Chương VII Luật Viễn thông 2023: Quản lý tiêu chuẩn, quy chuẩn kỹ thuật, chất lượng và giá dịch vụ viễn thông

Chapter VII

MANAGEMENT OF TECHNICAL REGULATIONS, STANDARDS, QUALITY AND PRICES OF TELECOMMUNICATIONS SERVICES

Article 54. Technical standards and regulations on telecommunications

1. The system of telecommunications standards includes international standards, regional standards, foreign standards, national standards and institutional standards applicable to telecommunications devices, connection, works, network and service quality which are announced and applied in Vietnam under regulations of the law on technical standards, regulations, quality of products and goods.

2. The system of technical regulations on telecommunications includes national technical regulations on telecommunications devices, connection, works, network and service quality which are made and promulgated under regulations of the law on technical standards, regulations, quality of products and goods.

Article 55. Management of technical standards and regulations on telecommunications, quality of telecommunications networks and services

1. Before marketing or connecting terminal devices included in the list of potentially unsafe telecommunications devices to public telecommunications networks, organizations and individuals shall certify and declare conformity, and use conformity marks.

2. Before putting network devices included in the list of telecommunications devices subject to compulsory inspection into operation, telecommunications enterprises shall conduct the inspection.

3. Telecommunications enterprises shall announce, inspect and control quality of telecommunications networks and services included in the list of telecommunications networks and services subject to quality management.

4. Mutual recognition agreements with regard to conformity assessments in technical standards and regulations pertaining to telecommunications between Vietnam and other countries, territories shall conform to international treaties to which Vietnam is a signatory; between conformity assessing bodies of Vietnam and conformity assessing bodies of other countries, territories shall conform to respective agreements between the parties.

5. National standards of telecommunications shall be formulated, appraised and published in accordance with regulations of the law on technical standards and regulations.

6. The Ministry of Information and Communications shall:

a) Promulgate national technical regulations on telecommunications and regulations on assessment of conformity with technical regulations on telecommunications devices, networks and services;

b) Set out regulations on management of quality of telecommunications networks and services;

c) Issue the list of potentially unsafe telecommunications devices, the list of telecommunications devices subject to compulsory inspection and the list of telecommunications networks and services subject to quality management;

d) Designate and manage activities of conformity assessment bodies, thereby meeting requirements for state management of telecommunications products and goods, telecommunications networks and telecommunications services

7. The state regulatory authority in charge of telecommunications and telecommunications authorities under provincial People’s Committees shall inspect and check the quality of telecommunications devices, networks, services, telecommunications products and goods within their provinces in accordance with regulations of supervisory ministries.

Article 56. Prices of telecommunications services

1. Telecommunications service prices include telecommunications service prices applicable to telecommunications service users and service prices among telecommunications enterprises.

2. Telecommunications service prices applicable to telecommunications service users are those to be paid by telecommunications service users to telecommunications enterprises when they use telecommunications services provided by such enterprises.

3. Service prices among telecommunications enterprises include:

a) Wholesale service price, which means the price paid by one telecommunications enterprise that purchases telecommunications traffic or services or leases telecommunications network from another enterprise in order to provide telecommunications services.

b) Telecommunications connection service price, which means the price paid by one telecommunications enterprise that uses another enterprise’s network to connect telecommunications services.

Article 57. Principles of management and regulation of telecommunications service prices

1. Ensuring that the costs of production and commercial provision of telecommunications services are offset, and the solvency of telecommunications service users for services included in the List of goods and services which must be priced by the State.

2. Harmonizing the interests of the State, legitimate rights and interests of telecommunications enterprises and telecommunications service users.

3. Reviewing price components in order to adjust telecommunications service prices if necessary. The adjustment of telecommunications service prices must be consistent with the grounds specified in Article 58 of this Law.

4. Respecting rights of telecommunications enterprises to self-pricing of and competition in telecommunications service prices.

5. Complying with international treaties to which the Socialist Republic of Vietnam is a signatory.

6. Assuring a fair competitive environment for telecommunications activities.

7. Ensuring equality and non-discrimination in management and issuance of regulations on telecommunications service prices.

8. Not taking profits from the provision of one telecommunications service to support the provision of other telecommunications service(s) of the same enterprise.

