Chương 9 Luật viễn thông năm 2009: Công trình viễn thông

Chapter IX

TELECOMMUNICATIONS WORKS

Article 57. Planning of telecommunications works

1. Public telecommunications works are given priority in using spaces, ground surface, underground spaces, river bed and sea bed. Public telecommunications service provision spots may be located first of all at railway stations, car terminals, seaports, airports, border gates and other public places to satisfy needs of telecommunications service users.

2. Planning on construction of traffic works, urban centers, residential areas, industrial parks, economic zones and hi-tech parks must cover planning on inactive telecommunications technical infrastructure in order to ensure the uniformity and synchronism in construction investment and convenience for establishment of telecommunications infrastructure and provision and use of telecommunications services.

3.Local planning on inactive telecommuni­cations technical infrastructure must be in line with the national telecommunications development plan and local socio-economic development plans and constitute a mandatory content of regional construction planning, urban construction planning and rural residential area construction planning under the Law on Construction and the Law on Urban Planning.

Article 58. Land used for telecommunications works

1. Based on the planning on inactive telecommunications technical infrastructure and land use planning and plans already approved by competent state agencies. People's Committees at competent levels shall assign land for construction of telecommunications works important for national security or for use as public-utility telecommunications service provision spots in their localities.

2. When formulating investment projects on construction of telecommunications works important for national security or for use as public-utility telecommunications service provision spots, investors shall clearly identify land areas needed, plans on payment of compensations for ground clearance and project implementation after their projects are approved and assigned land by competent state agencies.

3. People's Committees at all levels shall, within the ambit of their tasks and powers, assume the prime responsibility for. and coordinate with investors of projects on telecommunications works in. working out and implementing plans on ground clearance, payment of compensations for land and asset damage and protection of land areas for their projects as specified in Clause 1 of this Article.

Article 59. Designing and construction of telecommunications works

1. Traffic works, electricity poles and transmission lines, water supply and drainage pipelines and other technical infrastructure works must be designed and constructed to ensure the installation and protection of telecommunications transmission lines and works.

2. The construction of telecommunications works must be in line with the planning on inactive telecommunications technical infrastructure and compliant with this Law and other relevant laws. Inactive telecommunications technical infrastructure constitutes a mandatory content of basic designs of systems of traffic, energy supply, public lighting, water supply and drainage technical infrastructure works and other technical infrastructure works.

3. Organizations and individuals that construct telecommunications technical infrastructure in association with investment in and installation of telecommunications equipment and cable lines shall notify such to local telecommunications management agencies.

Article 60. Common use of technical infrastructure

1. The common use of traffic, energy supply, public lighting, water supply and drainage, telecommunications technical infrastructure and other technical infrastructure works must ensure effectiveness and thrift, protect the landscape and environment, and be in line with the urban planning and socio-economic development planning.

2. The Government shall specify the common use of traffic, energy supply, public lighting, water supply and drainage, telecommunications technical infrastructure and other technical infrastructure works.

Article 61. Management of telecommuni­cations works

1. The Ministry of Information and Communications shall:

a/ Assume the prime responsibility for. and coordinate with the Ministry of Construction, the Ministry of Transport and the Ministry of Industry and Trade in. guiding the elaboration of plannings on. designing and construction of. inactive telecommunications technical infrastructure combined with traffic, energy supply, public lighting, water supply and drainage technical infrastructure works and other technical infrastructure works as specified in Articles 57 and 60 of this Law;

b/ Guide provincial-level People's Committees in elaborating local plannings on inactive telecommunications technical infrastructure.

c/ Promulgate regulations on common use of inactive telecommunications technical infrastructure by telecommunications businesses.

2. Provincial-level People's Committees shall:

a/ Approve local plannings on inactive telecommunications technical infrastructure under regulations of the Ministry of Information and Communications; publicize, guide, monitor and inspect the implementation of these plannings;

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

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