Decision No. 74/2006/QD-TTg Approves the Program to Provide Public Interest Telecommunications Services until 2010

Pursuant to …;

Decree of the Prime Minister No. 74/2006/QĐ-TTg dated April 7, 2006 approving the Program on Providing Public Interest Telecommunication Services until 2010

Approving the Program on Providing Public Interest Telecommunication Services until 2010 with the main contents as follows:

_____________________________

PRIME MINISTER

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

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

Pursuant to Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding telecommunication;

Pursuant to Decree No. 31/2005/NĐ-CP dated March 11, 2005 of the Government on production and supply of public goods and services;

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

Considering the proposal of the Minister of Posts and Telecommunications,

 DECISION

Article 1. Approves the Program on Providing Public Interest Telecommunication Services until 2010 with the following main contents:

I. OBJECTIVES

I. GENERAL OBJECTIVES

Accelerating the provision of telecommunication and Internet services to all people nationwide, focusing on developing such services in mountainous areas, remote areas, and areas with difficult socio-economic conditions to narrow the gap in telecommunication and Internet service usage between regions and promote economic and social development and contribute to ensuring national security and defense.

2. Specific objectives

By 2010, ensure:

- The telephone density in areas provided with public interest telecommunication services reaches over 5 units per 100 inhabitants;

- 100% of communes nationwide have public telephone access points;

- 70% of communes nationwide have public Internet access points;

- All citizens can access free of charge when using mandatory telecommunication services.

II. TASKS

1. Supporting telecommunications enterprises in developing telecommunication infrastructure and public telecommunication service access points

a) Supporting investment in building new, upgrading, and expanding telecommunication network infrastructure and Internet in areas provided with public interest telecommunication services.

b) Investing in developing public telecommunication and Internet access points nationwide to achieve the specific goals mentioned above.

2. Supporting telecommunications enterprises in maintaining costs for providing public interest telecommunication services

a) Supporting telecommunications enterprises in maintaining costs for providing public interest telecommunication services in areas provided with public interest telecommunication services, aiming to:

- Ensuring that enterprises have the ability to continuously provide universal telecommunication services and mandatory telecommunication services according to the State's public interest telecommunication service policy;

- Developing individual and household subscribers living in areas provided with public interest telecommunication services and other special groups as prescribed by the State; enhancing the capacity for citizens to access and use services.

b) Supporting the provision of mandatory telecommunication services nationwide.

3. Supporting other public tasks as decided by the Prime Minister.

III. LIST OF PUBLIC INTEREST TELECOMMUNICATION SERVICES

Public interest telecommunication services include universal telecommunication services and mandatory telecommunication services.

1. Universal telecommunication services

a) Standard telephone service (with scope of communication, rates, quality... as prescribed by the Ministry of Posts and Telecommunications).

b) Standard Internet access service (with scope of communication, communication methods, rates, quality... as prescribed by the Ministry of Posts and Telecommunications).

2. Mandatory telecommunication services

a) Emergency communication service: medical rescue, security - social order, firefighting.

b) Telecommunication services for search and rescue, disaster prevention and control as prescribed by competent authorities.

c) Telephone directory assistance service.

d) Telecommunication services for urgent activities of the State as prescribed by competent authorities.

IV. SCOPE AND TARGET GROUPS

1. Scope

Chapter I provides telecommunication public services until 2010 implements the provision of telecommunication public services within the following scopes:

a) The area providing telecommunication public services.

The area providing telecommunication public services until 2010 is determined according to administrative units at the district level or commune level based on administrative boundaries according to the criteria:

- A district provided with telecommunication public services is a district having a fixed telephone density lower than 2.5 machines per 100 inhabitants at the time of determination.

- Communes provided with telecommunication public services are communes:

+ Located within a district provided with telecommunication public services;

+ Communes with particularly difficult socio-economic conditions as prescribed by the Prime Minister, located outside districts provided with telecommunication public services.

b) For communes outside the area providing telecommunication public services that have not yet had public access points for telephone and Internet services, the Program will support investment in developing public access points to popularize these services nationwide.

c) Compulsory telecommunication services are supported for provision nationwide.

2. Recipients of telecommunication public services

Recipients of telecommunication public services are implemented in accordance with the provisions of Clause 2, Article 5 of Decision No. 191/2004/QD-TTg dated November 8, 2004 of the Government Chairman regarding the establishment, organization, and operation of the Vietnam Telecommunication Public Service Fund.

V. FINANCE

1. The estimated budget for implementing the Program is approximately 5.2 trillion VND, including sources:

a) Vietnam Telecommunication Public Service Fund: 5.1 trillion VND.

b) Other sources of capital from Ministries, sectors, localities: 100 billion VND.

2. Financial support content for implementing the Program:

a) For financial support from the Vietnam Telecommunication Public Service Fund: implemented in accordance with the provisions of Clause 1, Article 7 of Decision No. 191/2004/QD-TTg dated November 8, 2004 of the Government Chairman regarding the establishment, organization, and operation of the Vietnam Telecommunication Public Service Fund.

b) For expenditures from Ministries, sectors, localities: implemented in accordance with current laws.

VI. SOLUTIONS AND MANAGEMENT MECHANISMS

1. Determining and announcing areas provided with telecommunication public services; determining the priority sequence for providing telecommunication public services in each area, region; prioritizing the development of public access points for telecommunication services so that all citizens can use telecommunication public services.

