This document is a commitment to implement a public telecommunications network establishment license of a business. The main contents include compliance with the Law on Telecommunications and related decrees, commitment to comply with the regulations stipulated in the License, commitment to invest in developing the telecommunications network within three years from the date of issuance of the License and throughout the entire validity period of the License.
적용 범위
A business holding a public telecommunications network establishment license
핵심 사항
- Compliance with the Law on Telecommunications and related decrees
- Commitment to comply with the regulations stipulated in the License
- Commitment to invest in developing the telecommunications network within three years from the date of issuance of the License
- Commitment to invest in developing the telecommunications network throughout the entire validity period of the License.
- Pay fines for violations according to the laws on telecommunications if there is a breach of the License implementation
🌐 이 문서의 사회적 영향
- Strengthen discipline in management and use of telecommunications services
- Ensure that users of telecommunications services have good quality and safety
- Improve a fair business environment for telecommunications businesses
❓ 자주 묻는 질문
Is this commitment mandatory to be implemented?
Yes, this commitment is mandatory for businesses to ensure compliance with the law and regulations on managing public telecommunications networks.
How will violations of the commitment be penalized?
Violations of the commitment will be penalized according to the laws on telecommunications, specifically requiring payment of fines for violations.
Can the investment commitment be changed?
The investment commitment after being signed and announced cannot be changed without the consent of the licensing authority.
전문
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 81/2016/NĐ-CP |
Hanoi, July 1, 2016 |
DECREE
AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE DECREE NO. 25/2011/NĐ-CP OF APRIL 6, 2011 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE COMMUNICATION LAW
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Telecommunications dated November 23, 2009;
Pursuant to the Investment Law dated November 26, 2014;
Pursuant to the Enterprise Law dated November 26, 2014;
At the proposal of the Minister of Information and Communications;
The Government issues this Decree to amend and supplement certain Articles of the Decree No. 25/2011/NĐ-CP of April 6, 2011 issued by the Government providing guidelines for implementation of certain provisions of the Communication Law.
Article 1. Amending and supplementing certain Articles of the Decree
No. 25/2011/NĐ-CP dated April 6, 2011 issued by the Government providing detailed guidelines for implementation of certain Articles of the Communication Law (Decree No. 25/2011/NĐ-CP)1. Amend Article 4 as follows:
a) Repealing the phrase "in the form of direct investment, indirect investment" as stipulated in Clause 1;
b) Repealing the word "directly" as stipulated in Clause 2.
2. Amending and supplementing Clause 5 as follows:
"Article 5. Registration and review of foreign-invested projects in telecommunications services business
For foreign-invested projects in telecommunications services business that require a decision on investment orientation from the Prime Minister, the registration authority must submit the application dossier to seek opinions from the Ministry of Information and Communications."
3. Repeal Clause 3 of Article 10.
4. Amendment and supplementation of Article 13 as follows:
"Article 13. Standard contracts, General terms and conditions for provision and use of telecommunications services
1. The provision and use of telecommunications services shall be based on standard contracts, general terms and conditions for provision and use of telecommunications services concluded between telecommunications enterprises and users of telecommunications services.
2. Standard contracts, general terms and conditions for provision and use of telecommunications services may be concluded orally, in writing, or through specific actions.
3. For essential telecommunications services listed in the service list prescribed by the Prime Minister, the Ministry of Industry and Trade shall approve the registration of standard contracts, general terms and conditions for provision and use of services after reaching consensus with the Ministry of Information and Communications.
4. For telecommunications services not listed in Clause 3 of this Article but included in the list of telecommunications services prescribed by the Ministry of Information and Communications which require standard contracts, general terms and conditions for provision and use of telecommunications services, telecommunications enterprises must register such standard contracts and general terms and conditions according to the procedures applicable to essential telecommunications services as stipulated in Clause 3 of this Article with the specialized management agency for telecommunications.
5. The Ministry of Information and Communications shall provide detailed regulations on minimum requirements, contents, and procedures for registering standard contracts and general terms and conditions for provision and use of telecommunications services."
