises shall be responsible for implementing their obligations to provide public utility telecommunication services in accordance with the provisions of the law.

Section 6: TELECOMMUNICATION STANDARDS AND QUALITY

Article 52. System of Telecommunication Standards and Quality

1. The system of standards and quality for telecommunications equipment, networks, network interconnection, facilities, and services includes Vietnamese standards, industry standards, basic standards, foreign standards, and international standards applied in Vietnam in accordance with the provisions of the law on standards and quality.

2. The state management agency for postal and telecommunications shall announce types of telecommunications equipment, networks, facilities, and services that must apply standards.

Article 53. Management of Telecommunication Standards and Quality

1. Forms of telecommunication quality management:

a) Certification of conformity to standards for telecommunications equipment;

b) Announcement of quality for telecommunications networks and services;

c) Inspection of quality for telecommunications facilities.

2. Telecommunications equipment listed in the mandatory certification conformity standard directory must be certified before being circulated in the market or connected to the telecommunications network; telecommunications facilities listed in the mandatory inspection quality directory must be inspected before being put into operation; public telecommunications networks, basic telecommunications services, Internet connection services, and Internet access services must comply with standards prescribed by the state management agency for postal and telecommunications before being put into operation and provided to users.

3. Organizations and individuals engaged in production and business must announce the quality of telecommunications equipment, networks, and services in compliance with corresponding basic standards and bear responsibility for the standards and quality they announce, except for telecommunications equipment, networks, and services specified in Clause 2 of this Article.

4. The State encourages organizations and individuals engaged in the production and business of telecommunications equipment, networks, and services to voluntarily apply quality management systems; to request certification of quality management systems; and to voluntarily request certification of conformity to standards and quality of telecommunications equipment, networks, and services, except in cases specified in Clause 2 of this Article.

5. The state management agency for postal and telecommunications shall specify the management of telecommunication standards and quality.

Article 54. Measurement and Certification for Compliance with Standards and Quality

1. The State management agency for postal services and telecommunications shall stipulate the conditions for domestic and foreign measurement agencies to serve quality management and the announcement of authorized measurement agencies.

2. Mutual recognition of certification for compliance with telecommunications standards and quality between Vietnam and other countries and international organizations shall be carried out in accordance with the provisions of international treaties to which Vietnam is a party.

Section 7: SETTLEMENT OF DISPUTES AND COMPENSATION FOR DAMAGE IN THE PROVISION AND USE OF TELECOMMUNICATION SERVICES

Article 55. Resolution of Disputes

Parties involved in providing and using telecommunications services are obligated to perform contracts they have concluded. When disputes arise due to breach of contract, the parties may agree on dispute resolution; if agreement cannot be reached, they have the right to request competent authorities or organizations to resolve the dispute in accordance with the law.

Article 56. Refund of Charges and Compensation for Damage

1. Telecommunications service providers that fail to ensure service quality according to published standards must refund part or all of the charges collected from service users.

2. Parties involved in providing and using telecommunications services are responsible for compensating damage caused to the other party in the provision or use of telecommunications services in accordance with the law.

3. Parties involved in providing and using telecommunications services are not required to compensate for indirect losses or lost benefits resulting from non-compliance with quality standards.

4. Parties involved in providing and using telecommunications services are exempted from liability for compensation for damage in cases of force majeure as provided by law.

Chapter 4:

RADIO FREQUENCY

Section 1: PLANNING, ALLOCATION, AND ASSIGNMENT OF RADIO FREQUENCIES

Article 57. Management and Use of Radio Frequencies and Satellite Orbits

The management and use of radio frequencies and satellite orbits under Vietnam's sovereignty shall be conducted based on the principle of ensuring compliance with national planning, efficiency, fairness, rationality, and economy; ensuring that wireless communication systems operate without harmful interference and do not cause harmful interference; meeting the needs for the use of radio frequencies to serve economic and social tasks, national defense, security, and promoting rapid development of new telecommunication technologies; protecting national sovereignty over the use of radio frequencies and satellite orbits.

Article 58. Planning of Radio Frequency Spectrum

1. National radio frequency spectrum planning is a plan dividing the radio frequency spectrum into bands for various operations during different periods and setting conditions for establishing an optimal order of exploitation and use of the radio frequency spectrum nationwide.

National radio frequency spectrum planning must meet the needs for the use of radio frequencies for various operations, comply with international regulations, and suit the specific use of the radio frequency spectrum in Vietnam, prioritizing new telecommunication technologies.

National radio frequency spectrum planning shall be developed and submitted by the state management agency for postal services and telecommunications for approval by the Prime Minister.

2. Based on national radio frequency spectrum planning, the state management agency for postal services and telecommunications shall develop and issue band planning, channel planning, and regional radio frequency planning.

3. Organizations and individuals producing, importing, or using radio wave emitting equipment or radio wave application equipment in Vietnam must comply with the national radio frequency spectrum planning as stipulated herein.

Article 59. Allocation of Bands for National Defense and Security

1. The Prime Minister shall stipulate the radio frequency bands serving national defense and security purposes in proportion to requirements and tasks, and taking into account international practices.

