Chương 4: Thiết lập mạng và cung cấp dịch vụ viễn thông

Chapter IV

ESTABLISHMENT OF TELECOMMUNICATIONS NETWORKS AND PROVISION OF TELECOMMUNICATIONS SERVICES

Article 23. Subscriber terminal equipment and intranets

1. The installation and connection of subscriber terminal equipment and intranets to the public telecommunications network shall comply with regulations on management of telecommunications resources and standards and technical regulations.

2. The logging of subscriber terminal equipment and intranets onto the public telecommunications network shall be conducted by telecommunications businesses under telecommunications service use contracts.

Article 24. Establishment of telecommuni­cations networks

1. Telecommunications networks shall be built and developed under telecommunications strategies, planning, standards and technical regulations approved or promulgated by competent slate agencies.

2. Organizations establishing telecommunica­tions networks shall obtain licenses for establishment of telecommunications networks under this Law.

3. The Prime Minister shall specify the establishment and operation of exclusive-use telecommunications networks in service of the Party's and the State's agencies.

4. The Ministry of National Defense and the Ministry of Public Security shall prescribe the establishment and operation of exclusive-use telecommunications networks in service of national defense and security.

5. Except for the cases specified in Clauses 3 and 4 of this Article, the Ministry of Information and Communications shall specify the establishment of the public telecommunications network and the following exclusive-use telecommunications networks:

a/ Exclusive-use telecommunications networks with wired transmission lines built by organizations;

b/ Exclusive-use telecommunications networks of which members are Vietnamese or foreign organizations and individuals operating in Vietnam for the same purpose, with the identical operation characteristics and interrelated through their organization and operation charters or otherwise;

c/ Wireless telecommunications networks for exclusive use by foreign diplomatic missions or consular offices. Vietnam-based representative offices of international organizations which enjoy the diplomatic privileges and immunities or consular immunities.

d/ Other exclusive-use telecommunications networks.

Article 25. Provision of telecommunications services

1. Institutional providers of telecommunica­tions services must have licenses for provision of telecommunications services, except the cases specified in Clauses 2 and 3. Article 40 of this Law.

2. The provision of telecommunications application services shall comply with he provisions of this Law on connection and management of telecommunications resources.

standards and technical regulations and other relevant laws.

3. Telecommunications services shall be directly provided or resold under telecommuni­cations service use contracts between telecom­munications businesses or telecommunications service agents and telecommunications service users.

4. Telecommunications businesses shall register mode! telecommunications service use contracts.

5. The provision of telecommunications services across the border to telecommunications service users in the Vietnamese territory shall comply with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

6. Vietnamese telecommunications businesses shall provide offshore telecommunications services under Vietnamese laws, treaties to which the Socialist Republic of Vietnam is a contracting party and laws of countries to which services are provided.

7. The Ministry of Information and Communications shall specify the provision of telecommunications services.

Article 26. Refusal to provide telecommuni­cations services

Telecommunications businesses may not refuse to enter into contracts or unilaterally terminate contracts with telecommunications service users, except the following cases:

Telecommunications service users breach contracts already entered into:

2. Telecommunications service users breach the obligation to pay service charges and to whom telecommunications businesses have agreed to refuse providing services;

3. The provision of telecommunications services is certified in writing by the specialized management agency in charge of telecommunications as econo-technically infeasible;

4. There are written requests of competent state agencies under law.

Article 27. Termination of commercial provision of telecommunications services

1. Upon terminating the commercial provision of some or all licensed telecommuni­cations services, telecommunications businesses shall notify such in writing to the specialized management agency in charge of telecom­munications and concurrently take measures to assure legitimate rights and interests of telecom­munications service users and involved parties.

2. Telecommunications businesses that possess essential equipment, telecommunications businesses or groups of telecommunications businesses that dominate the market, and public-utility telecommunications service providers may terminate the provision of some or all telecommunications services after obtaining a written approval of the Ministry of Information and Communications.