Article 58. Grounds for pricing telecommunications services

Telecommunications service prices shall be determined on the following grounds:

1. Price components at the time of pricing;

2. Supply – demand relationship of telecommunications services.

Article 59. Management of telecommunications service prices

1. The Ministry of Information and Communications shall:

a) Direct and provide guidance on compliance with regulations on reporting, accounting and audit in service of management of telecommunications service prices;

b) Organize declaration and public announcement of telecommunications service prices in accordance with regulations of the law on prices;

c) Proactively cooperate with the Ministry of Industry and Trade to manage competition in the telecommunications sector in accordance with regulations of the law on competition; cooperate in managing promotion activities in provision of telecommunications services;

d) Control or terminate the application of telecommunications service prices when telecommunications enterprises impose, increase or decrease the telecommunications service prices in an unreasonable manner, thereby causing telecommunications market instability and harming the legitimate rights and interests of telecommunications service users, other telecommunications enterprises and the State.

2. The Minister of Information and Communications shall:

a) Set out regulations on management of telecommunications service prices;

b) Preside over and cooperate with the Ministry of Finance in promulgating regulations on telecommunications service pricing methods;

c) Decide prices of telecommunications services included in the list of goods and services which must be priced by the State;

3. A telecommunication enterprise has the following rights and obligations:

a) Decide on prices of its telecommunications services, except for telecommunications services included in the list of goods and services which must be priced by the State;

b) Submit a plan on prices of telecommunications services priced by the State to the Ministry of Information and Communications;

c) Adopt telecommunications service pricing methods and comply with regulations on management of telecommunications service prices in accordance with regulations of the Minister of Information and Communications;

dd) Perform cost accounting and determine the costs of production of telecommunications services according to regulations;

dd) Make reports on and conduct accounting and audit in service of management of telecommunications service prices;

e) Declare and publicly announce telecommunications service prices in accordance with regulations of the law on prices;

g) Be prohibited to impose, increase or decrease telecommunications service prices in an unreasonable manner, thereby causing market instability and harming legitimate rights and interests of telecommunications service users, other telecommunications enterprises and the State.

Article 60. Issuance of invoices and payment of telecommunications service charges

1. Telecommunications enterprises shall issue invoices for telecommunications service charges in an accurate, full and prompt manner to telecommunications service users that pay charges after using services. Telecommunications service users shall fully and promptly pay charges for telecommunications services provided by telecommunications enterprises according to these invoices.

2. Telecommunications enterprises shall accurately deduct the charges payable by telecommunications service users at the prices specified for prepaid telecommunications services.

3. An invoice for telecommunications service charges shall be issued in compliance with regulations of law and fully, accurately and clearly show the following details:

a) Unit price and charge payable for each type of telecommunications service;

b) Total amount payable;

c) VAT (if any).

4. Telecommunications enterprises shall be responsible for providing technical measures to assist users and competent state authorities in querying real-time information about the deduction of charges for using telecommunications services, with priority given to online measures. In case of issuance of monthly invoices for telecommunications services under contracts, each telecommunications enterprise shall be responsible for directly providing or hiring another organization to provide the details about telecommunications service charges free of charge and once at the request of each user.

Article 61. Management of repaid mobile telecommunications service cards and mobile SIM accounts

1. Prepaid mobile telecommunications service card means a card issued by a telecommunications enterprise to a user to deposit money into such telecommunications enterprise’s mobile SIM account.

2. Mobile SIM account means an account that reflects the value charged by a telecommunications service user using a prepaid mobile telecommunications service card or other lawful payment methods (excluding promotions). It is recorded in the billing system of the telecommunications enterprise and is associated with a mobile telecommunications subscriber.

3. Mobile SIM accounts are used to pay for mobile telecommunications services and information services on mobile telecommunications networks in accordance with the law.

4. The Government shall elaborate the management of prepaid mobile telecommunications service cards and mobile SIM accounts.

Article 62. Refund of telecommunications services charges and compensation for damage

1. Telecommunications enterprises providing telecommunications services in a manner that fails to adhere to regulations on time limit and quality under contracts with telecommunications service users shall refund part or whole of collected telecommunications service charges.

2. Telecommunications enterprises are not required to pay compensations for indirect damage or profits not earned as a result of the provision of telecommunications services beyond the said time limit or with low quality.

3. Regarding provision and use of telecommunications services, parties signing telecommunications service provision and use contracts shall pay compensations for direct material damage caused by their faults to other parties, except for force majeure.