5. Amend and supplement Article 23 as follows:
a) Amending and supplementing Clause 1, Clause 2 as follows:
"1. Application dossier for establishment of public telecommunications networks
Telecommunications enterprises submitting an application for a license to establish a telecommunications network must send five sets of application dossiers to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application dossier. The application dossier includes:
a) An application form for a license according to Model No. 01 attached to this Decree;
b) A certified copy including a copy issued from the original book or a certified copy of the enterprise registration certificate, investment registration certificate for foreign investors (or a certified copy of a valid equivalent certificate issued before the effective date of the Investment Law No. 67/2014/QH13 and the Enterprise Law No. 68/2014/QH13);
c) A certified copy of the current articles of association of the enterprise stamped with the enterprise's confirmation seal;
d) A certificate of legal capital in accordance with the guidance of the Ministry of Information and Communications;
đ) A business plan for the first five years from the date of issuance of the license including the following main contents: Market forecast and analysis; business plan; revenue; total investment cost and allocation of costs for each year; investment form, capital raising plan; human resources (according to Model No. 04 attached to this Decree);
e) A corresponding technical plan for the first five years from the date of issuance of the license including the following main contents: Network configuration, equipment for each year, both main and backup parts; network capacity, equipment capability analysis; transmission capacity; telecommunication resources; technology, standards, technical regulations applied; measures to ensure service quality and information security (according to Model No. 05 attached to this Decree);
g) A commitment letter to implement the license according to Model No. 07 attached to this Decree.
2. Application dossier for provision of telecommunications services
Telecommunications enterprises submitting an application for a license to provide telecommunications services must send five sets of application dossiers to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application dossier. The application dossier includes:
a) An application form for a license according to Model No. 01 attached to this Decree;
b) A certified copy including a copy issued from the original book or a certified copy of the enterprise registration certificate, investment registration certificate for foreign investors (or a certified copy of a valid equivalent certificate issued before the effective date of the Investment Law No. 67/2014/QH13 and the Enterprise Law No. 68/2014/QH13);
c) A certified copy of the current articles of association of the enterprise stamped with the enterprise's confirmation seal;
d) A business plan for the first five years from the date of issuance of the license including the following main contents: Service type; scope of service provision; service tariff; market forecast and analysis, revenue; total investment cost and allocation of costs for each year; investment form, capital raising plan; human resources; measures to protect the legitimate rights and interests of service users in case the enterprise ceases to operate the service (according to Model No. 04 attached to this Decree);
đ) A technical plan corresponding to the business plan for the first five years from the date of obtaining the license, including the following main contents: Network configuration to be used each year, both the main part and the backup part; network and telecommunications equipment capacity analysis; transmission line capacity; telecommunications resources; applicable technology, standards, technical regulations; telecommunications connection; service quality assurance measures; information security assurance measures (in accordance with Model No. 05 attached hereto).
b) Amend and supplement Clause 4 as follows:
“4. Time limit and procedure for processing applications
a) Within five working days from the date of receipt of the application, the specialized management agency for telecommunications shall examine and notify the enterprise of the validity of the application;
b) Within fifteen working days from the date of receipt of a valid application, the specialized management agency for telecommunications shall take the lead and coordinate with relevant agencies to review the application and issue a telecommunications service provision license to the enterprise in accordance with the authority prescribed in Article 18 of this Decree;
c) Within fifteen working days from the date of receipt of a valid application, the specialized management agency for telecommunications shall take the lead and coordinate with relevant agencies to review the application and issue a public telecommunications network establishment license to the enterprise in accordance with the authority prescribed in Article 18 of this Decree. In cases provided for in Clause 2, Article 19 and Clause 3, Article 20 of this Decree, the enterprise shall be issued a telecommunications license within five working days from the date the enterprise completes its obligation to ensure the implementation of the license as notified by the specialized management agency for telecommunications;
d) In case of refusal to grant a license, the specialized management agency for telecommunications shall notify the enterprise applying for the license in writing, specifying the reasons for refusal.
c) Amend and supplement Clause 6 as follows:
“6. Publicizing the content of the business license for telecommunications services
Within thirty days from the date of issuance of the business license for telecommunications services, the enterprise must publish on one of the newspapers in three consecutive issues or on the electronic newspaper and the website of the Ministry of Information and Communications for twenty days the contents specified in Points a, b, c, and d of Clause 5, Article 23 of this Decree.”
6. Add Article 23a as follows:
“Article 23a. Conditions for issuing a business license for telecommunications services
1. The conditions for issuing a business license for telecommunications services as stipulated in Article 36 of the Telecommunications Law.
2. The organizational structure and human resource conditions as stipulated in Point b, Clause 1, Article 36 of the Telecommunications Law include:
a) The enterprise is not currently undergoing division, separation, merger, consolidation, conversion, dissolution, bankruptcy according to decisions that have been promulgated;
b) The enterprise has an organizational structure and human resources ensuring the implementation of the business plan, technical plan, and measures to ensure the safety of telecommunications infrastructure and information security.”
