Chương 2 Nghị định 25/2011/NĐ-CP: Kinh doanh dịch vụ viễn thông

Chapter 2.

TELECOMMUNICATION SERVICES TRADING

Article 3. Ownership in the trading of telecommunication services

1. An organization or individual owning more than 20% of charter capital or shares in a telecommunication enterprises shall not be allowed to possess more than 20% of charter capital or shares of other telecommunication enterprises doing the business in the same market belonging to the List of telecommunication services promulgated by the Ministry of Information and Communications.

2. Telecommunication enterprises that provide telecommunication services on the List specified in Clause 1 of this Article shall report to the specialized management agencies on telecommunications in accordance with the Ministry of Information and Communication upon changes in the list of organizations or individuals owning more than 20% of charter capital or shares of the enterprise.

Article 4. Forms, conditions and ratios of contributed capital of foreign investors

1. Foreign investors are allowed to invest and trade telecommunication services in the form of direct investment, indirect investment in accordance with the Telecommunication Law and the law on investment.

2. In case of direct investment to provide telecommunication services without network infrastructure, foreign investors are allowed to jointly venture or cooperate the business on the basis of contracts with enterprises established in Vietnam. Where the investment is to provide telecommunication services with network infrastructure, foreign investors are allowed to jointly venture or cooperate the trading on the basis of contracts with telecommunication enterprises have been licensed to establish a telecommunication network in Vietnam.

3. In addition to the conditions prescribed by laws on investment, foreign investment projects in the field of telecommunication services trading must satisfy the following conditions:

a) In accordance with the planning of the national telecommunication development, the planning of telecommunications resource and the planning of passive telecommunication technical infrastructure in the area of investment;

b) To meet the conditions for legal capital and committed amount for investment specified in Articles 19, 20 and 21 of this Decree.

4. The proportion of contributed capital by foreign parties must be consistent with the provisions of the laws of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member.

Article 5. Registration, verification of foreign investment projects in the telecommunication services trading

1. For foreign investment projects on trading telecommunication services without network infrastructure with the size of investment of less than 300 billion VND, the investor shall perform procedures for investment registration in the provincial state agency managing the investments for an investment certificate.

2. For foreign investment projects on trading telecommunication services without network infrastructure with the size of investment capital of VND 300 billion or more, the investor shall carry out the procedures for investment evaluation at the provincial state agencies managing the investments to be granted an investment certificate.

3. For foreign investment projects on trading telecommunication services with network infrastructure, the investor shall implement procedures for evaluation and approval of investment policy at the provincial state agency managing investment to be granted an investment certificate. Competence to approve the investment policy complies with the law on investment.

4. Apart from the examination in accordance with laws on investment, for foreign investment projects in the telecommunication services trading, further verification of the contents specified in Clause 3 of Article 4 of this Decree are required.

5. Dossiers of investment projects, processes and procedures for registration and verification the investment and grant of investment certificates shall comply with laws on investment.

Article 6. Handling cases of competition in the telecommunication services trading

1. Competence and procedures for handling cases related to acts in restraint of competition, unfair competition in telecommunication services trading shall be as follows:

a) The management agencies specialized in telecommunications is obliged to dealing with competitive cases of setting up telecommunication networks, providing telecommunication services stipulated in Clauses 1 and 2 of Article 19 of the Telecommunications Law.

b) Within 30 working days after receipt of competitive cases, the management agencies, which are specialized in telecommunications, take responsibility for making a decision to address competitive cases. The related parties are obliged to implement the decision of addressing competitive cases, including cases where they disagree to the decision of handling the competitive case by the management agency specialized in telecommunication and have the right to complain and take lawsuits under the provisions of law;

c) For complex competitive cases or cases involved in the function of numerous agencies, the specialized management agencies on telecommunications collect opinions in writing from those agencies before making the decision on the handling of competitive cases. Within 10 working days after receiving the specialized management agencies on telecommunications, the consulted agencies are obliged to respond in writing.

2. Competence and procedures for handling the economic concentration in the telecommunication services trading shall be as follows:

a) For the economic concentration have a combined market share from 30% to 50% of a telecommunication services market, enterprises participating in economic concentration shall notify the management agency specialized in telecommunication and competition-management agencies before conducting before performing economic concentration. For the economic concentration have a combined market share over 50% of the market of telecommunication services, the Minister of Industry and Trade shall make a decision on approval of exemption after receiving a written approval of exemption by the Minister of Information and Communications;

b) Within 10 working days after receiving complete dossiers of application for exemption specified in Clause 1 of Article 29 of the Competition Law, the Ministry of Industry and Trade send the dossier to the Ministry of Information and Communications to get opinions. Within 20 working days from the date of receipt of application for exemption, the Ministry of Information and Communications subject to obligation of responding in writing to the Ministry of Industry and Trade.

Article 7. Dispute resolution in telecommunication services trading

1. Disputes in the telecom services business is a dispute between the telecommunication enterprises arising directly in the course of setting up telecom networks, providing telecommunication services, including:

a) Disputes over the telecommunications connection;

b) Disputes over the sharing of telecommunication technical infrastructure;

c) Disputes over payment rates between telecommunication enterprises;

d) Other disputes as defined by the Ministry of Information and Communications.

2. The order and procedures for dispute settlement are as follows:

a) Within 30 working days after receipt of the request for dispute settlement, the management agencies, which are specialized in telecommunications, are obliged to organize consultations between the parties. The disputing parties are obliged to provide sufficiently relevant information and evidence, and are obliged to participate in consultations. Consultation results must be made in writing;

b) Within 15 working days from the end of the negotiations, the specialized management agencies on the telecommunication release a dispute settlement decision. The disputing parties are obliged to implement immediately the dispute settlement decision, even in the case where they disagree to the dispute settlement decision of the specialized management agencies on telecommunications and are entitled to lodge a complaint or lawsuit by prescribed by laws.