2. The Prime Minister shall decide to establish a Radio Frequency Committee to advise the Prime Minister on coordinating the management of radio frequencies in economic and social activities, national defense, and security.

Article 60. Use of Radio Frequency for Safety Information and Rescue Operations

1. The State management agency for postal services and telecommunications shall announce radio frequencies exclusively allocated for national and international safety information and rescue operations.

2. It is strictly prohibited to use radio frequencies exclusively allocated for safety information and rescue operations for other purposes; causing harmful interference to radio frequencies exclusively allocated for safety information and rescue operations.

Article 61. Allocation and Assignment of Radio Frequencies

The allocation and assignment of radio frequencies must be carried out in accordance with the provisions of Articles 57, 58, 59, and 60 of this Ordinance and must be based on the potential of the radio frequency spectrum, prioritizing reasonable needs for the use of radio frequencies for defense, security, economic and social purposes, and efficient radio frequency technology usage.

The State management agency for postal services and telecommunications shall stipulate and announce conditions for the allocation, assignment, and use of radio frequencies and radio frequency bands.

Section 2: RADIO FREQUENCY LICENSES

Article 62. Types of Radio Frequency Licenses

1. Types of radio frequency licenses include:

a) A band license valid for up to 15 years;

b) A frequency and radio transmitter equipment use license valid for up to 5 years.

2. Issuance of licenses may only proceed if the allocation and assignment of radio frequencies are feasible.

3. Organizations and individuals granted radio frequency licenses are obligated to pay licensing fees as prescribed by law.

4. It is strictly prohibited to buy, sell, or transfer any type of radio frequency license.

5. The Government shall specify the authority, conditions for issuing radio frequency licenses; management and use of radio frequency licenses.

Article 63. Conditional Radio Equipment Usage

The State management agency for postal services and telecommunications shall stipulate and announce technical and operational conditions for conditional radio equipment usage; organizations and individuals using such equipment must comply with the announced technical and operational conditions and are not required to apply for a radio frequency license.

Article 64. Responsibilities of Organizations and Individuals Using Radio Frequencies

1. Organizations and individuals operating in Vietnam using radio frequency bands, radio frequencies, and radio transmitter equipment under radio services must have a radio frequency license, except as provided for in Article 63 of this Ordinance.

2. Organizations and individuals granted a radio frequency license must comply with legal regulations regarding the installation and use of radio frequencies and radio transmitter equipment; pay radio frequency usage fees as prescribed by law; refrain from causing harmful interference to other radio stations and must be subject to inspection and supervision by the State management agency for postal services and telecommunications.

Article 65. Production and Importation of Radio Transmitter and Receiver Equipment

Organizations and individuals producing and importing radio transmitter and receiver equipment must obtain written approval from the State management agency for postal services and telecommunications.

Article 66. Radio Operator Certificate

Individuals engaged in the exploitation of radio equipment must possess a Radio Operator Certificate.

The state management agency for postal services and telecommunications shall stipulate the training and issuance of the Radio Operator Certificate.

Section 3: MONITORING AND REGULATING RADIO FREQUENCIES, HANDLING HARMFUL INTERFERENCE AND ELECTROMAGNETIC COMPATIBILITY MANAGEMENT

Article 67. Monitoring and Regulating Radio Frequencies

1. Monitoring and regulating radio frequencies and radio transmitting equipment aims to ensure compliance with Vietnamese laws and international treaties to which Vietnam is a party; measuring technical parameters of radio transmissions to manage the use of radio frequencies, detect, prevent, and handle violations of the law.

2. The results of monitoring, regulating, and measuring technical parameters of radio transmitting equipment serve as the basis for identifying and handling violations of the law in managing radio frequencies.

3. Foreign organizations and individuals are not permitted to measure transmission parameters and transmit radio waves in Vietnam, except when authorized by the competent state management agency.

4. The use of radio frequencies and radio equipment installed on Vietnamese and foreign ships and aircraft entering Vietnamese territory must comply with Vietnamese laws and international treaties to which Vietnam is a party; users and radio equipment on these means of transport must be subject to inspection and regulation by the competent Vietnamese state authority.

Article 68. Handling Harmful Interference

1. Organizations and individuals granted a license to use radio frequencies have the right to lodge complaints in accordance with the law when their radio stations suffer harmful interference.

2. Complaint handling regarding harmful interference is carried out in accordance with Vietnamese laws and international treaties to which Vietnam is a party. The state management agency for postal services and telecommunications shall stipulate the principles, procedures, and complaint handling processes for harmful interference.

3. The state management agency for postal services and telecommunications is responsible for organizing the implementation of monitoring and regulating radio frequencies; leading and coordinating with the Ministry of National Defense and the Ministry of Public Security to monitor, regulate, and handle harmful interference between information networks serving economic and social activities, national defense, and security.

Article 69. Electromagnetic Compatibility Management

1. Electromagnetic compatibility is the ability of equipment and systems of equipment to operate without being interfered with and without causing harmful interference to other equipment and systems of equipment in an electromagnetic environment.

