Chương 3 Nghị định 25/2011/NĐ-CP: Thiết lập mạng và cung cấp dịch vụ viễn thông

Chapter 3.

ESTABLISHMENT OF NETWORKS AND PROVISION OF TELECOMMUNICATIONS SERVICE

Article 8. Classification of telecommunication network

Telecommunication networks include:

1. Fixed ground telecommunication networks.

2. Satellite fixed telecommunication network.

3. Mobile ground telecommunication network.

4. Satellite mobile telecommunication networks.

5. Telecommunication networks being defined by the Ministry of Information and Communications.

Article 9. Classification of telecommunication services

1. Basic telecommunication services include:

a) Telephone service;

b) Fax service;

c) Data transmission service;

d) Photo transmission service;

e) Message Service;

f) Video conference services;

g) leased line services;

h) Internet connection service;

i) Other basic telecommunication services as stipulated by the Ministry of Information and Communications.

2. Other value added telecommunication services include:

a) Electronic mail services;

b) Voice Mail Service;

c) Added value fax services;

d) Internet access service;

e) Added value telecommunication services as prescribed by the Ministry of Information and Communications.

3. Based on technological characteristics, mode of transmission, communication range, form of payment rates, telecommunication services stipulated in Clauses 1, 2 of this Article can be split in detail or combined with each other to form specific types of services associated to the aforementioned factors.

4. Based on the taxonomy of services specified in Clauses 1, 2, 3 of this Article, the situation of market development and the policy for management of telecommunications for each period, the Ministry of Information and Communications issued a List of basic telecommunication services and value added telecommunication services.

Article 10. Trading specialized telecommunication goods and wireless electric equipments

1. A specialized telecommunication good is commodity associated with the provision of telecommunication services defined by telecommunication enterprises, including:

a) Devices that are attached by telecommunication subscriber number;

b) Payment card for telecommunication services;

c) Other specialized telecommunication goods as defined by the Ministry of Information and Communications.

2. Organizations or individuals perform sales promotion with respect to specialized telecommunication goods must observe provisions of this Decree and laws on trade.

3. Organizations or enterprises that produce wireless electric equipments for use in Vietnam must register and comply with the conditions prescribed by the Ministry of Information and Communications.

4. Wireless electric equipments being imported or temporarily imported for re-export shall be subject to the permission of the Ministry of Information and Communications.

5. Organizations or individuals trading of wireless electric equipments must perform quality control of telecommunications in accordance with Clause 1 of Article 35 of this Decree.

Article 11. Providing telecommunication services

1. Providing telecommunication services is the use of equipment, establishing a system of telecommunication equipment in Vietnam to perform one, some or all stages of the process of initiation, relay, routing, information connection for user of telecommunication services by concluding a contracts with the users of telecommunication services, telecommunication services agents, telecommunication enterprises for profit purposes.

2. The provision of telecommunication services across the border to users of telecommunication services in the territory of Vietnam must conduct through a trade agreement with a Vietnam's telecommunication enterprise that has already been licensed to provide telecommunication services, including the type of international telecommunication services.

3. Based on international practice, the regulations on aviation safety, marine safety, and requirements of national defense and security, the Ministry of Information and Communication shall specify and guide the provision and the use of cross-border telecommunication services for ships, boats, planes on the airspace and territorial waters of Vietnam and other special cases.

Article 12. Resale of telecommunication services

1. Before the resale of fixed telecommunication services to users in a location that have specified address and ranges for which the legal usage right is transfer, organizations or individuals are obliged to register their business and sign the contract for telecommunication agency with telecommunication enterprises.

2. Before the resale of fixed telecom services in two locations or more with the addresses, or area being specified to transfer the lawful usage, before reselling mobile telecommunication services, enterprises are required to possess a license of providing telecommunication services.

3. Ministry of Information and Communication shall specify the resale of telecommunication services.

Article. 13 Contract of use of telecommunication services

1. The provision and use of telecommunication services are conducted on the basis of contracts concluded between communication enterprises with users of telecommunication services.

