Chương 5 Nghị định 25/2011/NĐ-CP: Tài nguyên, quy chuẩn kỹ thuật, chất lượng và giá cước viễn thông

Chapter 5.

RESOURCES, TECHNICAL NORM, QUALITY AND TELECOMMUNICATIONS TARIFF

Article 31. Allocating frequency bands, quantity of telecommunication subscribers

1. To ensure that wireless electric frequency and telecommunication digital repository are used effectively, the band, quantity of telecommunication subscribers shall only be allocated to enterprises licensed to establish the following public-utility telecommunication network:

a) Ground fixed telecommunication network set up throughout their region or country;

b) Ground mobile telecommunication network established throughout the country;

c) Satellite fixed telecommunication networks;

d) Satellite mobile telecommunication networks.

2. Enterprises providing telecommunication services in the form of resale of the services are allowed to subrent telecommunication subscriber number of the enterprises have been allocated the number of telecom subscriber.

3. Ministry of Information and Communication and regulate and guide the allocation of frequency band, the number of telecom subscribers for licensed organizations to set up their own telecommunication networks.

Article 32. Changing telecommunication subscriber number

1. Telecommunication subscriber number is a sequence of digits (or characters) which indicates the unique terminals of the telecommunication network and includes the necessary information to route calls to that endpoints.

2. Changing telecommunication subscriber number is change in length, the structure of telecom subscriber numbers that are being used on telecommunication networks.

3. The change of telecommunication subscriber number shall be done in the following cases:

a) To increase the capacity of telecommunication subscriber number to meet the development needs of the subscriber;

b) To ensure meeting the requirements of management and exploitation of the networks and providing efficiently telecommunication services;

c) To adjust, supplement, modify the national telecommunication digital repository plan to meet requirements for change in technology and change in telecommunication development policy;

d) Other cases prescribed by Ministry of Information and Communications.

4. When changing telecommunication subscriber number, telecommunication enterprises shall:

a) Develop and implement plans for change of telecommunication subscriber number of their enterprise in line with the planning of the telecommunication digital repository or the plan for changing subscriber number approved by the Ministry of Information and Communications;

b) Notify of change of telecommunication subscriber number on the mass media at least 60 days prior to the change of telecommunication subscriber number;

c) Guide users of telecommunication services about the way to dial after the change of telecommunication subscriber number;

d) Coordinate with other telecommunication enterprises to change telecommunication subscriber number;

e) Implement technical measures to minimize the loss of contact (if any) before, during and after the change of telecommunication subscriber number;

e) Report in writing to the management agency specialized in telecommunication on the results of changing the telecommunication subscriber.

5. Telecommunication enterprises are not obliged to compensate for direct damages or resources that are not obtained due to the change of telecommunication subscriber number.

Article 33. Process of change of telecommunication subscriber numbers

1. Changing telecommunication subscriber number without changing the length and structure of the telecommunication subscriber number:

a) In the case where a telecommunication enterprise change less than 10,000 telecommunication subscriber number that have been granted to subscribers within a province or centrally-affiliated city without changing the length and structure of the telecommunication subscriber number and ensure conformity with the planning of the national telecommunication numbering: Telecommunication enterprises shall change telecommunication subscriber number in accordance with Clause 4 of Article 32 of this Decree and report to the management agencies specialized in telecommunication;

b) In the case where the telecommunication enterprises change over 10,000 telecommunication subscriber number that have been granted to telecommunication subscriber or the scope of change of the number within two provinces or centrally-affiliated cities or more, but not change the length, the structure of telecommunication subscriber number and is consistent with the planning for national telecommunication numbering: Telecommunication enterprises shall send dossiers to the specialized management agencies in telecommunications at least 90 days before the date of changing telecommunications subscriber number and change telecommunication subscriber number only after obtaining written approval of the management agencies specialized in telecommunications.

c) A dossier requesting change to telecom subscriber number include: application for changing of telecom subscriber number in the form issued by the Ministry of Information and Communications; the plan to change the telecommunication subscriber number, which clearly indicate the scope of change, number of subscribers to be changed, the expected timing for changing the number, technical plans, including plans for testing the implementation of the change of number, measures to limit the loss of contact during and after process of change;

d) A specialized management agency in telecommunications receive and process dossiers mentioned at Point c of this Clause, within 30 working days after receiving the valid dossier. In case of disapproval of the change, the management agencies specialized in telecommunications shall notify in writing the reasons for the enterprise.

2. Changing telecommunication subscriber numbers with changes to the length and structure of the telecommunication subscriber numbers:

Management agency specialized in telecommunication is obliged to create a plan for changing telecommunication subscriber numbers and submit the same to the Minister of Information and Communications for approval, arrangement and guidance of the implementation of telecommunication enterprise with respect to the approved plan for changing telecommunication subscribers.

Article 34. System of technical norm of telecommunications and wireless electric frequency

System of technical norm of telecommunications and wireless electric frequencies include technical norms on:

1. Terminals.

2. Network equipment.

3. Equipments to measure charges.

4. Telecommunication network connections.

5. Telecommunication services.

6. Passive telecommunication technical infrastructure.

7. Quality of emission of wireless electric equipment.

8. Wireless electric radiation safety of wireless electric equipments, equipments applying radio waves, radio stations.

9. Electromagnetic compatibility safety of wireless electric equipment, telecommunication equipment, information technology equipment, equipment applying radio waves and electronics-electrical equipments.

