Chương 6 Nghị định 25/2011/NĐ-CP: Công trình viễn thông

Chapter 6.

TELECOMMUNICATIONS WORKS

Article 40. Planning of passive telecommunication technical infrastructure

1. Planning of passive telecommunication technical infrastructure includes:

a) Planning construction of important telecommunications works relating to national security, points for supply of public-utility telecommunication services of telecommunication enterprises, which specify the size, scope, location for the construction and installation of this work;

b) Planning peripheral network which defines the requirements, conditions for the installation location for antenna pole, line and direction for building the suspension pole, sewer, tank, cable ducts

2. Important telecommunication works relating to national security is the telecommunication work of special importance for the entire operation of the national telecommunication network and having direct impact on socio-economic development, security, defense of the country, including:

a) The work of international telecommunication transmission system and inter-provincial long distance;

b) The Work for system of management, control, routing, switching international telecommunications, region and inter-province long distance;

c) The work for system of transmission, broadcast of television/radio signal throughout the nation, region and province or cities under central authority;

d) Other telecommunication works specified by the Prime Minister.

3. A point for supplying the public-utility telecommunication services is location directly managed and exploited by telecommunication enterprises to provide telecommunication services to users of services, including point to supplying services with their staff being present and the point to supplying the service without any staff.

4. Provincial People's Committee is obliged to formulate, approve and publish planning of passive telecommunication technical infrastructure every 5 years, which is adjusted or supplemented annually and incorporate the content passive telecommunication technical infrastructure planning in traffic planning, construction planning with ratio of 1/2000, 1 / 500 of the locality.

5. Based on the planning of the national telecommunication development and planning of passive telecommunication technical infrastructure in the area, telecommunication enterprises shall be responsible for planning the construction of passive telecommunication technical infrastructure in the locality of enterprise and submit the same to provincial People's Committee for approval

6. Ministry of Information and Communication shall lead and coordinate with the Ministry of Construction to guide in detail the activities to create the planning of passive telecommunication technical infrastructure.

7. Ministry of Transport, Ministry of Construction shall coordinate with the Ministry of Information and Communications and the provincial People's Committee to introduce the content of related passive telecommunication technical infrastructure into traffic planning, construction planning within the region and the nation.

Article 41. Granting a license to construct a passive telecommunication technical infrastructure

1. Before starting the construction of passive telecommunication technical infrastructure, investors must have a building permit, except the following cases:

a) Line of column used for hanging telecommunication cables, system of antenna poles that are not in urban areas and are consistent with the approved planning of telecommunication technical infrastructure of the enterprise and the approved project of investment for construction;

b) Antenna pole that is not bulky in accordance with the Ministry of Information and Communications and is installed in and on top of buildings in urban areas without changing the architecture, structural strength and safety of the building, surrounding landscape and environment and is in line with the approved planning of telecommunication technical infrastructure of the enterprise;

c) A point for supplying the public-utility telecommunication services without staff that is included in the planning of approved passive telecommunication technical infrastructure of enterprise and have the approved sample design;

d) A passive telecommunication technical infrastructure work that was installed to provide telecommunication services in emergencies;

e) Other passive telecommunication technical infrastructure works as specified by the Ministry of Information and Communications.

2. Ministry of Information and Communication shall lead and coordinate with the Ministry of Construction to specify and guide the licensing of construction of passive telecommunication technical infrastructures.

3. Provincial People's Committees within their authority shall review, amend, supplement or cancel the local regulations that is no longer appropriate concerning planning, processes and procedures for granting a permit to construct a passive telecommunication technical infrastructure work; direct the coordination among relevant agencies such that enterprises can use land and construct of passive telecommunication technical infrastructure work in the locality based on the delicacy of urban landscape and the conformity with the planning for construction in the area.