7. Amend and supplement Article 24 as follows:
“Article 24. Cases requiring procedures for amending and supplementing licenses and notification procedures
1. During the validity period of the telecommunications service business license, the enterprise that has been licensed must submit a request to amend and supplement the content of the telecommunications service business license when there is at least one of the following changes:
a) Change of the name of the licensed enterprise;
b) Change in the scope of establishing a telecommunications network, the scope of providing telecommunications services, type of service, and the need to use telecommunications resources already approved by the Ministry of Information and Communications;
c) Request to provide telecommunications services not specified in the license and the competent authority issuing such services is the authority that has already issued the current license;
d) Ceasing to provide telecommunications services already licensed.
2. During the validity period of the telecommunications service business license, the enterprise does not need to submit a request to amend and supplement the license but must notify the specialized management agency for telecommunications of related information within thirty days from the date of at least one of the following changes:
a) Head office address;
b) Legal representative;
c) Statutory capital or investment capital but still ensuring compliance with the requirements for statutory capital as prescribed in Articles 19, 20, and 21 of this Decree;
d) Contribution ratio among shareholders but still ensuring compliance with foreign investment requirements in the enterprise and ownership requirements as prescribed in Article 3 of this Decree.”
8. Add Article 24a as follows:
“Article 24a. Procedures for amending and supplementing the business license for telecommunications services
1. An enterprise submitting an application to amend and supplement the business license for telecommunications services must submit three sets of applications to the specialized management agency for telecommunications and bear responsibility for the accuracy and truthfulness of the application for licensing.
2. The application to amend and supplement the business license due to a change in the enterprise's name includes the following documents:
a) Application form for amending and supplementing the business license for telecommunications services in accordance with Model No. 02 attached hereto;
b) A certified copy including a copy issued from the original book or a certified copy of the enterprise registration certificate, investment registration certificate for foreign investors (or a certified copy of a valid equivalent certificate issued before the effective date of the Investment Law No. 67/2014/QH13 and the Enterprise Law No. 68/2014/QH13);
c) Report on the implementation of the license from the date of issuance of the license to the date of submission of the application for amendment and supplementation of the license in accordance with Model No. 06 attached hereto.
3. The application to amend and supplement the license due to expanding the scope of establishing a public telecommunications network and adding permitted telecommunications services includes the following documents:
a) Application form for amending and supplementing the business license for telecommunications services in accordance with Model No. 02 attached hereto;
b) Report on the implementation of the license from the date of issuance of the license to the date of submission of the application for amendment and supplementation of the license in accordance with Model No. 06 attached hereto;
c) Amended and supplemented business and technical plans for the expanded network establishment scope and new services expected to be provided in accordance with Models No. 04 and No. 05 attached hereto.”
4. The specialized telecommunications management agency shall accept and examine the validity of the application within five working days from the date of receipt of the application; review and decide to amend and supplement the content of the license in accordance with the authority prescribed in Article 18 of this Decree within fifteen working days from the date of receipt of the valid application. In case of refusal to amend and supplement the content of the license, the specialized telecommunications management agency shall be responsible for providing a written response stating the reasons for refusal to the enterprise requesting amendment and supplementation.
5. The amendment and supplementation of the telecommunications service business license shall be based on the licensing conditions stipulated in Article 23a of this Decree.
6. The amended and supplemented license shall be effective from the date of issuance of the amendment and supplementation until the expiration date of the license being requested to be amended and supplemented.
7. The announcement of the content of the amendment and supplementation of the telecommunications service business license shall be carried out in accordance with the provisions of Clause 6, Article 23 of this Decree."
9. Supplement Article 24b as follows:
"Article 24b. Extension of Telecommunications Service Business License
1. An enterprise that has been granted a telecommunications service business license wishing to extend the license must submit three sets of extension application files to the specialized telecommunications management agency at least sixty days before the expiration date of the license and bear responsibility for the accuracy and truthfulness of the application files.
2. The extension application file includes:
a) An extension application form according to Form No. 03 attached to this Decree;
b) A report on the implementation of the license from the date of issuance to the date of the extension request according to Form No. 06 attached to this Decree.
3. The specialized telecommunications management agency shall accept and examine the validity of the application within five working days from the date of receipt of the application; review and decide to extend the license in accordance with the authority prescribed in Article 18 of this Decree within fifteen working days from the date of receipt of the valid application. In case of refusal to extend the license, the specialized telecommunications management agency shall be responsible for providing a written response stating the reasons to the enterprise requesting extension.