10. Installation, operation, and measurement and testing of network equipment, passive telecommunication technical infrastructure, management of telecommunication services.

11. Other technical norms of telecommunications as specified by the Ministry of Information and Communications.

Article 35. Telecommunications quality management

1. The assessment of conformity with technical norms for equipment, networks, services and passive telecommunication technical infrastructure is conducted as follows:

a) terminal equipment, wireless electric equipment, equipment applying wireless electric waves, information technology equipment, electrics-electrical equipment in the list of telecommunication equipment, wireless electric equipment, equipment applying wireless electric waves, information technology equipment, electronic-electrical equipment is potentially unsafe issued by the Ministry of Information and Communications must be carried out procedures to certify conformity with regulation or release a statement of conformity for each category of equipment and use conformity mark before being circulated in the market or connected to public telecommunication networks;

b) Passive telecom technical infrastructure, telecommunication network connection, telecommunication services in the List of telecommunication services and networks requiring quality control issued by the Ministry of Information and Communications before being provided or used must carry out procedures to announce the conformity with as prescribed.

2. Testing of telecommunication equipment is the test, certification or announcement of conformity with telecom technical norms of telecommunication equipment that were installed prior to functioning. The testing of telecommunication equipment is as follows:

a) Network equipment in the list of telecommunication equipment requiring expertise issued by the Ministry of Information and Communications before putting into operation must be conducted the test and certification of compliance or test and announce the accordance with the regulations;

b) Measuring device to calculate charge in the list of telecommunication equipment requiring the testing issued by the Ministry of Information and Communications before putting into operation must be carried out the test procedures and certification of conformity by regulations;

c) Wireless electric station in the List of radio stations requiring a safety testing of radiation safety issued by the Ministry of Information and Communications before being used must be performed the test procedures and certification of conformity or test and announce the accordance with the regulation.

3. Ministry of Information and Communications is responsible for:

a) Specifying the operation of technical norm conformity assessment and testing of telecommunication equipment;

b) Appoint and recognize conformity certification organization, units for measuring and testing, testing laboratories in the field of telecommunications and radio frequencies.

Article 36. Principles for the promotion of telecommunication services and specialized telecommunication goods

1. Telecommunication enterprises are not allowed to conduct promotion with purposes of unfair competition in the telecommunications market, dumping telecommunications service, specialized telecommunication goods.

2. Telecommunication enterprises shall ensure the quality of telecommunication services and specialized telecommunication goods promoted in accordance with the provisions of law on the management of standards, technical norms, quality of telecommunication services and specialized telecommunication goods.

3. Telecommunication enterprises are not allowed to conduct promotion by reducing charges of telecommunication services, reducing the price of specialized telecommunication goods with respect to telecommunication services, specialized telecommunication goods evaluated specifically by the State. Telecommunication enterprises are not allowed to conduct promotion by reducing charges of telecommunication services, reducing the price of specialized telecommunication goods to below the minimum level of specialized telecommunication services, telecommunication goods that the State prescribes a price range or a minimum price.

4. Telecommunication services marks, specialized telecommunication trademarks are specified in the List of telecommunication services, the List of specialized telecommunication goods issued by the Ministry of Information and Communications.

5. The material value used for promotion for the unit of specialized telecommunication goods or services must not exceed 50% of the price of the units of specialized telecommunication goods or services promoted before promotion period except the following cases:

a) Providing telecommunication services, deliver samples of specialized telecommunication goods to customer free of charge;

b) Providing telecommunication services, offer specialized telecommunication goods to customers free of charge, without associating to the provision of telecommunication services and specialized telecommunication goods;

c) Providing telecommunication services, selling specialized telecommunication goods enclosed with contest entry forms for customers to choose the prize winners according to announced rules and prizes.

d) Providing telecommunication services, selling specialized telecommunication goods accompanied by participation in promotions of chance;

e) Organizing frequent customer program.

6. The total maximum value of services or goods used for sales promotion should not exceed 50% of the total value of telecommunication service, specialized telecommunication goods promoted except in the form of offering sample promotional goods or providing sample telecommunication services to customers to try free of charge.

7. Form of discount promotion for telecommunication services and specialized telecommunication goods include:

a) Providing telecommunication services or selling specialized telecommunication goods at price that is lower than before;

b) Using units of telecommunication services, specialized telecommunication goods for the promotion of the same telecommunication services and goods as their prices remain unchanged;

c) Promotion in the form of providing telecommunication services, selling specialized telecommunication goods accompanied by the coupon of use for the telecommunication services, coupon for the very specialized telecommunication goods.

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

8. Total time for telecommunication enterprises to implement promotional programs by reducing prices for telecommunication services marks, specialized telecommunication trademarks in accordance with provisions by the Ministry of Information and Communications should not exceed 90 days in a year; a promotion must not exceed 45 days.

