Chương 7 Luật viễn thông năm 2009: Tài nguyên viễn thông

Chapter VII

TELECOMMUNICATION RESOURCE

Article 46. Management of the telecommunications resources

1. The management of the telecommunications resources covers planning on and distribution, allocation, registration, fixing and use of the telecommunications resources, transfer or withdrawal of the right to use the telecommunications resources, and return of the telecommunications resources.

2. The management of radio frequencies and satellite orbit in telecommunications activities shall comply with the Law on Radio Frequencies and this Law.

3. The management of the telecommunications resources shall adhere to the following principles:

a/ Being in line with the national telecommunications development strategy and plan:

b/ Optimizing the establishment of telecommunications networks and the provision of telecommunications services;

c/ Guaranteeing the fairness, publicity and transparency of the allocation and distribution of the telecommunications resources:

d/ Ensuring the efficient, economical and proper use of the telecommunications resources:

e/Guaranteeing legitimate rights and interests of organizations and individuals allocated the telecommunications resources and telecom­munications service users.

4. The Ministry of Information and Communications shall specify the management of telecommunications number storages and Internet resources.

Article 47. Planning of telecommunications number storages and Internet resources

1. The planning of telecommunications number storages and Internet resources shall adhere to the following principles:

a/ Being in line with the national telecom­munications development strategy and plan:

b/ Facilitating the application of advanced technologies to suit the trend of technology and service convergence:

c/ Optimizing the establishment of networks and the provision of telecommunications services:

d/ Ensuring the efficient, economical and proper use of telecommunications number storages and Internet resources:

e/ Being compliant with regulations on telecommunications number storages and Internet resources of international organizations of which the Socialist Republic of Vietnam is a member:

f/Guaranteeing legitimate rights and interests of organizations and individuals using telecommunications number storages and Internet resources.

2. The Ministry of Information and Communications shall promulgate the planning on telecommunications number storages and Internet resources.

Article 48. Distribution, use and return of telecommunications number storages and Internet resources

1. The distribution, fixing, allocation, registration (below collectively referred to as distribution) and use of telecommunications number storages and Internet resources shall adhere to the following principles

a/ Being in line with the planning on telecommunications number storages and Internet resources;

b/ Ensuring the fairness, publicity and transparency of the distribution of telecom­munications number storages and Internet resources;

c/ Ensuring the efficient, economic and proper use of the distributed telecommunications number storages and Internet resources:

d/ Prioritizing the distribution of telecom­munications number storages and Internet resources to organizations capable of providing fast telecommunications services in reality: providing telecommunications services to deep-lying, remote and border areas, islands and areas with exceptionally difficult socio-economic conditions: or serving public-utility telecom­munications activities;

e/ Prioritizing the distribution of telecom­munications number storages and Internet resources to organizations capable of applying new and advanced technologies and satisfying requirements of the technology and service convergence.

2. The distribution of telecommunications number storages and Internet resources may be conducted by any of the following modes:

a/ Auction of the right to use or selection through examination of subjects, which have use needs exceeding distributed telecommunications number storages and Internet resources, eligible for use of telecommunications number storages and Internet resources of high commercial value;

b/ Direct distribution under the planning on the principle that organizations and individuals that have registered first will be considered for distribution first or obtain the use right first, except for the case specified at Point a of this Clause;

c/ Other modes of distribution specified by law.

3. Organizations and individuals distributed telecommunications number storages and Internet resources shall:

a/ Use. lease or sub-allocate telecommuni­cations number storages and Internet resources distributed to them for proper purposes, within the prescribed scope and to right subjects under distribution decisions and regulations on management of telecommunications number storages and regulations on management and use of the Internet resources;

b/ Report to the Ministry of Information and Communications, on a periodical basis or at the latter's request, on plans on use and actual use of telecommunications number storages and Internet resources distributed to them;

c/ Pay the auction charge in case of distribution of telecommunications number storages and Internet resources through auction:

d/ Pay the charge for use and the fee for distribution of telecommunications number storages and Internet resources.

4. Organizations and individuals that no longer need to use telecommunications number storages and Internet resources shall return them to the agency managing telecommunications number storages and Internet resources.

5. The Prime Minister shall specify the distribution of telecommunications number storages and Internet resources through auction or transfer: and the responsibility to pay compen­sations upon recovery of telecommunications number storages and Internet resources.

6. The Ministry of Information and Communications shall specify the selection through examination or auction of telecom­munications number storages and Internet resources and the list of telecommunications number storages and Internet resources subject to auction in each period.

7. The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Information and Communications in. specifying rates, collection, remittance, management and use of the charge for use and the fee for distribution of telecommunications number storages and Internet resources.

Article 49. Transfer of telecommunications number storages and Internet resources

1. Telecommunications number storages and Internet resources allowed to be transferred include:

a/ Telecommunications number storages and Internet resources distributed by the Ministry of Information and Communications to organizations and individuals through auction:

b/ Internet domain names, except for Vietnam's national domain names ".vn" for agencies of the Party and the Slate and other organizations under regulations of the Ministry of Information and Communications.

2. Telecommunications number storages and Internet resources may be transferred under the following conditions:

a/Organizations and individuals that transfer the right to use telecommunications number storages and Internet resources must have such lawful right:

b/ Organizations and individuals that are transferred the right to use telecommunications number storages and Internet resources must be licensed for operation or qualified for investment in. exploitation and use of these telecommuni­cations number storages and Internet resources;

c/ Transferors and transferees of the right to use telecommunications number storages and Internet resources are obliged to pay tax on telecommunications number storage and Internet resource use right transfer:

d/ Transferors and transferees of the right to use telecommunications number storages and Internet resources shall guarantee legitimate rights and interests of involved organizations and individuals;

e/ Transfer of the right to use telecommuni­cations number storages and Internet resources already distributed by the Ministry of Information and Communications to organizations and individuals through auction must be approved by the Ministry of Information and Communi­cations.

Article 50. Recovery of telecommunications number storages and Internet resources

1. Recovery of telecommunications number storages and Internet resources means that a competent state agency decides to recover the right, which is still valid, to use telecommuni­cations number storages and Internet resources already distributed to organizations and individuals.

2. Telecommunications number storages and Internet resources shall be recovered in the following cases:

a/ They are recovered for use for national or public interests, socio-economic development and defense and security maintenance:

b/ Use purposes and subjects eligible for use of telecommunications number storages and Internet resources are no longer in line with the current planning on telecommunications number storages and Internet resources:

c/ Organizations and individuals that have been distributed telecommunications number storages and Internet resources fail to pay the fee for distribution or the charge for use of telecommunications number storages and Internet resources.

3. Organizations and individuals that have telecommunications number storages and Internet resources recovered under Clause 2 of this Article shall terminate the use of telecommunications number storages and Internet resources under recovery decisions.

4. The State shall pay compensations to organizations and individuals that have telecommunications number storages and Internet resources recovered under Points a and b. Clause 2 of this Article.