2. Management of plans and projects for providing telecommunication public services

a) The Program for providing telecommunication public services is implemented through annual plans for providing telecommunication public services of the State.

b) Plans and projects for providing telecommunication public services are carried out in accordance with the State's regulations on tendering, ordering the supply of public goods and services of the State, and guidance from competent state agencies.

3. Investment and financial management of the Program

The management of investment and finance of the Program using state funds is implemented in accordance with the State's regulations on investment management and construction; on financial management for the provision of public goods and services. The State specifies the support methods, support levels; distribution and payment mechanisms for the implementation of telecommunication public service provision assigned by the State plan, ordered by the State; distribution and payment methods for tendered projects for the provision of telecommunication public services.

4. Quality and tariff management for telecommunication public services

The State stipulates quality standards and tariffs for telecommunication public services. Telecommunication service providers supplying public services may choose technology and techniques to provide services but must ensure compliance with service quality requirements and adhere to the telecommunication public service tariffs prescribed by the State.

5. Combining and integrating the Program for providing telecommunication public services with other national target programs. Management and operational agencies of the Program are responsible for coordinating with Ministries, sectors, localities on relevant contents related to programs to combine and enhance the effectiveness of implementing the goal of providing telecommunication public services.

6. Implementing reporting systems and monitoring, inspection, and evaluation of the Program's implementation

The State stipulates reporting systems; carries out supervision, inspection of the situation of providing telecommunication public services and the mobilization and utilization of state resources invested in the Program.

Annually, the management and operational agency of the Program is responsible for summarizing and reporting to the Prime Minister on the implementation status of the Program.

7. Encouraging organizations and individuals to participate in building and providing public access points for telephone and Internet services. Telecommunication service providers supplying public services are responsible for constructing and developing network infrastructure to public access points.

8. Strengthening propaganda on the State's policy on telecommunication public services; ensuring fairness and transparency in activities related to the provision of telecommunication public services through the provision of information about the State's annual plans for providing telecommunication public services to telecommunications enterprises; announcing telecommunication service providers supplying public services for the people to know, implement, and participate in supervising the implementation of the Program.

Article 2. Implementation of the Program

1. The Ministry of Posts and Telecommunications is the managing and operating agency of the Program, with the tasks:

a) Determining and announcing the list of areas provided with telecommunication public services, recipients of telecommunication public services suitable for each period.

b) Organizing the construction, approval, and management, directing the implementation of annual plans for providing telecommunication public services; specifying the scale of public access points for telecommunication services and coordinating with relevant Ministries, sectors, localities to guide the establishment and management of these access points.

c) Specifying quality standards for telecommunication public services and tariffs for telecommunication public services within its authority.

d) Specifying support methods, approving support levels to implement specific tasks of the Program in accordance with the law.

d) Direct the Vietnam Universal Service Fund in carrying out activities to support the implementation of the Program.

e) Specify the reporting system for the Program's activities and coordinate with relevant Ministries and sectors to inspect, supervise, evaluate, and compile the results of the Program's implementation to report to the Prime Minister.

g) Provide information on policies; programs, plans, projects for providing universal telecommunications services in accordance with the provisions of the law.

h) Take the lead and coordinate with relevant Ministries and sectors to guide the implementation of this Program.

2. Ministry of Finance

- Take the lead and coordinate with the Ministry of Posts and Telecommunications to guide the financial management mechanism for implementing the Program; supervise and inspect compliance with financial management regulations during the Program's implementation.

- Guide the implementation of value-added tax exemption for universal telecommunications services in accordance with the provisions of the law.

- Coordinate with the Ministry of Posts and Telecommunications in setting rates for universal telecommunications services.

3. The Ministry of Planning and Investment

Coordinate with the Ministry of Posts and Telecommunications in guiding the development and management of annual plans for providing universal telecommunications services; compile reports on the provision of universal telecommunications services to be included in the Government's annual economic and social target reports.

4. Relevant Ministries and Sectors

- Shall have the responsibility to coordinate with the Ministry of Posts and Telecommunications and telecommunications enterprises in guiding and supporting the establishment and maintenance of public telecommunications access points at units under their management according to the annual plan for providing universal telecommunications services issued by the Ministry of Posts and Telecommunications.

- Develop content plans for the Internet aimed at disseminating and promoting laws and professional knowledge within their jurisdiction; prioritize allocating funds assigned by the State to implement these activities.

5. Provincial People's Committees under the Central Government

- Coordinate and propose with the Ministry of Posts and Telecommunications in developing plans for providing universal telecommunications services at local levels.

- Manage and implement specific contents of the Program in accordance with the guidance of the Ministry of Posts and Telecommunications; inspect and handle violations related to the provision of universal telecommunications services at local levels.

- Allocate funds to support the implementation of the Program within the scope of responsibilities and authority of the locality.

6. Telecommunications Enterprises

- Are entitled to participate equally in accessing information and bidding for the implementation of national plans and projects for providing universal telecommunications services; implement national plans and projects for providing universal telecommunications services according to orders from the Ministry of Posts and Telecommunications.

- Comply with state regulations on the provision of universal telecommunications services.

- Shall be responsible for using state-subsidized capital effectively and for its intended purpose in implementing national plans and projects for providing universal telecommunications services.

Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 4. THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.