4. The extension of the telecommunications service business license shall be based on the enterprise's compliance with the regulations in the telecommunications service business license being extended and the telecommunications laws.
5. The extended license shall be effective from the expiration date of the license being extended. The term of the extended license shall be determined in accordance with Point b, Clause 1, Article 38 of the Telecommunications Law.
6. The announcement of the content of the extension of the telecommunications service business license shall be carried out in accordance with the provisions of Clause 6, Article 23 of this Decree."
10. Supplement Article 24c as follows:
"Article 24c. Issuance of New Telecommunications Service Business License
1. An enterprise that has been granted a telecommunications service business license wishing to continue operating telecommunications services under the content of the previously issued license must submit a new license application file to the specialized telecommunications management agency at least sixty working days before the expiration date of the license.
2. The new license application file for public telecommunications service business includes the documents prescribed in Article 23 of this Decree and a report on the implementation of the license from the date of issuance to the date of the new license application according to Form No. 06 attached to this Decree.
3. The issuance of a new telecommunications service business license shall be carried out in accordance with the licensing conditions for telecommunications service business prescribed in Article 23a of this Decree, except for the provision "the enterprise is not currently undergoing division, separation, merger, consolidation, conversion, dissolution, bankruptcy pursuant to a decision already promulgated," taking into account the compliance with the regulations in the telecommunications service business license being applied for and the legitimate rights of telecommunications service users.
4. The new license shall be effective from the expiration date of the license being applied for. The term of the new license shall be determined in accordance with Clause 2, Article 34 of the Telecommunications Law.
5. The announcement of the content of the issuance of a new telecommunications service business license shall be carried out in accordance with the provisions of Clause 6, Article 23 of this Decree."
Article 2. Effective Date
1. This Decree takes effect from July 1, 2016.
2. From the date this Decree takes effect, Articles 11, 12, 17, 18, 19, 20, 21, 22, 23, 25, and 26 of Circular No. 12/2013/TT-BTTTT dated May 13, 2013, of the Minister of Information and Communications on guiding the issuance of telecommunications service business licenses shall cease to be effective.
Article 3. Implementation Organization
1. The Ministry of Information and Communications shall organize the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree.
|
Place of Receipt: |
PRIME MINISTER |
ANNEX
(Attached to Decree No. 81/2016/NĐ-CP dated July 1, 2016 of the Government)
|
Form No. 01 |
Application for Issuance of Telecommunications Service Business License |
|
Form No. 02 |
Application for Amendment and Supplementation of Telecommunications Service Business License |
|
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives |
Application for Extension of Telecommunications Service Business License |
|
Form number 04 |
Five-Year Business Plan of (Name of Enterprise) |
|
Form number 05 |
Five-Year Technical Plan of (Name of Enterprise) |
|
Form number 06 |
Report on Implementation of Telecommunications Service Business License |
|
Form No. 07 |
Commitment to Implement Public Telecommunications Network Establishment License |
Form No. 01
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: … |
..., day... month... year... |
APPLICATION FOR ISSUANCE OF TELECOMMUNICATIONS SERVICE BUSINESS LICENSE
Respectfully submitted to: Telecommunications Administration.
- Based on the Telecommunications Law dated November 23, 2009;
- Based on Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain articles of the Telecommunications Law; Decree No.../2016/NĐ-CP dated...month...year 2016 of the Government amending and supplementing certain articles of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain articles of the Telecommunications Law;
- (Name of Enterprise) requests to be granted a telecommunications service business license as follows:
Part 1. General Information
1. Name of the enterprise in Vietnamese: (Name recorded on the Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate, written in capital letters) …
2. Main office address: (Address recorded on the Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate) …
3. Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate number: …issued by …on …day …month …year …at …
4. Telephone: …Fax: …Website …
Part 2. Summary description of the application for license issuance
Type of license requested to be issued:
□ 1. Public Telecommunication Network Establishment License …1
Duration of the license requested: ... years ... months
□ 2. Telecommunication Service Provision License …2
Duration of the license requested: ... years ... months
Part 3. Attached Documents
1. ……………………………………………………………………………………………………
2. ……………………………………………………………………………………………………
Part 4. Commitment
(Enterprise name) hereby commits:
1. To bear full responsibility under the law for the accuracy and legality of the contents in the application for telecommunication service business license and attached documents.