2. Contracts for use of telecommunication services are concluded verbally, in writing or by specific acts.

3. For some telecommunication services in the List of telecommunication services that require form-based contract issued by the Ministry of Information and Communications, telecommunication enterprises shall be obliged to draft a contract template for use of telecommunication services and register the same with the management agencies specialized in telecommunications for the uniform implementation throughout the enterprise after it is approved.

4. Ministry of Information and Communications shall issue a List of telecommunication services requiring contract template, specify the procedures for registration of contract template for use of telecommunication services.

Article 14. Providing public-utility telecommunication services

1. Principles for providing public-utility telecommunication services

a) Developing telecommunication technical infrastructure, widely providing telecommunication throughout the nation, in which priority is for remote areas, border and island areas, and particularly difficult areas where telecommunication enterprises can not afford an effective business under market mechanisms;

b) Ensuring the right to equal and reasonable access for all people, and from time to time, the State shall set forth preferential policy to provide or support terminals and public-utility telecommunication services to poor households, near-poor households, families under preferential treatment policy and subjects under other special policy;

c) Supporting the development of telecommunication technical infrastructure, terminals and providing public-utility telecommunication services is done by enterprises that provide public-utility telecommunication services, terminal-producing enterprises or directly to users of telecommunication services.

2. Vietnam Public-Utility Telecommunication Service Fund is a State financial organization under the Ministry of Information and Communications, which operates upon not-for-profit basis to support the implementation of policies of the State over the public-utility telecommunications throughout the country.

The Ministry of Information and Communication shall lead and coordinate with related ministries or sectors compose regulations on functions, responsibilities, organizational structure and operation of Vietnam Public-Utility Telecommunication Service Fund and submit the same to the Primer Minister for a relevant decision.

3. Contribution level to Vietnam Public-Utility Telecommunication Service Fund for telecommunication services must use a maximal detraction from revenue not exceeding 5% of those sales of telecommunication services. Contributions to the Vietnam Public-Utility Telecommunication Service Fund are accounted and included in business expenses of the enterprises.

Depending on each period, the Prime Minister shall specify the list of telecom services requiring detraction from revenue to pay to Vietnam Public-Utility Telecommunication Service Fund and the contribution rate for each service in the List.

Article 15. Registration, storage and use of subscriber information

1. When contracting, telecommunication subscriber is obliged to providing telecommunication enterprises with following information:

a) For the subscriber as an individual: full name, date of birth, number, date and place of issuance of identity cards for the Vietnam citizens or passport for foreign citizens;

b) For the subscriber as an organization: organization name, operating address, number and date of the decision of establishing, number and date of the license for operation or number and date of certificate of registration of business of the organization; the full name, date of birth, number, date and place of issuance of ID card or passport of the person act as a reprehensive whose name in the contract for use of telecommunication services.

2. Registration of subscriber information

The registration of subscriber information are done at the provision point of the public-utility telecommunication services where there is an agent of telecommunication enterprises or at an agency authorized by telecommunication enterprises by signing a contract to receive registration of subscriber information (hereinafter referred to as the point of registration of subscriber information.). A point of registration of subscriber information must meet the following conditions:

a) Its location for transaction is specific;

b) Having enough equipment to store and transfer the subscriber information in accordance with the Ministry of Information and Communications;

c) Having transactors who have been trained by telecommunication enterprises over the processes and procedures for registration of subscriber information;

d) Other conditions as prescribed by the Ministry of Information and Communications.

3. Storing subscriber information

a) The owner of the subscriber information-registration point is obliged to store the registered subscriber information in accordance with the Ministry of Information and Communications and to provide competent state agencies upon request;

b) Telecommunication enterprises shall take responsibility to build technical systems and database to collect, store and manage subscriber information in accordance with the Ministry of Information and Communication; provide subscriber information and connect database of subscriber information at the request of the competent state management agencies.

4. Using subscriber information

Subscriber information is used only for the following purposes:

a) To serve the national security, social order and safety;

b) To serve the state management on telecommunications;

c) To serve the specialized management, exploitation of the network and provision of telecommunication services of telecommunication enterprises;

d) Other purposes as prescribed by the Ministry of Information and Communications.

