Chương 3 Pháp lệnh 43/2002/PL-UBTVQH10: Viễn thông

Chapter III.

TELECOMMUNICATIONS

Section 1. TELECOMMUNICATIONS NETWORKS AND SERVICES

Article 32. Terminal equip and intranet.

1. Subscribe terminal is a users fix or mobile terminal connected or accessed to public Telecommunication network through end switch of public Telecommunication network.

2. Public terminal is a Telecommunication enterprises fix or mobile terminal connected or accessed to public Telecommunication network through end connector of public Telecommunication network.

3. Intranet is a Telecommunication equipment system built and operated by organization or individual with address and defined scope of location in which it has right to legally use for internal communication.

4. Telecommunication service user can design and set up personally or hire other organization or individual design and set up subscribe terminal or intranet to the end switch of public Telecommunication network.

5. Subscribe terminal and intranet switch on public Telecommunication network has to conform to regulation of equipment standardization and radio frequency usage.

6. Telecommunication company connect subscribe terminal and intranet to public Telecommunication network through contract with service user. Post and telecommunication Government management agency define terminal equipment, intranet, and end switch of public Telecommunication network.

Article 33. Telecommunication network

1. Telecommunication network include public Telecommunication network, dedicate Telecommunication network, specific Telecommunication network are combination of Telecommunication equipment connected by wire.

2. Telecommunication network activity is not permitted to damage environment and socio-economic activities. Socio-economic activities are not permitted to distort or wreck Telecommunication cable, antenna, and equipment system and to damage other Telecommunication network activities.

Article 34. Public Telecommunication network

1. Public Telecommunication network is Telecommunication network established by Telecommunication enterprise to provide Telecommunication services. Public Telecommunication network is constructed and developed by strategy, programming, and plan approved by Government authorities.

2. Public Telecommunication construction is a key part of infrastructure of project and overall plan construction of city area, population area, industry area, export processing zone, new economic zone and other public construction to ensure unification and synchronous in construction investment and convenient to provide and usage of service.

3. Public Telecommunication construction has priority to use space, surface, earth, river-bottom, seabed; Telecommunication line can be combined to run among road, bridge, drain, side-walk, street, electricity line in order to easy construct, repair, maintain, and protect.

4. Public serving points for everyone are priority to settle in train station, bus station, seaport, airport, frontier pass and other public places.

Article 35. Dedicated Telecommunication network.

Dedicated Telecommunication network is Telecommunication network established by agencies, organizations, enterprises operate in Vietnam to.communicate network member, including Telecommunication equipment established in different places and connected together by hiring or self construct lines.

Article 36. Specific Telecommunications network

Specific Telecommunication network is Telecommunication network used for special communication of Party and government agencies, or defend and security communication. Government specifically regulate for establishment and operation of this network.

Article 37. Telecommunication service

1. Telecommunication service are:

a) Basic service is an service immediately transfer Telecommunication service via Telecommunication network or internet without changing form or content of information;

b) Value added service is a service increase user information value by improve forms or content of information or provide information backup and recover capacity based on using of Telecommunication network or Internet;

c) Internet connection service is service that provided capacity to connect each other and Internet for agencies, organizations, and enterprises;

d) Internet Access service is a service that provide ability to access Internet;

e) Internet application service in post and Telecommunication is a service using Internet to provide post and Telecommunication services for user. Internet application service in socio-economic sectors has to conform to post and Telecommunication regulations and other related regulation.

2. Post and Telecommunication management authorities regulate and promulgate specific list of Telecommunication services regulated in this Article.

Section 2. TELECOMMUNICATION SERVICES PROVIDER AND USER

Article 38. Telecommunication enterprise

1. Telecommunication enterprises are:

a) Lower Layer network provider enterprise is a state enterprise or state hold major share enterprise, which established under regulation of law to construct network lower layer and provide Telecommunication services.

b) Telecommunication service provider enterprise is a Vietnam multi economic sections enterprise, which established under regulation of law to provide Telecommunication services.

2. Right and obligation of Telecommunication enterprise:

a) Lower layer network provider enterprise can establish public Telecommunication network to directly provide and resell Telecommunication service;

b) Telecommunication service provider enterprise can establish Telecommunication equipment systems in its organization and public serving place to directly provide value added service, Internet accession service and resell Telecommunication service; establishment of transfer line outside its organization and public serving place is not permitted;

c) Safely protect Telecommunication network and information channel;

d) Provide Telecommunication service for Telecommunication service user in Vietnam and abroad according to law of Vietnam and law of country in which services are provided;

e) Information source can be used in programming to establish Telecommunication network and Telecommunication service provide;

f) Hiring transfer line to connect Telecommunication equipment systems of organization, of Telecommunication network, and other Telecommunication enterprises service;

g) Implement task mobilized by government in urgent case and other public tasks;

h) Implement measures to protect Telecommunication service users right and legal benefit;

i) Compete under law in Telecommunication service activity;

j) Implement regulation and be controlled by government authorities in protecting Telecommunication network and information security;

k) Other rights and obligations conform to current law.