2. If granted the telecommunication service business license, (enterprise name) will strictly comply with Vietnam's laws and regulations on telecommunication service business operations and the provisions in the telecommunication service business license.
|
Place of Receipt: |
LEGAL REPRESENTATIVE |
Contact person for the licensing dossier (name, position, telephone, email address)
_______________
1 Enter the network name as prescribed in Articles 19, 20, 21 of Decree No. 25/2011/ND-CP.
2 Enter the service name as prescribed in Circular No. 05/2012/TT-BTTTT dated May 18, 2012 of the Ministry of Information and Communications on classifying telecommunication services.
Form No. 02
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: … |
………, day … month … year 2016 |
APPLICATION FOR AMENDMENT AND SUPPLEMENT OF LICENSE
TO OPERATE TELECOMMUNICATION SERVICES
Respectfully submitted to: Telecommunications Administration.
- Based on the Telecommunications Law dated November 23, 2009;
- Based on Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain articles of the Telecommunications Law; Decree No. …/2016/ND-CP dated ... month ... year 2016 of the Government amending and supplementing certain articles of Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain articles of the Telecommunications Law;
- (Enterprise name) requests to be issued an amendment and supplement to the telecommunication service business license as follows:
Part 1. General Information
1. Name of the enterprise in Vietnamese: (Name recorded on the Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate, written in capital letters) …
2. Main office address: (Address recorded on the Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate): …
3. Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate number: ... issued by …on ... day ... month ... year ... at ...
4. Telephone: …Fax: …Website …
5. Telecommunication service business license requested to be amended and supplemented:
License (license name) number ... issued on ... day ... month ...
Part 2. Summary description of the application for amendment and supplement of the license
Reason for requesting amendment and supplement:
□ 1. Change of enterprise name;
□ 2. Narrowing the scope of public telecommunication network establishment;
□ 3. Expanding the scope of public telecommunication network establishment;
□ 4. Cease providing the following telecommunication services after …
□ 5. Allow provision of additional telecommunication services after …
□ 6. Other reasons (specify) …
Part 3. Attached Documents
1. ………………………………………………………………………………………………..
2. ………………………………………………………………………………………………..
3. ………………………………………………………………………………………………..
4. ………………………………………………………………………………………………..
5. ………………………………………………………………………………………………..
6. ………………………………………………………………………………………………..
Part 4. Commitment
(Enterprise name) commits:
1. To bear full responsibility under the law for the accuracy and legality of the contents in the application for amendment and supplement of the telecommunication service business license and attached documents.
2. If granted the amendment and supplement of the telecommunication service business license, (enterprise name) will strictly comply with Vietnam's laws and regulations on telecommunication service business operations and the provisions in the amendment and supplement of the telecommunication service business license./.
|
Place of Receipt: |
LEGAL REPRESENTATIVE |
Contact person for the licensing dossier (name, position, telephone, email address)
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: … |
………, day … month … year 2016 |
APPLICATION FOR EXTENSION
OF TELECOMMUNICATION SERVICE BUSINESS LICENSE
Respectfully submitted to: Telecommunications Administration.
- Based on the Telecommunications Law dated November 23, 2009;
- Based on Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain articles of the Telecommunications Law; Decree No. ……/2016/ND-CP dated ….month….year 2016 of the Government amending and supplementing certain articles of Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain articles of the Telecommunications Law;
- (Enterprise name) requests to be issued an extension of the telecommunication service business license as follows:
Part 1. General Information
1. Name of the enterprise in Vietnamese: (Name recorded on the Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate, written in capital letters) …
2. Main office address (Address recorded on the Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate): …
3. Enterprise Registration Certificate/Business Registration Certificate/Investment Registration Certificate number: …. issued by …on ... day …month …year ...
4. Telephone: …Fax: …Website …
5. Telecommunication service business license requested to be extended:
License (license name) number …issued on ... day ... month …year …
Part 2. Summary Description of the Extension Request
Reasons for requesting extension ...
The requested extension period: ... days ... months ... year ...
Part 3. Attached Documents
1. ……………………………………………………………………………………………………
2. ……………………………………………………………………………………………………
Part 4. Commitment
(Enterprise name) hereby commits:
1. Shall be responsible under the law for the accuracy and legality of the contents in the application for extending the telecommunications service business license and accompanying documents.
2. If granted an extension of the telecommunications service business license, (name of enterprise) will strictly comply with Vietnamese laws on telecommunications service business operations and regulations stipulated in the extended telecommunications service business license.
|
Place of Receipt: |
LEGAL REPRESENTATIVE |
Contact person for the licensing dossier (name, position, telephone, email address)
Form number 04
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
|
..., day ... month ... year .... |
BUSINESS PLAN
FOR THE FIRST 5 YEARS OF (NAME OF ENTERPRISE)
(From month ... year ... to month ... year ... attached documents to Application for ... number ... day ... month ... year ...)
