Chapter I
GENERAL PROVISIONS
Article 1. Role of post and telecomunications
The State has identified post and telecommunication as important economic, technological and service sector in the infrastructure of the national economy. The development of the post and telecommunication sector aims at meeting the needs for socio-economic development, improving the quality of life of the people and ensuring national defense and security.
Article 2. Scope of coverage
This Ordinance governs post and telecomunications, radio frequencies (hereinafter referred to as post and telecomunications); rights and obligations of organizations and individuals in the Post and telecomunications.
Article 3. Objects
This Ordinance applies to Vietnamese individuals and organizations, foreign individual and organizations in Vietnam. In case international treaties to which Vietnam is signatory, provides otherwise, the international treaties shall apply.
Article 4: Definition
In this Ordinance, following terminologies mean as follows:
1. "Postal service" is the service of collecting, carrying, and delivering postal packages and parcels via the public postal network.
2. "Mail delivery service" is the service of collecting, carrying and delivering text-styled information that is enveloped and glued with unit weight of under two kilos (2kg) to specific addresses through a public postal or delivery network.
3. "Telecommunication equipments" are technical means including hard wares and softwares that are utilized to set up a telecommunication network, providing and utilizing telecommunication services.
4. "Network equipments" are telecommunication equipments installed on the telecommunication network, including transmittal equipments, circuit-switch equipments and other data-processing equipments.
5. "Terminal equipments" are telecommunication equipments that are directly or indirectly connected with the terminal points of the telecommunication network for sending, processing and receiving symbol-styled information, signals, figures, scripts, sounds, and images via the telecommunication network.
6. "Terminal points" of the telecommunication network are physical connecting points that are in accordance with technical norms to ensure that the terminal equipments of users are rightly connected with the telecommunication network.
7. "Telecommunication services" are services of transmitting symbols, signals, data, scripts, sounds, images and other types of information between terminals points on the telecommunication network.
8. "Transmittal line" is a composition of transmittal equipments that are connected together by telecommunication cables, radio frequencies, optical means and other electronic means.
9. "Information resources" include telecommunication database, radio frequency spectra, internet resource and satellite orbits.
a) "Telecommunication database" is a composition of codes and numbers that are coded uniformly nationwide to ensure the operation of the network and telecommunication services.
b) " Radio frequency spectra" are bands of radio frequencies.
c) "Internet resource" is a composition of names and numbers that are globally programmed and under Vietnamese administration for guaranteeing the operation of the internet.
d) "Satellite orbits" are motional routes of a satellites in the space under Vietnamese administration.
10. "Radio frequencies" are electromagnetic waves with frequencies of bellow 3 thousands Mega hertz (3000 GHZ) transmitted in the space without artificial conductors.
11. "Radio profession" is the work of transmitting, broadcasting, receiving radio frequencies, including professions of fixed and mobile radio, broadcasting, television, aviation, marine, guide, locating and other professions.
12: "Radio equipments" includes radio frequency receiving, broadcasting and receive-broadcast equipments used for the radio profession.
Article 5: State's policy on post and telecommunication
1. Mobilizing all the country's resources for quickly developing and modernizing post and telecommunication industry to meet the socio-economic development's need, contributing to enhance the living quality of the people and guaranteeing national defense and security.
2. Priority is given to developing post and telecommunication services in rural and remote areas; providing incentives and supports for enterprises that provide public post and telecommunication services and executing other public tasks assigned by the State.
3. Providing incentives and conditions for other economic sectors to participate in the post and telecommunication industry in a transparent and fair-competition environment under States administration with complete types of services in high quality and at reasonable prices.
4. Respecting, protecting legitimate rights and interests of entities and individuals participating in the post and telecommunication industry.
5. Creating good conditions for utilization and development of post and telecommunication technologies.
6. Expanding international post and telecommunication cooperation on the basis of respecting independence, sovereignty, equity and fair, and ensuring compliance with Vietnamese laws and international commitments Viet Nam has made.
Article 6. Protecting the post, telecommunication networks' safety and information security
1. Protecting the post, telecommunication networks' safety and information security is responsibility of every organization and individual.
2. Government agencies, organizations, enterprises have to implement necessary measures for protecting safety of the post, telecommunication networks and information security.
Article 7. Cases that are preferentially provided services
1 . The following cases are given priority:
a) Emergency information on national defense and security;
b) Information used for fighting flood, typhoon, fires and other disasters;
c) Information for first aids and protest against epidemic diseases;
d) Information on safety, salvage;
e) Other emergency information according to provisions under emergency law.
2. In case of emergency as provided for under emergency law, parts or whole post and telecommunication network shall be mobilized in accordance with decisions issued by State competent authorities.
Article 8. Rights and responsibilities of organizations and individuals in utilizing post, mail delivery and telecommunication services
1. Organizations, individuals having rights to utilize post, mail delivery and telecommunication services are responsible for their information contents, parcels, commodities according to provisions of law.
2. Enterprises providing postal, mail delivery and telecommunication services are responsible for services' quality and comply with regulation on services' prices according to the law; having the rights to refuse providing services and being responsible for their refusal if organizations and individuals breach law and regulation when using services.
Article 9. Ensuring confidentiality of information
1. Confidentiality of all organizations and individuals' information that is transmitted through the post and telecommunication network has to be guaranteed. Ensuring confidentiality of information by coding is carried out in accordance with law and regulation on coding.
2. Control on information transmitted on the telecommunication and the internet; controlling, capturing mails, parcels sent via the public post and mail delivery network have to be carried out by State competent authorities in conformity with law and regulation.
3. If organizations, individuals seriously violate law and regulation, causing negative impacts on national defense and security, their business shall be temporarily suspended or suspended.
Article 10. Activities are banned
Banning the following activities:
1. Destroying post and telecommunication constructions or impeding legitimate post and telecommunication business;
2. Illegally recording and listening information on the telecommunication network; stealing, illegally utilizing passwords and private information of other organizations and individuals; printing, trading and using pirated stamps; capturing, unsealing, exchanging, disclosing contents of mails, mail packages, parcels of other organizations and individuals;
3. Providing, utilizing post and telecommunication services or radio frequencies for the purpose of protest against the State of Socialist Republic of Viet Nam, disrupt security and public safety, violating national custom, smuggling or beaching other provisions of law and regulation on post and telecommunication.
Tìm kiếm
Pháp lệnh Bưu chính, viễn thông năm 2002 (Bản Word)