Decision No. 66/2003/QD-BBCVT provides temporary regulations on managing the minimum rate for international IP telephone termination charges coming to Vietnam.

Pursuant to …;

Interim Provisions on the Management of Minimum Rates for International IP Telephony Termination Charges to Vietnam

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THE MINISTER OF POST AND TELECOMMUNICATIONS

Pursuant to Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government on the functions, tasks, powers, and organizational structure of the Posts and Telecommunications Ministry;

Pursuant to Decision No. 99/1998/QĐ-TTg dated May 26, 1998 of the Prime Minister on price and postal and telecommunications tariff management;

Pursuant to Circular No. 03/1999/TT-TCBD dated May 11, 1999 of the General Post Office guiding the implementation of Decree No. 109/1997/NĐ-CP dated November 12, 1997 of the Government on postal services and telecommunications and Decision No. 99/1998/QĐ-TTg dated May 26, 1998 of the Prime Minister on price and tariff management for postal and telecommunications services;

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

DECISION:

Article 1.

1. The termination charge for international IP telephony of international IP telephony services terminating in Vietnam is the rate that foreign operators pay to Vietnamese enterprises authorized to provide international IP telephony services to implement the final termination of calls in Vietnam.

2. Enterprises providing international IP telephony services may negotiate and agree on appropriate international termination rates with foreign partners, but the rate must not be lower than 0.28 USD per minute, regardless of whether the final termination occurs on a fixed network or mobile network in Vietnam.

Article 2. Connection fees for inbound international IP telephone services

1. Basic connection fees:

a) For direct international IP telephone calls terminating on the fixed network within a province, the interconnection fee paid to the provincial network is 0.10 USD per minute;

b) For international IP telephone calls terminating on the fixed network within a province through the long-distance inter-provincial PSTN network, in addition to the interconnection fee of 0.10 USD per minute paid to the provincial network, the enterprise pays an additional interconnection fee of 0.10 USD per minute to the inter-provincial network;

c) For direct IP international calls terminating in the nationwide mobile network:

- In the case where the IP international network of the enterprise connects to one (01) MSC gateway of each network, the corresponding connection fee paid to the mobile network is 0.15 USD per minute;

- In the case where the IP international network of the enterprise connects to all MSC gateways of each network, the corresponding connection fee paid to the mobile network is 0.10 USD per minute;

d) For international IP telephone calls terminating on the national mobile network through the long-distance inter-provincial PSTN network, in addition to the interconnection fee of 0.10 USD per minute paid to the mobile network, the enterprise pays an additional interconnection fee of 0.10 USD per minute to the inter-provincial network;

2. Additional connection fees:

a) Supplemental interconnection charges apply only to international IP traffic arriving in Vietnam, and not to international IP traffic originating from Vietnam.

b) Supplemental interconnection charges are defined as follows:

- In provinces where the enterprise providing international IP telephony services has established a Point of Presence (POP):

+ If the volume of international IP traffic arriving in Vietnam from the enterprise providing international IP telephony services exceeds 15% of the total volume of international traffic (including IDD and VoIP) to the provinces where the enterprise has established a POP, in addition to the basic interconnection rate, the enterprise pays VNPT a supplemental interconnection charge of 0.10 USD per minute for the portion exceeding 15%;

+ If the volume of international IP traffic arriving in Vietnam from the enterprise providing international IP telephony services exceeds 20% of the total volume of international traffic (including IDD and VoIP) to the provinces where the enterprise has established a POP, in addition to the basic interconnection rate, the enterprise pays VNPT a supplemental interconnection charge of 0.20 USD per minute for the portion exceeding 20%;

- In provinces where the enterprise providing international IP telephony services has not established a POP:

+ If the volume of international IP traffic arriving in Vietnam from the enterprise providing international IP telephony services exceeds 10% of the total volume of international traffic (including IDD and VoIP) to the provinces where the enterprise has not established a POP, in addition to the basic interconnection rate, the enterprise pays VNPT a supplemental interconnection charge of 0.20 USD per minute for the portion exceeding 10%;

* The volume of international IP traffic arriving in Vietnam terminating on the national mobile network is considered to terminate at the point where a POP is located.

Article 3. Reporting Traffic Volume and Setting Traffic Limits

1. Each month, enterprises are responsible for reporting to the Ministry of Posts and Telecommunications before the 15th of each month the data of the previous month according to the following contents:

- Volume of international PSTN traffic originating from Vietnam to international destinations and international traffic arriving in Vietnam for each province;

- Volume of international IP traffic originating from Vietnam to international destinations and international traffic arriving in Vietnam for each POP.

2. Based on the reports from enterprises, the Ministry of Posts and Telecommunications will publish monthly the volume of international PSTN traffic and international IP traffic originating from Vietnam to international destinations and international traffic arriving in Vietnam.

3. The volume and market share of enterprises to apply the interconnection rates specified in Article 2 of this Decision will be calculated quarterly based on the data published monthly by the Ministry of Posts and Telecommunications.

Article 4. This Decision takes effect from April 1, 2003. All previous regulations inconsistent with this Decision are hereby abolished.

Article 5. The Head of the Office, the Director of the Planning and Finance Department, the Heads of units under the Ministry of Posts and Telecommunications, the General Director of Vietnam Post and Telecommunications Corporation (VNPT), the General Directors and Directors of enterprises providing international IP telephony services, and related units are responsible for implementing this Decision./.