Part 1. Market Forecast and Analysis
1. Summary of current business activities of the company, objectives set for the first three years and five years when obtaining a telecommunications service business license.
2. Analysis of main competitors and summary of the company's strategic position.
3. Analysis of the company’s capabilities.
4. Analysis of challenges when entering the market.
Part 2. Organizational Structure and Human Resources
1. Corporate organizational structure, headquarters, branches, and subsidiaries.
2. List of members of the Board of Directors, Executive Management Board, and Supervisory Board of the enterprise.
|
Name |
Gender |
Position in the enterprise |
National Identity Card Number/Passport Number/Issuing Authority/Date of Issue/Expiry Date (if applicable) |
Contact Address |
|
1 |
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Recruitment plan.
4. Human resource capability: Capability, technical experience, business experience of personnel in the proposed licensed field or ability to recruit/hire experienced/skilled human resources.
Part 3. Finance
1. List of organizations and individuals holding more than 20% of the charter capital of the enterprise (at the time of filing the application, including both direct and indirect investments).
|
No. |
Business Registration Certificate Number/Business Registration Certificate Number/Investment Certificate Number/National Identity Card Number/Passport Number |
Issuance date, issuing authority, and expiry date (if applicable) |
Transaction address/contact address |
Total contributed capital (value in money and percentage of the enterprise's charter capital) |
|
1 |
|
|
|
|
|
2 |
|
|
|
|
|
3 |
|
|
|
|
|
4 |
|
|
|
|
2. Detailed plan on investment costs, working capital requirements, and annual budget allocation for the first five years.
3. Detailed financial plan including: Expected sources of funds and amount of capital raised from each source; start date for raising and injecting capital; expected repayment period; loan schedule; reserve fund regulations.
4. Risk management plan, including business risks, financial risks, and policy change risks.
Part 4. Business Plan for the First Five Years
For applications to establish public telecommunications networks:
1. Type and geographic scope of the network planned to be established.
2. Network establishment plan: Scheduled steps to be implemented after receiving the License, including but not limited to the following activities:
a) Leasing, purchasing equipment, receiving equipment;
b) Determining installation locations for equipment and permission usage location plans;
c) Passive telecommunication infrastructure development plan (buildings, stations, poles, conduits, cable tanks) to establish the network;
d) Service provision point development plan;
đ) Customer complaint resolution procedures.
3. Expected key partners providing products and services to the enterprise to implement the issued license, accompanied by agreements, minutes, contracts with partners (if any).
4. Expected market and market development plan.
5. Profit/loss forecast, financial statement, and cash flow forecast (clearly presenting the assumptions used for calculation, such as asset depreciation policy, production forecast, increase/decrease in operating expenses).
6. Financial ratios: Return on Assets (ROA), Return on Equity (ROE), Operating Margin Ratio, Net Margin Ratio, Asset-Liability Ratio (clearly presenting the formulas used to calculate these ratios).
7. Internal Rate of Return (IRR) forecast, Net Present Value (NPV) forecast, Investment Payback Period forecast.
8. Risk management plan, including business risks, financial risks, and policy change risks.
For applications to provide telecommunications services:
1. Telecommunications services planned to be provided.
2. Scope of service provision.
3. Service provision plan: Scheduled steps to be implemented after receiving the License, including but not limited to the following activities:
a) Leasing, purchasing equipment, receiving equipment;
b) Determining installation locations for equipment and permission usage location plans;
c) Service provision point development plan;
d) Service tariff;
đ) Customer complaint resolution procedures.
4. Expected key partners providing products and services to the enterprise to implement the issued license, accompanied by agreements, minutes, contracts with partners (if any).
5. Expected market and market development plan.
6. Revenue forecast, profit/loss forecast, financial statement, and cash flow forecast (clearly presenting the assumptions used for calculation, such as asset depreciation policy, production forecast, increase/decrease in operating expenses).
7. Financial ratios: Return on Assets (ROA), Return on Equity (ROE), Operating Margin Ratio, Net Margin Ratio, Asset-Liability Ratio (clearly presenting the formulas used to calculate these ratios).
8. Internal Rate of Return (IRR) forecast, Net Present Value (NPV) forecast, Investment Payback Period forecast.
9. Risk management plan, including business risks, financial risks, and policy change risks.
10. Measures to ensure the rights and legitimate interests of service users in case the enterprise ceases to operate the service.
