Chapter III
PUBLIC-UTILITY TELECOMMUNICATIONS
Article 30. Public-utility telecommunications activities
1. Public-utility telecommunications activity means an act of assisting in provision and use of public-utility telecommunications services and terminal devices, contributing socio-economic development.
2. Public-utility telecommunications services include:
a) Universal telecommunications service which means a telecommunications service provided for all people according to the service list, locations, conditions, quality and prices prescribed by the State;
b) Mandatory telecommunications service which means a telecommunications service provided at the request of the State in order to assure information and communications in cases of emergency under law.
3. Public-utility telecommunications activities shall adhere to the following principles:
a) Universalizing telecommunications services in border areas, mountainous areas, highland regions, coastal sand dunes, coastal areas and islands, ethnic minority areas, extremely disadvantaged areas and areas where business is unpromising according to market mechanism which are given priority;
b) Ensuring that all people have the right to access services in a fair and reasonable manner; prioritizing provision of assistance in use of public-utility telecommunications services and terminal devices for poor households, near-poor households, families that are beneficiaries of social policies and beneficiaries of other special policies under the Government’s decision.
4. Funding for the performance of public-utility telecommunications activities is covered by the public-utility telecommunication service fund.
Article 31. Vietnam public-utility telecommunications service fund
1. The Vietnam public-utility telecommunications service fund is a state off-budget financial fund managed by the Ministry of Information and Communications for implementation of the State’s policies on public-utility telecommunications activities.
2. The Vietnam public-utility telecommunications service fund shall operate according to the following principles:
a) It operates in a non-profit and transparent manner, for the intended purposes, in accordance with this Law and other regulations of relevant laws;
b) Its revenues, expenditures, accounting, settlement, financial and asset disclosure shall comply with regulations of law;
c) Revenue plans shall be balanced with expenditure tasks and disbursement progress for public-utility telecommunications activities;
d) The operations of the Vietnam public-utility telecommunications service fund shall be subject to inspection, supervision and audit by competent state agencies.
3. The Vietnam public-utility telecommunications service fund is used for the following purposes:
a) Assisting in the provision of public-utility telecommunications services to compensate for the costs of telecommunications enterprises which develop, upgrade and maintain telecommunications infrastructure in border areas, mountainous areas, highland regions, coastal sand dunes, coastal areas and islands, ethnic minority areas, extremely disadvantaged areas and areas where business is unpromising according to market mechanism; ensuring the combined protection of border areas on land and sovereignty over seas and islands;
b) Assisting in the use of public-utility telecommunications services;
c) Assisting in terminal devices;
d) Giving the funding for management of public-utility telecommunications activities assigned to the Vietnam public-utility telecommunications service fund;
dd) Covering operating expenses of the Vietnam public-utility telecommunications service fund.
4. The Vietnam public-utility telecommunications service fund is raised from the following sources:
a) Contributions in proportion to the revenue from telecommunications services of telecommunications enterprises;
b) Legal financial resources other than state budget.
5. The Prime Minister shall decide to establish and provide for organization, operations, funding sources, and use of funding for operations of the Vietnam public-utility telecommunications service fund.
Article 32. Management of public-utility telecommunications activities
1. Public-utility telecommunications activities shall be performed as follows:
a) Giving assistance to telecommunications enterprises to provide public-utility telecommunications services by commissioning, ordering or tendering for services;
b) Assisting beneficiaries in using public-utility telecommunications services via telecommunications enterprises by commissioning or ordering services or directly assisting telecommunications service users;
c) Giving assistance in terminal devices, whether in cash or in kind, to beneficiaries via telecommunications enterprises by commissioning or tendering for services or directly assisting such beneficiaries.
2. The Government shall elaborate Clause 1 of this Article and financial mechanism for performance of public-utility telecommunications activities, including maximum contribution levels, persons whose contributions to the Vietnam public-utility telecommunications service fund are exempted or reduced; management and use of the Vietnam public-utility telecommunications service fund for public-utility telecommunications activities; the period of assistance in provision and use of public-utility telecommunications services, ensuring the stability and continuity under public-utility telecommunications service programs.
3. The Prime Minister shall decide public-utility telecommunications service programs in accordance with the information and communications infrastructure planning and the socio-economic development in each period, including the list of public-utility telecommunications services, locations, regions, beneficiaries, methods of implementing public-utility telecommunications activities, contributions made by telecommunications enterprises to the Vietnam public-utility telecommunications service fund and solutions to implementation of such programs.
4. The Ministry of Information and Communications shall:
a) Preside over and cooperate with the Ministry of Finance, the Ministry of Planning and Investment, relevant ministries and central government authorities and provincial People’s Committees in formulating public-utility telecommunications service programs and submitting them to the Prime Minister for decision thereon;
b) Preside over and cooperate with the Ministry of Finance, Ministry of Planning and Investment and relevant authorities in providing guidance on the implementation of public telecommunications service programs;
c) Promulgate public-utility telecommunications service prices in accordance with Article 59 of this Law;
d) Organize, manage, and inspect the performance of public-utility telecommunications activities.
5. Provincial People’s Committees shall:
a) Cooperate with the Ministry of Information and Communications in proposing areas eligible for assistance in provision of public-utility telecommunications services, and a list of beneficiaries of use of public-utility telecommunications services and terminal devices in their provinces;
b) Organize the implementation of public-utility telecommunications service programs in accordance with the assigned tasks;
c) Cooperate in inspection of the performance of public-utility telecommunications activities in their provinces.
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