Article 39. Telecommunication enterprise holding dominated market-share of Telecommunication service

1. Telecommunication enterprise holding dominate market-share of Telecommunication service is enterprise hold more than 30% market-share of Telecommunication service type in permitted area and can be directly affect the market penetration of other in that service market. Post and Telecommunication government management identify enterprise holding dominated market-share Telecommunication service.

2. Rights and obligations of Dominated market-share Telecommunication service holding enterprise are:

a) The rights and obligation regulated in Article 38 of this decree;

b) Using advantages to limit or harm to service provide activities of other Telecommunication enterprise are not permitted;

c) Separately Account the restrain market-share Telecommunication service;

d) Be controlled by government authorities for market-share, quality and charge of restrain market-share Telecommunication service.

Article 40. The Rights and obligations of dedicated Telecommunication network host

1. Dedicated Telecommunication network host is Vietnam agency, organization, enterprise or foreign agency, organization, enterprise that legally operates in Vietnam is licensed to establish dedicated Telecommunication network.

2. The rights and obligations of dedicated Telecommunication network host are:

a) Constructing or hiring transfer line to establish dedicated Telecommunication network and connecting to public Telecommunication network; implementing accurately stipulations of license;

b) Using information sources in programming to establish network and provide information to networks member conform to regulations;

c) Safely protecting its dedicated Telecommunication network and information;

d) Any types of Telecommunication service trading are not permitted;

e) Implementing regulation and controlled by government authorities in protecting Telecommunication network and information security;

f) Other rights and obligations conform to current law.

Article 41. Telecommunication service agent

1. Telecommunication service agent is Vietnamese organizations, individuals who are on behalf of Telecommunication enterprise to supply telecommunication service to users through agent contract to obtain commission. Agent contract must be made in writing.

2. Telecommunication service agent has the following interests and obligations:

a) to establish terminal equipments at the place where he/she/it has full legal use-right to provide telecommunication services at such place in accordance with the types, quality and service charges agreed in the agent contract and to obtain commission; to re-sell telecommunication services to users at such place on the basis of purchasing services of telecommunication enterprises in accordance with the types, quality and service charges agreed in the agent contract;

b) to be guided techniques and supplied information and other related conditions by telecommunication enterprises to ensure the providing services to users;

c) to abide by regulations regarding providing services, reselling services and provisions in agent contract.

d) other legal interests and obligations in accordance with the provisions of law.

Article 42. The user of telecommunication services

1. User of telecommunication services is a organization, individual concluding contracts with telecommunication enterprises or telecommunication agents to use telecommunication services.

2. The user of telecommunication services has the following rights and obligations:

a) to establish immovable subscribing terminal equipments at the place where he has full legal use-right or to use the movable subscribing terminal equipments to access to public telecommunication networks in accordance with the contract concluded with telecommunication enterprises or telecommunication service agents;

b) to select enterprises or telecommunication service agents to use telecommunication services, except to the prohibited or disallowed services;

c) to be guaranteed private information in accordance with the provisions of law;

d) to be compensated damages or losses in accordance with the provisions of law;

e) not to be allowed to use his/her/its subscribing terminal equipments to do business in telecommunication service under whatever types;

f) to protect password, encoded key and his/her/its equipment system;

g) to be responsible in front of law for the content of up loaded, stored, transmitted on telecommunication network, Internet information;

h) other rights and obligations provided by law.

Article 43. Connecting into Telecommunication network

1. Connection is a physical and logical linkage of telecommunication networks, accordingly, the service users of one network would access to the users or services of other networks, vice versa.

2. The Connection of public telecommunication networks is stipulated as follows:

a) Telecommunication enterprise is entitled to connect its telecommunication network with other enterprises telecommunication networks, at the same time to be obliged to let other telecommunication enterprises connect to its telecommunication network or services under reasonable conditions of equality based on efficient use of information resources, use of same connecting site and technical infrastructure through agreement concluded by parties.

b) Telecommunication enterprises controlling essential equipments which play the key role in connection and providing telecommunication services arent allowed to deny connection request of exclusive telecommunication hosts and other telecommunication enterprises, at the same time create favorable conditions for the negotiation and implementation of connection, if request is duly made and feasibly in economic and technique;

c) Telecommunication enterprises implement negotiation, conclusion of connection agreements in accordance with the provisions of States authority of post, telecommunication; in case no agreement has been reached in the provided time-limit or conflicts have arisen during implementation of connection agreement, according to the request of one of parties participating connection, States authority of post, telecommunication will hold consultative meeting among parties, after meeting if there have not been any agreement reached, the States authority of post, telecommunication will consider and make decision. The connection agreement is only in effect since to be registered at States authority of post, telecommunication.

