Chương 8 Luật viễn thông năm 2009: Quản lý tiêu chuẩn, quy chuẩn kỹ thuật, chất lượng và giá cước viễn thông

Chapter VIII

MANAGEMENT OF TELECOMMUNICATIONS STANDARDS. TECHNICAL REGULATIONS. QUALITY AND CHARGE RATES

Article 51. Telecommunications standards and technical regulations

1. The system of telecommunications standards include international standards, national standards and institutional standards on telecommunications equipment, connection, works, network and service quality which are announced and applied in Vietnam under the law on standards, technical regulations and quality of products and goods.

2. The system of telecommunications technical regulations include national technical regulations on telecommunications equipment, connection, works, network and service quality which are elaborated and promulgated in Vietnam under the law on standards, technical regulations and quality of products and goods.

Article 52. Management of telecommuni­cations standards and technical regulations, telecommunications network and service quality

1. Before marketing or connecting terminal equipment on the list of telecommunications equipment likely to become unsafe to public telecommunications networks, organizations and individuals shall obtain standard conformity certification, announce standard conformity and use standard conformity seals.

2. Before putting into operation network equipment and devices of measurement for charge calculation on the list of telecommunications equipment subject to compulsory inspection, telecommunications businesses shall conduct the inspection.

3. Telecommunications businesses shall announce, inspect and control the quality of telecommunications networks and services on the list of telecommunications networks and services subject to quality management.

4. The mutual recognition of results of the assessment of telecommunications standards and technical regulation conformity between Vietnam and other countries or territories shall comply with treaties to which the Socialist Republic of Vietnam is a contracting party: or between the Vietnamese conformity assessment organization and conformity assessment organizations of other countries or territories shall comply with their agreements.

5. The Ministry of Science and Technology shall evaluate and publicize national standards on telecommunications after reaching agreement with the Ministry of Information and Communications.

6. The Ministry of Information and Communications shall:

a/ Promulgate national technical regulations and regulations on assessment of conformity with technical regulations on telecommunications equipment, telecommunications network and service quality:

b/ Manage the quality of telecommunications network and service quality;

c/ Promulgate the list of telecommunications equipment likely to become unsafe, the list of telecommunications equipment subject to compulsory inspection and the list of telecommunications networks and services subject to quality management;

d/ Manage operations of organizations assessing the telecommunications standard and technical regulation conformity to meet require­ments of the management of telecommunications equipment, network and service quality.

Article 53. Telecommunications service charge rates

1. Telecommunications service charge rates include charge rates applicable to telecommuni­cations service users and charge rates applied among telecommunications businesses.

2. Charge rates applicable to telecommuni­cations service users are those at which telecommunications service users pay charges to telecommunications businesses when using telecommunications services provided by the latter.

3. Charge rates applied among telecommuni­cations businesses are those at which telecommunications businesses pay charges to one another when a telecommunications business buys another's services or uses another's network for endpoint use or transition of telecommuni­cations services. In case a telecommunications business uses another's network for endpoint use of telecommunications services, the charge rate for payment between these telecommunications businesses is referred to as the telecommuni­cations connection charge rate.

Article 54. Principles for determination of telecommunications charge rates

1. Respect for the right of telecommunications businesses to self-determination of and the competition in charge rates.

2. Assurance of harmony between legitimate rights and interests of telecommunications service users, telecommunications businesses and the State.

3. Assurance of an environment for fair competition and performance of public-utility telecommunications activities.

4. Equality and non-discrimination in management and stipulation of telecommuni­cations charge rates, except in case of necessity to encourage new businesses to participate in the market.

Article 55. Grounds for determination of telecommunications charge rates

Telecommunications charge rates shall be determined on the following grounds:

1. Telecommunications development policies and objectives in each period: the law on prices and treaties to which the Socialist Republic of Vietnam is a contracting party;

2. Costs of telecommunications services, market demand and supply and telecommunica­tions charge rates applied in regional countries and the world;

3. Non-clearance between telecommunica­tions services.

Article 56. Management of telecommunica­tions charge rates

1. The Ministry of Information and Communications shall:

a/ Prescribe the management of telecommuni­cations charge rates; decide on telecommuni­cations charge rates under the State's regulations:

b/ Assume the prime responsibility for. and coordinate with the Ministry of Industry and Trade in. prescribing sales promotion activities in the provision of telecommunications services;

c/ Assume the prime responsibility for. and coordinate with the Ministry of Finance in. providing for telecommunications charge exemption or reduction for public-utility telecommunications activities;

d/ Direct and guide the implementation of regulations on reporting, accounting and audit in service of management of telecommunications charge rates;

e/ Provide for methods of determination of telecommunications service costs:

f/ Control or terminate the application of telecommunications charge rates when telecommunications businesses impose too high or apply too low telecommunications charge rates, causing telecommunications market instability and harming the legitimate rights and interests of telecommunications service users, other telecommunications businesses and the State.

2. Telecommunications businesses shall:

a/ Decide on charge rates for telecommuni­cations services they provide, except services on the list of state-prescribed telecommunications charge rates:

b/ Submit to the Ministry of Information and Communications plans on state-prescribed telecommunications service charge rates:

c/ Account expenses and determine costs of telecommunications services, and public notification and posting of telecommunications service charge rates;

d/ Make reports on and conduct accounting and audit in service of management of telecommunications charge rates:

el Refrain from imposing too high or applying too low telecommunications charge rates, causing market instability and harming legitimate rights and interests of telecommunications service users, other telecommunications businesses and the State.