Chương VIII Luật Viễn thông 2023: Công trình viễn thông

Chapter VIII

TELECOMMUNICATIONS WORKS

Article 63. Passive telecommunications technical infrastructure planning

1. Local passive telecommunications technical infrastructure planning means a technical and specialized planning that specifies the provincial planning and conforms to the information and communications infrastructure planning.

2. The planning for construction of urban areas, residential areas, functional areas, and industrial clusters specified in the Law on Construction and relevant law shall be consistent with the passive telecommunications technical infrastructure planning, thereby facilitating the establishment of telecommunications infrastructure, provision and use of telecommunications services.

3. The Government shall elaborate contents to be planned, preparation, appraisal, approval, publication, information disclosure, implementation, evaluation and adjustment of local passive telecommunications technical infrastructure planning.

Article 64. Land used for telecommunications works

1. According to national information and communications infrastructure planning, passive telecommunications technical infrastructure planning as well as land use plans and plannings approved by competent state authorities, competent People’s Committees grants shall allocate or lease land to build telecommunications works in their respective areas.

2. People’s Committees at all levels shall, within the ambit of their tasks and powers, preside over and cooperate with investors in telecommunications works in, ground clearance, payment of compensations for damage to land and asset, and protection of land areas for telecommunications work projects as specified in Clause 1 of this Article and other relevant laws.

Article 65. Design, construction, and installation of telecommunications works

1. The design, construction, and installation of telecommunications works shall be consistent with the passive telecommunications technical infrastructure planning and comply with technical regulations on construction and telecommunications and other relevant laws.

2. The system of infrastructural works including traffic works, utility poles, power lines, water supply and drainage pipes, public lighting and other technical infrastructure works shall be designed and constructed in conformity with relevant technical regulations to meet requirements for installation and protection of transmission lines and telecommunications works.

Passive telecommunications technical infrastructure is an essential component when the system of infrastructural works is designed in accordance with relevant technical regulations.

Owners of infrastructural work construction projects shall be responsible for sending information about their technical infrastructure construction projects to the state regulatory authority in charge of telecommunications or telecommunications authorities under provincial People’s Committees to notify telecommunications enterprises of registration of common use of their technical infrastructure.

3. Telecommunications works constructed and installed in workplaces, public service facilities, land and assets of the armed forces, and infrastructure assets used for national and public interests, as specified in the Law on Management and Use of Public Assets, shall adhere to the following principles:

a) Complying with Clause 1 of this Article;

b) Not affecting operations of authorities, organizations or units assigned to manage and use public assets or the utility of public assets where telecommunications facilities are installed;

c) Ensuring technical feasibility; protecting landscape beauty, environment, safety and security.

4. Telecommunications works shall be built and installed on a public asset under an agreement between the enterprise installing telecommunications works and the authority, organization, or unit assigned to manage and use such public asset provided that the principles specified in Clause 3 of this Article are applied. Proceeds from the agreements to install telecommunications works on public assets shall be managed and used in accordance with regulations of the law on management and use of public assets.

5. Enterprises installing telecommunications works shall be responsible for preserving and maintaining such telecommunications works.

6. Investors in construction of apartment buildings, public facilities, functional areas and industrial clusters specified in the law on housing and construction have the following obligations:

a) Make plans for designing and constructing passive telecommunications technical infrastructure in conformity with technical regulations, ensuring consistency and synchronism in investment in construction and convenience for establishment of telecommunications infrastructure and provision and use of telecommunications services.

b) Design and install, or organize design and installation of, telecommunications cable networks in apartment buildings and public facilities when constructing such apartment buildings and public facilities;

c) Arrange sites for installation of antenna masts on building roofs and mobile transceiver systems in apartment buildings and public facilities if technically feasible;

d) Allocate sites for construction of passive telecommunications technical infrastructure and installation of telecommunications devices in functional areas and industrial clusters.

7. The design, construction, management, and use of passive telecommunications technical infrastructure, telecommunications cable networks, mobile transceiver systems in apartment buildings, public facilities, functional areas, and industrial clusters shall enable at least 02 telecommunications enterprises to provide services to users.

8. Organizations that manage and operate apartment buildings, public facilities, functional areas, and industrial clusters shall be responsible for facilitating the construction, installation, use, renovation, and repair of passive telecommunications technical infrastructure, mobile transceiver systems, telecommunications cable networks in their respective apartment buildings, public buildings, functional areas, and industrial clusters.

9. Before constructing passive telecommunications technical infrastructure, organizations and individuals shall notify telecommunications authorities under provincial People’s Committees.

10. The Government shall elaborate this Article.

Article 66. Common use of system of infrastructural works

1. The common use of infrastructural works in terms of traffic, energy supply, public lighting, water supply, wastewater collection and treatment, telecommunications works and other infrastructural works shall ensure effectiveness and thrift, protect the landscape and environment, and conform to the urban planning and other relevant plannings decided or approved by competent authorities.

2. The common use of infrastructural work system shall comply with the Government’s regulations.

Article 67. Management of telecommunications works

1. The Ministry of Information and Communications shall:

a) Provide guidance on the common use of passive telecommunications technical infrastructure by telecommunications enterprises.

b) Preside over and cooperate with the Ministry of Finance and the Ministry of Construction in providing detailed regulations on mechanisms and principles of price control, methods of determining rents of cable networks in buildings and passive telecommunications technical infrastructure among telecommunications enterprises, organizations and individuals that own telecommunications works.

2. Provincial People’s Committees shall:

a) Approve, announce, provide guidance, monitor and inspect the implementation of passive telecommunications technical infrastructure planning;

b) Organize the common use of technical infrastructure among the sectors of telecommunications, electricity, transport, water supply and drainage and other sectors in their provinces.

3. Organizations and individuals shall comply with regulations on planning, designing, construction and common use of technical infrastructure in terms of traffic, construction, energy supply, public lighting, water supply and drainage and telecommunications technical infrastructure and infrastructural works.