Article 42. Designing, constructing and using telecommunication works

1. Organizations or individuals investing in construction of buildings with many residence (apartments, office buildings, hotels) is obliged to design and install system of telecommunication cables, access points within the building. Rental from usage of a network of cables within the building is determined on the basis of costs.

2. Organizations or individuals investing in construction of buildings that have many uses (apartments, office buildings, hotels), public buildings is obliged to allocate area for telecommunication enterprises to install antenna pole on the roof of the building, install equipment for receiving, broadcasting within the building or within public buildings if the installation is technically feasible.

3. Investors that construct traffic work, industrial zones, export processing zones, high-tech zones, and urban areas are responsible for allocating land for telecommunications enterprise to construct passive telecommunication technical infrastructure works.

4. The use of passive telecommunication technical infrastructure works is on principles that service users are free to choose telecommunication enterprises, promoting competition in network establishment and telecommunication service provision of telecommunications enterprises in buildings, public buildings, traffic work, industrial parks, export processing zones, high-tech zones, urban areas.

5. Where telecommunication enterprises do not reach an agreement with relevant organizations or individuals on the provisions in Clauses 1, 2, 3, 4 of this Article, the enterprises may require provincial People's Committees to consider and resolve, and also notify the management agency specialized in telecommunication.

6. People's Committees at all levels shall direct the settlement and handle timely cases of unlawful hindering, disturbing, destroying the building and use of passive telecommunication technical infrastructure in the area.

Article 43. Jointly using technical infrastructure

1. Investor of technical infrastructure work shall be responsible for planning, designing, investing or constructing technical infrastructure, ensuring the joint use for installation of telecommunication equipments and cables in accordance with the approved planning for passive telecommunication infrastructure.

2. Telecommunication cables are allowed to be installed along roads, streets, pavements, bridges, culverts and traffic roads. The Ministry of Transport guides organizations or individuals about management and exploitation traffic work supplying for telecommunication enterprises to jointly use traffic technical infrastructure for installation of telecommunication cables.

3. Telecommunication cables are permitted to install at the electric poles in the regions where the telecommunication cables cannot be put underground or can not build separate poles for telecommunications cable on the basis of ensuring applied technical standards. Ministry of Trade shall guide the Vietnam Electricity Corporation and organizations or individuals managing and exploiting the system of electric poles to let telecommunication enterprises use the same poles for installation of telecommunication cables.

4. Telecommunication cables, telecommunication equipment is permitted to install in the underground public works, underground public works, underground technical source work, the underground portion of the construction works on the ground, line works, cables, underground technical pipeline, ditches and technical tunnels.

5. Ministry of Construction shall guide organizations or individuals managing, using and exploiting underground works to let telecommunication enterprises to share technical infrastructure for installation of telecommunication equipments and cables.

6. Rental price for a public technical infrastructure work to install the telecommunication equipments and cables are determined on the basis of costs in order to promote the joint use of technical infrastructure of traffic engineering, energy supply, public lighting, water supply, sewerage, telecommunications and other technical infrastructures.

7. Ministry of Finance shall lead and coordinate with the related sectors/ministries to promulgate mechanisms and principles for control and management of rental price of public technical infrastructure.

8. Provincial People's Committees are obliged to manage, specify and organize the implementation of the joint use of telecommunication infrastructure, other technical infrastructures at their localities.

Article 44. Putting underground and embellishment of telecommunication cables

1. Provincial People's Committee shall lead and coordinate with the Ministry of Information and Communications to make and organize the implementation of the plan to burry and adjust telecommunication cables in their locality.

2. Organizations or individuals participating in putting underground and embellishment of telecommunication cables shall get investment incentives or supports in accordance with the law on investment.

3. Telecommunication enterprises are obliged to participate, coordinate and contribute funds to implement the putting underground and embellishment of their telecommunication cables.

4. The putting underground and embellishment of telecommunication cables is done on the principle of ensuring that joint usage of technical infrastructure works is maximal, in accordance with technical norms in the field of telecommunications and construction.