Circular No. 47/2017/TT-BTTTT on the limit of promotional activities for terrestrial mobile information services

CIRCULAR

REGULATIONS ON THE LIMITS OF PROMOTION FOR MOBILE TELECOMMUNICATION SERVICES

COMMUNICATION

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Law on Telecommunications promulgated on November 23Pursuant to Decree No. ARTICLE 4. Finished traditional medicine is a form of traditional medicine that has undergone production processes, including packaging and labeling, using traditional or modern methods, belonging to one of the following forms: pills, liquids, tea, powder, extract, and other forms.

PURSUANT/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications; Decree No. 81/2016/NĐ-CP dated July 1, 2016 amending and supplementing some articles of Decree No. 25/2011 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications and 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 Law on Telecommunications and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the fields of postal services, telecommunications, information technology and radio frequency;The Minister of Information and Communications issues this Circular regulating the limits of promotion for mobile telecommunication services.This Circular regulates the maximum total value of services and goods used for promotion in a promotional program and the maximum material value of promotion applied to each unit of mobile telecommunication service (hereinafter referred to as mobile telecommunication service), specialized telecommunications goods for mobile telecommunication service. Telecommunications enterprises licensed to provide mobile telecommunication services (hereinafter referred to as mobile enterprises).Article 3. Maximum total value of services and goods used for promotion in a promotional program for mobile telecommunication services, specialized telecommunications goods for mobile telecommunication services1. The maximum total value used for promotion in a promotional program for prepaid mobile telecommunication service subscribers shall not exceed 20% of the total value of mobile telecommunication services, specialized telecommunications goods for mobile telecommunication services being promoted. 2. The maximum total value used for promotion in a promotional program for postpaid mobile telecommunication service subscribers shall not exceed 50% of the total value of mobile telecommunication services, specialized telecommunications goods for mobile telecommunication services being promoted.

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 Department;

3. The provisions of Clauses 1 and 2 of this Article shall not apply to promotions in the form of providing sample mobile telecommunication services, offering specialized telecommunications goods for sample mobile telecommunication services for customers to try without payment.Article 4. Maximum material value used for promotion for each unit of mobile telecommunication service, specialized telecommunications goods for mobile telecommunication services1. The material value used for promotion for each unit type of mobile telecommunication service, specialized telecommunications goods for mobile telecommunication services of prepaid mobile telecommunication service subscribers shall not exceed 20% of the price of that unit type of mobile telecommunication service, specialized telecommunications goods for mobile telecommunication services before the promotion period. Terrestrial Network.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The material value used for promotion for each unit type of mobile telecommunication service, specialized telecommunications goods for mobile telecommunication services of postpaid mobile telecommunication service subscribers shall not exceed 50% of the price of that unit type of mobile telecommunication service, specialized telecommunications goods for mobile telecommunication services before the promotion period.

Article 2. Applicability

3. The provisions of Clauses 1 and 2 of this Article shall not apply to the following cases:

a) Providing sample mobile telecommunication services, offering specialized telecommunications goods for sample mobile telecommunication services for customers to try without payment;

c) Providing mobile telecommunication services, selling specialized goods for mobile telecommunication services accompanied by participation in a promotional program with a chance element;

d) Organizing a regular customer program for mobile telecommunication services.

Article 4. Maximum material value for promotional purposes for a unit of mobile telecommunications service, specialized telecommunications goods for mobile telecommunications services

2. The material value used for promotion for a unit of mobile telecommunications service, specialized telecommunications goods for mobile telecommunications services for postpaid mobile telecommunications service subscribers shall not exceed 50% of the price of that unit of mobile telecommunications service, specialized telecommunications goods for mobile telecommunications services before the promotion period.

3. The provisions of Clauses 1 and 2 of this Article shall not apply to the following cases:

a) Providing sample mobile telecommunications services, offering sample specialized telecommunications goods for mobile telecommunications services for customers to try without payment;

b) Providing mobile telecommunications services, selling specialized telecommunications goods for mobile telecommunications services with attached contest entry forms for customers to participate in prize-giving events according to announced rules and prizes;

c) Providing mobile telecommunications services, selling specialized telecommunications goods for mobile telecommunications services together with participation in promotional programs involving chance;

d) Organizing regular customer programs for mobile telecommunications services.

Article 5. Organization of regular customer programs for mobile information services

1. Regular customers of mobile information services include:

a) Postpaid mobile information service subscribers, including those converted from prepaid to postpaid during the implementation of the regular customer program;

b) Prepaid mobile information service subscribers who have continuously used the service for at least 01 (one) year and have paid a total minimum charge of 1,000,000 VND (one million dong) to the mobile operator since registration.

2. When organizing discount promotions for regular customers, mobile operators must simultaneously comply with regulations governing discount promotion programs.

Chapter II

IMPLEMENTATION

Article 6. Effectiveness

This Circular takes effect from March 1, 2018, and replaces the provisions on promotional limits set out in Clauses 9 and 10, Article 5; Clauses 3, 4, 6, and 7, Article 8; Clause 2, Article 9, and Article 10 of Circular No. 11/2010/TT-BTTTT dated May 14, 2011, issued by the Minister of Information and Communications regarding promotional activities for mobile information services.

Article 7. Implementation Provisions

1. The Head of the Office, the Director of the Telecommunications Department, the Heads of agencies and units under the Ministry, the General Directors, and the Directors of mobile operators and related organizations and individuals are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, they are requested to report to the Ministry of Information and Communications (Telecommunications Department) for consideration and resolution./.