2. Equipment and systems of equipment used in communication or in scientific, technological, industrial, medical, and other fields must comply with regulations on electromagnetic compatibility to ensure that they do not cause harmful interference to radio navigation services, safety, search and rescue operations, and other radio services.

The Government shall provide detailed regulations on electromagnetic compatibility management.

Chapter 5:

INTERNATIONAL COOPERATION IN POSTAL SERVICES AND TELECOMMUNICATIONS

Article 70. Principles of International Cooperation in Postal Services and Telecommunications

The State has policies and measures to promote international cooperation in postal services and telecommunications with countries and international organizations based on respect for independence, sovereignty, equality, mutual benefit, and compliance with each party's laws, international law, and practices to develop postal services and telecommunications, contributing to strengthening cooperative and friendly relations and mutual understanding between Vietnam and countries and international organizations.

Article 71. Contents of international cooperation on postal and telecommunications matters

The contents of international cooperation on postal and telecommunications matters include:

1. Promoting and advertising directions and policies for the development of postal and telecommunications with other countries and international organizations;

2. Developing cooperation and establishing relations on postal and telecommunications with other countries;

3. Participating in regional and international organizations on postal and telecommunications;

4. Supporting and promoting the development of human resources;

5. Coordinating scientific research, application, and transfer of advanced technology;

6. Exchanging information and experiences in developing postal and telecommunications;

7. Building and implementing international programs and projects on postal and telecommunications.

Chapter 6:

STATE MANAGEMENT OF POSTAL AND TELECOMMUNICATIONS MATTERS

Article 72. Contents of state management of postal and telecommunications matters

The contents of state management of postal and telecommunications matters include:

1. Building and directing the implementation of strategies, planning, plans, and policies for the development of postal and telecommunications;

2. Issuing and organizing the implementation of legal normative documents on postal and telecommunications;

3. Directing the construction, issuance, and regulation of the application of standards and quality in the field of postal and telecommunications; managing safety and security in postal and telecommunications activities;

4. Issuing, temporarily suspending, suspending, and revoking various types of licenses and certificates related to postal and telecommunications;

5. Organizing the management and use of information resources and interconnection between telecommunications networks;

6. Specifying and managing tariffs, fees, and charges, public service activities in the field of postal and telecommunications;

7. Organizing the implementation of international cooperation on postal and telecommunications; signing and joining international treaties in the field of postal and telecommunications; organizing coordination of radio frequencies with other countries and registering radio frequencies and satellite orbits with relevant international organizations;

8. Organizing and managing training, capacity building, and human resource development; researching and applying science and technology in the field of postal and telecommunications;

9. Inspecting, supervising, resolving complaints and denunciations, and handling violations of laws in the field of postal and telecommunications.

Article 73. State Management Authority on Postal and Telecommunications Matters

1. The Government uniformly manages state affairs on postal and telecommunications throughout the country.

2. The state management agency on postal and telecommunications is responsible before the Government for implementing state management on postal and telecommunications.

3. Ministries, agencies at the ministerial level, provincial People's Committees under the central government within their respective tasks and authorities have the responsibility to coordinate with the state management agency on postal and telecommunications in the implementation of state management on postal and telecommunications.

Article 74. Postal Inspection

1. The Postal Inspection performs specialized inspection functions on postal and telecommunications.

2. The Postal Inspection has the following responsibilities:

a) Inspecting and checking compliance with laws on postal and telecommunications;

b) Imposing penalties, applying, or recommending the application of preventive measures and cessation of illegal acts according to its authority under the law on postal and telecommunications;

c) Resolving complaints and denunciations in accordance with the law.

3. The organization and operation of the Postal Inspection shall be regulated by the Government.

Article 75. Complaints and Reports

1. Organizations and individuals have the right to file complaints and initiate lawsuits against administrative decisions and actions of agencies, organizations, and individuals with competent authority in the implementation of laws on postal services and telecommunications.

2. Individuals have the right to report violations of laws on postal services and telecommunications to agencies, organizations, and individuals with competent authority.

3. The jurisdiction and procedures for handling complaints, reports, and lawsuits shall be carried out in accordance with the provisions of the law.

Chapter 7:

REWARD AND VIOLATION HANDLING

Article 76. Awards

Organizations and individuals who achieve outstanding results in postal service and telecommunications activities shall be awarded in accordance with the provisions of the law.

Article 77. Handling Violations

1. Any person who commits acts violating the provisions of this Ordinance and other relevant laws concerning postal services and telecommunications shall be subject to administrative penalties or criminal prosecution, depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. Any person who abuses their position or power to violate the provisions of this Ordinance and other relevant laws concerning postal services and telecommunications shall be subject to disciplinary action or criminal prosecution, depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter 8:

IMPLEMENTING PROVISIONS

Article 78. Effective Date

This Ordinance shall take effect from October 1, 2002.

Previous regulations contrary to this Ordinance are abolished.

Article 79. Implementation Guidance

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.