Form number 05
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
|
..., day ... month ... year .... |
TECHNICAL PLAN
FOR THE FIRST 5 YEARS OF (NAME OF ENTERPRISE)
(From month ... year ... to month ... year ... attached documents to Application for ... number ... day ... month ... year ...)
For applications to obtain a permit to establish a telecommunications network
1. Telecommunications network configuration
a) Planned telecommunications network configuration: Configuration planned annually, including both primary and backup parts;
b) Overall telecommunications infrastructure (domestic, international): network capacity, transmission plan, switching plan, routing plan, signaling plan, passive telecommunications infrastructure development plan.
2. Network equipment
Proposed installation locations for equipment, detailed technical specifications of the telecommunications network (international gateway station, local exchange, trunk exchange, tandem exchange, terrestrial cable transmission lines, installation locations for radio wave transceivers, other installed equipment).
3. Telecommunications network capacity and telecommunications equipment
Geographic scope proposed for establishing the network at the start of operations and development plans for the first five years; initial capacity; proposed upgrades and expansions of capacity in subsequent years until the end of the license term.
4. Telecommunications resources
Proposed telecommunications number ranges to be used, proposed radio frequencies to be used, proposed Internet resources to be used.
5. Telecommunications connections
Proposed connection with licensed public telecommunications networks (signaling parameters, transmission, synchronization), connection configuration, requirements for connection interface points.
6. Technology, standards, regulations, network quality
a) Technology and basis for selecting technology used for switching, transmission, and intra-network access systems to establish a telecommunications network/provide telecommunications services;
b) Relevant technical standards and regulations;
c) Telecommunications network performance and telecommunications network quality indicators;
d) Measures to ensure telecommunications service quality.
7. Ensuring the safety of telecommunications infrastructure and information security
Proposed plan to ensure the safety of telecommunications infrastructure and information security: standards, regulations, technical measures proposed to be implemented.
For applications requesting permission to provide telecommunications services
1. Configuration of telecommunications equipment systems proposed to be established, proposed leasing from telecommunications enterprises
a) Configuration of telecommunications equipment systems proposed to be established: proposed configuration each year during the first five years, including both main and backup components;
b) Proposed installation locations for equipment;
c) Proposed leasing of telecommunications networks and telecommunications equipment from telecommunications enterprises.
2. Telecommunications resources
Proposed telecommunications number ranges to be used, proposed Internet resources to be used.
3. Telecommunications connections
Proposed connection with licensed public telecommunications networks (signaling parameters, transmission, synchronization), connection configuration, requirements for connection interface points.
4. Technology, standards, regulations, service quality
a) Technology and basis for selecting technology used for equipment systems to provide telecommunications services;
b) Relevant standards, regulations, and techniques;
c) Minimum telecommunications service quality;
d) Measures to ensure telecommunications service quality.
5. Ensuring the safety of telecommunications infrastructure and information security
Proposed plan to ensure the safety of telecommunications infrastructure and information security: standards, regulations, technical measures proposed to be implemented.
6. Ensuring user information confidentiality
Proposed plan to ensure user information confidentiality when providing services: measures and methods proposed to be implemented.
Form number 06
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
|
..., day ... month ... year .... |
On the situation of issuing C/O and Approval Documents in quarter/year …
OF TELECOMMUNICATION SERVICE BUSINESS LICENSE
(From month ... year ... to month ... year ...)
(attached documents to the application for amending, supplementing/newly issuing a telecommunications service business license number ... dated ... month ... year ...)
Respectfully submitted to: Telecommunications Administration.
I. INFORMATION ON THE LICENSE
Public telecommunications network establishment license/Telecommunications service provision license number … issued by ... on ... month ... year ...
II. REPORT ON LICENSE IMPLEMENTATION SITUATION
For Public Telecommunications Network Establishment License
1. Network Capacity
Details and transmission, switching, routing, signaling, passive telecommunications infrastructure capabilities.
2. Telecommunications Network Equipment
Equipment installation locations, detailed technical specifications of the telecommunications network (international gateway station, local exchange, trunk exchange, tandem exchange, terrestrial cable transmission lines, installation locations for radio wave transceivers, other installed equipment, assigned telecommunications subscriber numbers, currently operational telecommunications subscriber numbers, required radio frequencies...).
3. Telecommunications Network Coverage
Coverage developed annually.