5. Ministry of Information and Communication shall specify the registration, storage and use of subscriber information.

Article 16. Condition for stopping telecommunication service trading

1. Telecommunication enterprises are only allowed to suspend partly or all of telecommunication services if the following conditions are satisfied:

a) The lawful rights and interests of users of telecommunication services are ensured under the signed contract for use of telecommunication services;

b) Informing the specialized agencies on telecommunications of the event as defined in Clause 1 of Article 17 of this Decree.

2. Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services are only allowed to stop the business in part or all telecommunication services directly related to the essential facilities, telecommunication services dominating the market, public-utility telecommunication services if the following conditions are satisfied:

a) Ensuring the lawful rights and interests of users of telecommunication services under the signed contract for use of telecommunication services;

b) Getting the written consent of the Ministry of Information and Communications under the provisions of Clauses 2 and 3 of Article 17 of this Decree;

 c) In case of the suspension of trading the service, but not terminating their operation, they must provide users of telecommunication services with alternative telecommunication services, or switch the users to a equivalent telecommunication service of other telecommunication enterprises, or compensate for the users of services;

d) In case of suspension of trading service due to termination of their operation, reorganization plan or plans for bankruptcy and dissolution of enterprises must include measures to ensure the provision of telecommunication services will be continued to users.

Article 17. Procedures for suspension of telecommunication services trading

1. Telecommunication enterprises other than telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services stop trading partly or all of the telecommunication services must submit documents for informing the suspension of providing services to the specialized management agencies in telecommunications at least 60 days before the expected date of cessation of the trading.

2. Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services when stopping partly or all telecommunication services directly related to essential facilities, telecommunication services dominating the market, public-utility telecommunication services without terminating their operation must submit 03 sets of dossiers requesting for stopping telecommunication services trading to the Ministry of Information and Communications. Within 30 working days after receiving the valid dossier, the Ministry of Information and Communication assess and send a written reply to the enterprise.

3. Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services when suspending telecommunication services trading due to the end of their operation must submit 03 dossiers asking for an end to their telecommunication services trading to the Ministry of Information and Communications. Within 60 working days from the date of receiving the valid dossier, the Ministry of Information and Communications coordinate with relevant agencies to determine the enterprise-reorganization plans or plans for bankruptcy or dissolution and reply in writing to the enterprise. On the basis of the written reply of the Ministry of Information and Communications, the enterprise is obliged to carry out the plan of reorganization or plan of bankruptcy, dissolution as prescribed by laws.

4. Notice of suspension of telecommunication services trading referred to in Clause 1 of this Article shall include the following information:

a) The services to be ceased, the time point to start stopping the trading, reasons for the suspension, scope of the suspension;

b) Measures and commitments to ensure the lawful rights and interests of users of telecommunication services and relevant parties.

5. A dossier of application for suspension of telecommunication services trading referred to in Clauses 2 and 3 of this Article include:

a) An application for suspension of telecommunication services trading in the form issued by the Ministry of Information and Communications;

b) Report on business situation for service expected to be out of business: revenue, profits, output, market share, number of people using the service;

c) Measures and commitment to ensure the lawful rights and interests of users of telecommunication services and other stakeholders;

d) A reorganization plan or plans for bankruptcy, dissolution of enterprises, security measures to continue to provide telecommunication services to users in the event of termination due to cessation of business activities.

6. Telecommunication enterprises shall take responsibility to notify users of telecommunication services and other related parties publish in the mass media about the suspension of telecommunication services trading at least 30 days before the official suspension of telecommunication services trading.

7. In the case where the business license of telecommunication services is required to amend due to the suspension of services trading, management agencies specialized in telecommunication are obliged to require the telecommunication enterprises to modify the license in accordance with the clauses 1, 3, Article 24 of this Decree.

8. Within 30 working days after the cessation of telecommunication services trading, telecommunication enterprises shall take responsibility to reimburse telecommunication resources that have been publicly allocated for the service or a portion of the services to be out of business (if any) .