3. The exclusive telecommunication network connection is stipulated as follows:

a) Exclusive telecommunication network is connected into public telecommunication network on the basis of ensuring technical standards of public telecommunication network and in conformity with the provisions on connection between exclusive and public telecommunication networks;

b) The connection between exclusive and public telecommunication network is implemented under connection agreement in writing between telecommunication enterprise and exclusive telecommunication network owner.

c) Exclusive telecommunication networks are prohibited to directly connect with each other without permission of the competent authority.

Article 44. Telecommunication service charges

1. Government Prime Minister makes decision of the key telecommunication service charges which would have great affect to other industries and social - economic development.

2. States authority of post, telecommunication make decision on charges of public beneficial telecommunication services, market dominated telecommunication services and charges of connection among enterprises on the basis of service cost, social economic development policy and objectives of telecommunication development for each stage.

3. Telecommunication enterprises make decision of specific charges for each kind of telecommunication service except to charges provided at paragraph 1 and 2 of this Article.

Section 3. TELECOMMUNICATION LICENSE

Article 45. Types of Telecommunication licenses

1. Licenses for doing business in Telecommunication industry include:

a) License for network establishment and providing telecommunication services to be issued with time-limit not more than 15 years.

b) License for providing telecommunication service to be issued with time-limit not more than 10 years.

2. Technical Licenses of Telecommunication include:

a) License for exclusive network establishment to be issued with time-limit not more than 5 years;

b) License for construction of telecommunication cable in economic privileged territory, land under sea of Vietnam to be issued with time-limit not more than 25 years

3. License for experiment of network and telecommunication services to be issued with time-limit not more than 1 year. Prior to the time-limit of licenses stipulated in this Article ending, if enterprise satisfies requirements and submits request for continuing to provide services it will be considered to grant new license.

Article 46. Regulations on license

1. In case of license issuance relating to the use of information resources, the license is only be granted if the allocation of information resources is feasible.

2. License issuance for network establishment and providing telecommunication services stipulated at point (a) paragraph 1 Article 45 of this Ordinance is only implemented after having approval in writing of Government Prime Minister.

3. Telecommunication enterprise is obliged to pay evaluation fee, license fee and other fees relating to telecommunication sector in accordance with the provisions of law.

4. The selling, buying or assignment of all kinds of telecommunication licenses are prohibited.

5. Government stipulates in detail on authorization and requirements of telecommunication license issuance; management and use of telecommunication licenses.

Section 4. PLAN OF TELECOMMUNICATION CODING AND INTERNER RESOURCE

Article 47. Plan of telecommunication coding and Internet resources

Plan of telecommunication coding and Internet resources must be conformed the following regulations:

1. Strategy of long-term development of services and subscribers;

2. Maximum of efficiency of telecommunication networks and equipments utility;

3. Efficient use of telecommunication data sources and Internet resources;

4. Accessible to global telecommunication services and networks;

5. Protection of legal rights and interests of service users;

6. Fair competition among telecommunication enterprises

Article 48. Management of telecommunication number source and Internet resources

1. States authority of post, telecommunication constructs and issues the plan of telecommunication coding and Internet resources; allocates and takes back names, codes, numbers in accordance with the plan; stipulates the management of telecommunication number source and Internet resources.

2. Telecommunication enterprise constructs the plan of telecommunication coding and Internet resources within the limit of telecommunication number source and Internet resources allocated, at the same time grants or leases numbers to organizations and individuals using services in conformity with enterprises plan and regulations of telecommunication number source and Internet resources.

3. Telecommunication enterprise is responsible to report plan and circumstance of using names, codes, and numbers allocated under the provisions of States authority of post, telecommunication; for not-in-use names, codes, and numbers, telecommunication enterprises must return to States authority of post, telecommunication, if not, such will be withdrawn.

Section 5. PROVIDING PUBLIC BENEFECIAL TELECOMMUNICATION SERVICES

Article 49. Public beneficial telecommunication services

Public beneficial telecommunication services include:

1. Universal telecommunication services are telecommunication services to be generally supplied to every people in accordance with requirements, quality and charges stipulated by the competent authority

2. Compulsory telecommunication services are telecommunication services to be supplied by States request for the purpose of social economic development and guaranteeing national defense and security.

