Circular No. 13/2016/TT-BTTTT dated May 25, 2016 of the Ministry of Information and Communications on regulations on incoming international call charges

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No.13/2016/TT-BTTTTdated May 25,2016of the Ministry of Information and Communications on regulations onincoming international call charges

Pursuant to the Law on telecommunication dated November 23, 2009;

Pursuant to the Law on Pricing dated June 20, 2012;

Pursuant to the Government s Decree No. 25/2011/NĐ-CP dated April 06, 2011 providing instructions on the implementation of a number of articles of the Law on telecommunication;

Pursuant to the Government’s Decree No.132/2013/NĐ-CP dated October 16, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Vietnam Telecommunications Authority,

The Minister of Information and Communications promulgates the Circular providing for incoming international call charges.

Article 1. Scope of adjustment

This Circular provides for incoming international call charges paid to fixed public telecommunications network (herein ‘fixed telecommunication network’) or to mobile telecommunications network (herein ‘mobile network’) by fixed telecommunications network or mobile network subscribers.

Article 2. Subject of application

This Circular applies to:

1.Telecommunications regulatory agencies;

2.Telecommunication enterprises

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1.Amount of incoming international calls (herein ‘amount’) means total amount of incoming international calls connected to subscribers of fixed telecommunications network or mobile network in Vietnam.

2.Normal average rate for incoming international calls refers to an average rate of the rates charged for incoming international calls as negotiated and signed with foreign partners by Vietnamese telecommunication enterprises over periods.

3. Extremely low reduction in international call charges over periods refers to the ratio of the difference between incoming international call charges negotiated with foreign partners by the enterprises and normal average rate of incoming international calls publicly announced by Vietnam Telecommunications Authority over the normal average rate of incoming international calls publicly announced by Vietnam Telecommunications Authority.

Article 4. Regulations on incoming international call charges

1.Enterprises transferring amount of incoming international calls shall pay VND 1,100/minute to fixed or mobile network connected to subscribers. Such charge is not subject to value-added tax.

2.Such charges as prescribed in Clause 1 include charges paid to enterprises for indirect connection via trunk network.

Article 5. Responsibility of Vietnam Telecommunications Authority

Based on the enterprises’ business performance of incoming international call service, Vietnam Telecommunications Authority shall make public announcement of normal average rate of incoming international calls andextremely low reduction in international call charges over periods.

Article 6. Rights and obligations of telecommunication enterprises

1.Amount-related issues:

Have the right to conduct negotiation with foreign partners on incoming international calls; A contract signed with foreign partners should be binding to guarantee the amount as committed.

b) Based the agreement signed with foreign partners, the enterprises may sign an agreement with other subscription enterprises (enterprises that have subscribers) to open channels according to monthly and annual amount plan;

c) Subscription enterprises shall be obliged not to limit transfer of amount and, at the same time, take measures to bind non-subscription enterprises (enterprises doing business in incoming international calls) to obligations for payment of charges, committed amount, illegal service business prevention and combat; ensure fairness among subscription enterprises, subscription enterprises and non-subscription enterprises, and among non-subscription enterprises.

2.For issues relating to normal average rate of incoming international calls:

Upon modifying incoming international call charges, enterprises should make notification to Vietnam Telecommunications Authority after three days at the latest since new charges take effect;

b) Telecommunication enterprises, based on Vietnam Telecommunications Authority’s public announcement of normal average rate of incoming international  calls, extremely low reduction in incoming international call charges over periods, charges as prescribed in Clause 1, Article 4 hereof, shall carry out negotiations with foreign partners on incoming international call charges to ensure benefits to Vietnam.

3.Connection and payment-related issues:

Telecommunication enterprises shall be obliged to carry out interconnection request as agreed in the interconnection agreement, provisions on interconnection as laid out in the Minister of Information and Communications ‘Circular No. 07/2015/TT-BTTTT and the contract signed with foreign partners for incoming international calls;

b) Telecommunication enterprises shall make adequate and timely payment for all interconnection charges and other expenses as prescribed or the agreement between enterprises in the area of incoming international call service.

4.Regarding coordination in the tasks of combating illegal incoming international call service business, relevant enterprises shall be responsible to:

Engage in signing and complying strictly with the agreement for coordination in combating international call charge fraud;

b) Reinforce cooperation with other enterprises and competent agencies in preventing and combating illegal incoming international call service business.

Article 7. Implementation effect

This Circular takes effect since July 15, 2016. Previous regulations concerning incoming international call charges inconsistent with Article 4 hereof shall be hereby annulled.

Article 8. Implementation provisions

1.Chief officers, director of the Vietnam Telecommunications Authority, heads of agencies, units affiliated to ministries, general directors, directors, telecommunication enterprises and relevant organizations and agencies shall be responsible for executing this Circular.

2.Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Information and Communications (Vietnam Telecommunications Authority) for consideration and handling./.

The Minister of Information and Communications

Trung Minh Tuan