9. The total duration of the promotion for a telecommunication services marks, specialized telecommunication trademarks when making promotions to provide telecommunication services, sell specialized telecommunication accompanied by the participation in promotions of chance must not exceed 180 days a year, a promotion must not exceed 90 days.

Article 37. Promotion management for telecommunication services and specialized telecommunication goods

1. Only applying to licensed telecommunication enterprises for the promotion of telecommunication services and specialized telecommunication goods.

2. Telecommunication enterprises can directly organize the promotion or hire traders of promotion services to conduct promotion on specialized telecommunication goods or services of enterprises under agreements with such enterprises. In case of hiring traders who trading promotion services to conduct promotion on services and specialized telecommunication goods for enterprises, telecommunication enterprise, telecommunication enterprises must ensure the promotion is done in accordance with promotions program has been announced or registered with the State management agency for promotion.

3. Agency that trade the specialized telecommunications goods of telecommunication enterprises must conduct promotions in accordance with promotion program that telecommunication enterprises have announced or registered with the State management agency for promotion.

4. When implementing promotions for telecommunication services and specialized telecommunication goods, telecommunication enterprises must notify the management agency specialized in telecommunication and local Department of Information and Communication. Before implementing promotional programs by reducing prices for services in the List of telecommunication services requiring registration of charges, telecommunication enterprises must register with the management agencies specialized in telecommunications.

5. Telecommunication enterprises shall take responsibility to report regularly and irregularly upon request by specialized management agencies on telecommunications as to list and content of the promotion program of telecom services of the enterprise.

6. Ministry of Information and Communications is responsible for:

a) Regulating the list, units, forms of promotion, the maximum value of promotional material applied to each unit of telecommunication services and specialized telecommunication goods, the total value of the service, goods for sales promotion in a promotional program aimed at ensuring fair competition in the market of telecommunication services;

b) Leading and coordinating with the Ministry of Industry and Trade to regulate promotion for the provision of telecommunication services and specialized telecommunication goods.

7. Management agency specialized in telecommunication have the right to suspend the implementation of the whole or part of promotion program of telecommunication enterprises if there is any violations of regulations on the promotion of telecommunication services and goods specialized telecommunications is detected.

Article 38. Management of the charges of telecommunication services

1. Form of charge management

a) To decide the charges: the Ministry of Information and Communications issued rates, rate range of public-utility telecommunication services, and the connection charges;

b) Registration of charges: Telecommunication enterprises dominating the market prior to the promulgation and application rates of market dominant telecommunication services is obliged to register the charges with the management agencies specialized in telecommunications;

c) Notification of the charge: telecommunication enterprises by themselves specify charges of telecommunication services outside the above charges at point a, b of this Clause and shall notify the management agency specialized in telecommunication.

2. Exemptions from public utility charges are as follows:

a) Telecommunication enterprises shall take responsibility to develop a charge reducing/exempting plan for serving public-utility telecommunication missions and submit it to the Ministry of Information and Communications;

b) Ministry of Information and Communication shall decide the charge reducing/exempting plan for serving public-utility telecommunication missions after getting an agreement with the Ministry of Finance;

c) Ministry of Finance is responsible to ensure a fund in compensation for telecommunication enterprises in carrying out the public-utility telecommunication missions under the plan to reduce/exempt charges that has been decided at Point b of this Clause.

3. Telecommunication enterprises are not allowed to provide telecommunication services with too low rate compared with the average rates in the market of telecommunication services in accordance with provisions by Ministry of Information and Communications.

4. In addition to the provisions of Clause 3 of this Article, the telecommunication enterprise dominating markets are not allowed to release a rate of telecommunication services lower than its cost.

5. In the case where telecom service charges increase or decrease unreasonably compared with the cost, increase or decrease abnormally compared with average rates resulting in an unstableness in the telecommunications market, causing harm to the legal rights and interests of users of telecommunication services, other telecommunication enterprises and the State, Ministry of Information and Communications is obliged to perform or direct the management of specialized telecommunications to implement measures to control, stabilize following telecommunication charges:

a) Prescribing a maximum charge, minimum charge, charge range of telecommunication services;

b) Controlling the form factor of telecommunication services charges;

c) Disclosing information about charges;

d) Establishing mechanisms for managing telecommunication charges in each period;
e) Deciding suspension of implementation of the unreasonable telecom service charges decided by telecommunication enterprises

f) Deciding organization of teams of inspector and/watchdog to observe the compliance with state regulations on the management of telecommunication services charges.

Article 39. Professional issue report of telecommunication

1. Ministry of Information and Communication shall define mechanism and issue forms for reporting telecommunications professional issue.

2. Telecommunication enterprises shall:

a) Report regularly or irregularly upon requirement for professional telecommunications to management agency specialized in telecommunication and shall take responsibility for the accuracy and timeliness of content and figures of the report;

b) Prove the accuracy of content and figures of the report as required;

c) Provide online content and figures of the report to the device to access information upon request by management agency specialized in telecommunication.

3. Management agency specialized in telecommunication is obliged to use the content and figures of the report on professional telecommunication to publish statistical reports, analyses, manage the telecommunication services market