On the basis of States request, circumstance of social economic development and telecommunication market in each stage, States authority of post, telecommunication specifies the provisions of providing public beneficial telecommunication services.

Article 50. Implementation of obligation to provide public beneficial telecommunication services

1. Policies issued by State to ensure the necessary conditions for enterprises providing public beneficial telecommunication services are as follows:

a) Stipulating connection charges on the basis of cost and the contribution of the providing public beneficial telecommunication services;

b) Building up a Fund for public beneficial telecommunication services from the contribution of telecommunication enterprises and other financial sources.

2. The use of the Fund for public beneficial telecommunication services in order to provide public beneficial telecommunication services are carried out under the following forms:

a) to nominate enterprise providing public beneficial telecommunication service on the basis of evaluation of the enterprises project providing public beneficial telecommunication services;

b) to tender to select enterprise providing public beneficial telecommunication services.

Article 51. Management of providing public beneficial telecommunication service

1. Government regulates policies and specific measures for implementation of providing public beneficial telecommunication services on the basis of requirements for social economic development and the development of telecommunication market in each stage.

2. States authority of post, telecommunication specifies the public beneficial telecommunication services and manages and supervises the implementation of obligation to provide public beneficial telecommunication services of telecommunication enterprises.

3. Telecommunication enterprises are responsible to implement obligations to provide public beneficial telecommunication services in accordance with the provisions of law.

Section 6. TELECOMMUNICATION STANDARDS AND QUALITY

Article 52. Telecommunication standard and quality system

1. Standard and quality system of equipments, telecommunication network, network connection, telecommunication construction and services includes Vietnam Standard, industrys standards, local standards, foreign standards and international standards applied in Vietnam in accordance with the provision of law on standards, quality.

2. States authority of post, telecommunication announce types of equipments, telecommunication networks, telecommunication construction and services required to apply standard.

Article 53. Telecommunication standard, quality management

1. Forms of telecommunication quality management

a) Certification of standard satisfaction for telecommunication equipments;

b) Quality announcement to telecommunication network and telecommunication services;

c) Quality examination of telecommunication construction

2. Telecommunication equipments in the list required Certification of standard satisfaction, in the list of country permitted transaction in market or telecommunication network plug-in required quality satisfactory examination; telecommunication constructions in the list required evaluation are requested to examine before operation; public telecommunication network, basic telecommunication services; Internet connection service, Internet accessing service before operation, providing to users must conformed to standards stipulated by States authority of post, telecommunication.

3. Organizations, individuals doing business must announce the quality of equipments, telecommunication network and telecommunication service in conformity with respective basic standards and be responsible of standards, quality which he/she/it announced, except to equipments, telecommunication network and telecommunication service stipulated in paragraph 2 of this Article.

4. Government encourages organizations, individuals manufacturing or trading equipments, telecommunication networks and telecommunication service spontaneously to apply quality management system; to submit for certification of quality management system; spontaneously to submit for certification of standards, equipment quality fulfillment of telecommunication network, and telecommunication service, except cases provided in paragraph 2 of this Article.

5. States authority of post, telecommunication specifies on standard of management, telecommunication quality.

Article 54. Examination, measurement and certification of standard and quality fulfillment

1. States authority of post, telecommunication stipulates requirements for domestic and foreign examination organizations in order to serve quality management and announce the competent authority for examination and measurement.

2. Reciprocal recognition on certification of standard, telecommunication quality fulfillment among Vietnam and foreign countries and international organizations is implemented in accordance with the provisions of international treaties which Vietnam has signed or jointed.

Section 7. DISPUTE SETTLEMENT AND DAMAGE COMPENSATION IN PROVIDING, USING TELECOMMUNICATION SERVICES

Article 55. Dispute settlement

All parties providing, using telecommunication services are responsible to implement the concluded contracts. When disputes caused by contract violation have arisen; all parties would arrange agreement on dispute settlement; in case no agreement has been reached, competent authority or organization would be on the request to settle in accordance with the provisions of law.

Article 56: Charges refund and damage compensation

1. Enterprise providing telecommunication services of which the service quality are not guaranteed in accordance with the announced standards must refund the service user a part or whole the charges paid.

2. All parties providing, using telecommunication services are responsible to compensate damages that he/she/they made to other parties in providing or using the disqualified telecommunication services.

3. All parties providing, using telecommunication services does not have to compensate indirect damages or benefit lost caused by providing, using the disqualified guaranteed telecommunication services.

4. All parties providing, using telecommunication services are exempted from the responsibility to compensate damage in case of Force Majeure in accordance with the provisions of law.