3. The Government shall specify conditions and procedures for termination of some or all telecommunications service providing activities.

Article 28. Professional communication

1. Telecommunications businesses may use free of charge domestic and international communication via telecommunications networks they operate for their management, administration and technical and professional handling.

2. Telecommunications businesses shall specify subjects eligible for. scope and level of use. and promulgate regulations on management of internal professional communication.

Article 29. Emergency telecommunications services

1. Emergency telecommunications service means a service of calling to emergency contact numbers of police, fire department or ambulance.

2. The Ministry of Information and Communications shall prescribe emergency contact numbers in the planning on national telecommunications number storages; and guide the provision of emergency telecommunications services.

3. Telecommunications businesses shall:

a/ Notify telecommunications service users of emergency contact numbers and publish them in public telephone directories;

b/ Secure the accessibility of emergency contact numbers for telecommunications service users:

c/ Exempt users of local fixed telephone services from charge for calling to emergency contact numbers.

Article 30. Service of assistance for search for fixed telephone subscriber numbers

1. Public telephone directory means a collection of information on names, addresses, subscriber numbers and other relevant information on fixed telephone subscribers and stored in the form of printed or electronic publications or cached in the computer network distributed or managed by telecommunications businesses.

2. Fixed telephone subscribers may register or refuse to register their subscriber information in public telephone directories.

3. The service of assistance for search for fixed telephone subscriber numbers means a service assisting telecommunication service users in searching fixed telephone subscriber numbers with public telephone directories.

4. Telecommunications businesses shall provide free of charge to users of fixed telephone services at least one type of public telephone directory specified in Clause l of this Article.

5. The Ministry of Information and Communications shall specify the provision of the service of assistance for search for fixed telephone subscriber numbers.

Article 31. Service of reporting on breakdown of fixed telephone subscriber numbers

Service of reporting on breakdown of fixed telephone subscriber numbers means a local fixed telephone service for notifying abnormal operation or disconnection of fixed telephone subscriber numbers managed by telecommuni­cations businesses and requesting the problem to be addressed.

2. Telecommunications businesses shall assure the accessibility of the service of reporting on breakdown of fixed telephone subscriber numbers for and exempt telecommunications service users from the charge for this service.

Article 32. Billing of invoices on and payment of telecommunications service charges

1. Telecommunications businesses shall bill invoices on payment of service charges in an accurate, full and timely manner for telecommunications service users that pay charges after using services. Telecommunications service users shall pay fully and on time charges for telecommunications services provided by telecommunications businesses according to these invoices.

2. Telecommunications businesses shall accurately withhold charge amounts payable by telecommunications service users at charge rates prescribed for prepaid telecommunications services.

3. An invoice on payment of telecommunications service charge must fully, accurately and clearly show the following details:

a/ Charge rate and money amount payable for each type of telecommunications service:

b/Total payable amount;

c/ Value-added tax.

4. In case of billing invoices on monthly payment of telecommunications service charges under contracts, unless otherwise agreed between telecommunications businesses and telecommunications subscribers, the former shall provide or hire other organizations to provide the latter with a detailed list of one-time charge exemption accompanied with invoices for telecommunications services on the list of services promulgated by the Ministry of Information and Communications.

Article 33. Refund of charges and payment of compensations for damage

1. Telecommunications businesses that provide services not within the time limit and of quality indicated in contracts with telecommuni­cations service users shall refund part or whole of collected charges.

2. Telecommunications businesses are not required to pay compensations for indirect damage or profits not earned due to the provision of telecommunications services beyond the said time limit or of inferior quality.

3. In the provision and use of telecom­munications services, parties to telecommuni­cations service use contracts shall pay compensations for direct material damage caused by their fault to other parties.

4. Parties to telecommunications service use contracts are exempt from the liability to pay compensations for damage in force majeure circumstances.