4. Telecommunications Connections
a) Telecommunications enterprises with which agreements have been signed for connection;
b) Detailed telecommunications connection information: signaling, transmission, synchronization, connection configuration, connection capacity, connection interface points.
5. Technology, Standards, Regulations, Service Quality
a) Technology used for switching, transmission, and intra-network access systems to establish a public telecommunications network;
b) Applied telecommunications standards and regulations;
c) Telecommunications network performance and minimum telecommunications network and service quality indicators;
d) Measures to ensure telecommunications service quality currently being implemented.
6. Ensuring the safety of telecommunications infrastructure and information security
Plan to ensure the safety of telecommunications infrastructure and information security currently being implemented.
7. Financial Report
Audited financial report at the most recent year prior to the date of this report.
8. Human Resources
Human resource status, technical capability, and experience within the enterprise.
For Telecommunications Service Provision License
1. Types of services provided, service coverage already provided.
2. For each service provided
a) Statistics on service users, subscriber numbers, market share, revenue;
b) Model telecommunications service usage contracts, general terms and conditions for providing and using telecommunications services currently in effect;
c) Tariffs, service quality;
d) Ensuring the safety of telecommunications infrastructure and information security when providing services;
đ) Other issues (if any);
3. Telecommunications connections
a) Telecommunications enterprises with which agreements have been signed for connection;
b) Detailed telecommunications connection information: signaling, transmission, synchronization, connection configuration, connection capacity, connection interface points.
4. Technology, standards, regulations, service quality
a) Applied telecommunications standards and regulations;
b) Telecommunications network performance and minimum telecommunications network and service quality indicators;
c) Measures to ensure telecommunications service quality currently being implemented.
5. Ensuring the safety of telecommunications infrastructure and information security
Plan to ensure the safety of telecommunications infrastructure and information security currently being implemented.
6. Ensuring user information confidentiality
Plan to ensure user information confidentiality when providing services currently being implemented.
7. Financial Report
Audited financial report at the most recent year prior to the date of this report.
8. Human Resources
Human resource status, technical capability, and experience within the enterprise.
Respectfully./.
|
Place of Receipt: |
LEGAL REPRESENTATIVE |
Form No. 07
|
(ENTERPRISE NAME) |
SOCIALIST REPUBLIC OF VIET NAM |
|
|
..., day ... month ... year .... |
COMMITMENT TO IMPLEMENTATION
PUBLIC TELECOMMUNICATIONS NETWORK ESTABLISHMENT LICENSE
(Attached documents to the application ... number ... dated ... month ... year ...)
Respectfully submitted to: Telecommunications Administration.
Enterprise name in Vietnamese: (Name recorded on the Business Registration Certificate/Business Registration Certificate/Investment Registration Certificate, written in capital letters)
Main office address: (Address recorded on the Business Registration Certificate/Business Registration Certificate/Investment Registration Certificate): ...
Business Registration Certificate/Business Operation Registration Certificate/Investment Registration Certificate number: ... issued by ... on ... day ... month ... year ... at ...
Telephone: ... Fax: ... Website ...
Pursuant to the Telecommunications Law dated November 23, 2009 adopted by the National Assembly, Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain Articles of the Telecommunications Law; Decree No. .../2016/ND-CP dated ... day ... month ... year 2016 of the Government amending and supplementing certain Articles of Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain Articles of the Telecommunications Law, (name of enterprise):
1. Commitment to comply with all provisions stipulated in the Public Telecommunication Network Establishment Permit;
2. Commitment to invest in establishing a public telecommunication network as follows:
a) Within three years from the date of issuance of the Permit, commit to investing in developing the telecommunication network according to the following scale and scope:
|
No. |
Scope |
Scale |
Investment budget |
|
First year |
- |
- |
- |
|
Second year |
- |
- |
- |
|
Third year |
- |
- |
- |
b) Throughout the entire validity period of the Permit, commit to investing in developing the telecommunication network according to the following scale and scope:
|
No. |
Scope |
Scale |
Investment budget |
|
By the fifth year |
- |
- |
- |
|
By the tenth year |
- |
- |
- |
|
Until the end of the Permit's validity period |
- |
- |
- |
(Name of enterprise) is responsible for the commitments made above and will be subject to fines under the Telecommunications Law if there is a violation of the Permit./.
|
Place of Receipt: |
LEGAL REPRESENTATIVE |
원본 문서(PDF)
관계도
문서를 클릭하면 열립니다. 빨간 테두리＝효력을 변경하는 관계.
번역본
이 문서는 다음 언어로 제공됩니다: