Circular No. 14/2012/TT-BTTTT dated October 12, 2012 of the Ministry of Information and Communications prescribing charge rates for the terrestrial mobile communication service

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 14/2012/TT-BTTTT of October 12, 2012, prescribing charge rates for the terrestrial mobile communication service

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the June 20, 2012 Law on Price;

Pursuant to the Government’s Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications; and the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, amending and supplementing a number of articles of Decree No. 187/2007/ND-CP of December 25, 2007;

Pursuant to the Government’s Decree No. 25/2011/ND-CP of April 6, 2011, detailing and guiding a number of articles of the Law on Telecommunications;

At the proposal of the director of the Authority of Telecommunications;

The Minister of Information and Communications promulgates this Circular to prescribe charge rates for the terrestrial mobile communication service,

Article 1. Scope of regulation

This Circular prescribes charge rates for the terrestrial mobile communication service (below referred to as mobile communication service) and the management of telecommunications commodities exclusively used in the mobile telecommunications service (below referred to as special-use mobile communication commodities) aiming to ensure sustainable development of the mobile communication service and effective use of telecommunications resources.

Article 2. Subjects of application

1. State management agencies in charge of telecommunications.

2. Telecommunications businesses licensed to provide mobile communication services by the Ministry of Information and Communications (below referred to as mobile communication businesses).

3. Agents signing contracts with mobile communication businesses to distribute subscriber SIMs and payment cards (below referred to as distribution agents), and organizations and individuals signing contracts with distribution agents to sell subscriber SIMs and payment cards to customers.

4. Mobile communication service users (below referred to as service users).

Article 3. Interpretation of terms

In this Circular, the terms and phrases below are construed as follows:

1. Special-use mobile communication commodities include:

a/ Subscriber identity module (below referred to as SIM) means a device used to bear the subscriber number and store data and other related information for the provision and use of the mobile communication service. SIMs include:

- Blank SIM which is the one bearing no subscriber number.

- Subscriber SIM which is the one bearing a specific subscriber number.

b/ Mobile communication service payment card (below referred to as payment card) means a card topped up with an amount of money for payment of charge rates when using the mobile communication service. The par value of a payment card is equal to its top-up amount.

2. Telecommunications connection means a physical and logical link of telecommunications networks to enable users of a network access to those of another network and vice versa. Telecommunications connection covers:

a/ Connection of service users with a telecommunications network (below referred to as network connection) is the connection of terminal devices of subscribers with identified telecommunications resources (frequency, subscriber numbers, domain name, Internet address and other resources) with telecommunications network and with the telecommunications business’ system of devices (subscriber activation) on the basis of contracts signed between such telecommunications business and service users.

b/ Connection of telecommunications networks means the connection of telecommunications networks at any technically feasible point on telecommunications networks according to standards, quality and charge rates issued by the Ministry of Information and Communications on the basis of connection agreements between two or among various telecommunications organizations and businesses.

3. Mobile communication service charge rates are determined on the basis of the cost, market supply and demand and regional and international charge rates, comprising:

a/ Network connection charge rate means an amount of money payable by service users pay to mobile communication businesses upon contract signing in order to be connected to telecommunications networks. The unit of calculation is Vietnam dong (VND)/subscriber number.

b/ Subscription charge rate means an amount of money payable by service users to mobile communication businesses in order to use the latter’s mobile communication service within unit of time. The unit of calculation is VND/day, VND/month or VND/year.

c/ Communication charge rate means an amount of money payable by service users to mobile communication businesses in order to send and receive information (telex, data and image) via the latter’s telecommunications networks. The unit of calculation is VND/(minute, second) or VND/(Byte, Kbyte, Mbyte) or VND/(call, file, message, other units).

4. Price of subscriber SIM means an amount of money payable by service users to mobile telecommunications businesses in order to possess a subscriber SIM. The price of a subscriber SIM comprises the network connection charge rate and the price for the blank SIM. (For example: the network connection charge rate for the postpaid service is VND 35,000, the price of the blank SIM is VND 15,000, the price of a post-paid subscriber SIM will be VND 50,000).

Article 4. Charge rates for the terrestrial mobile communication service

1. The network connection charge rates are set at VND 35,000/post-paid subscriber number and VND 25,000/prepaid subscriber number. The network connection charge rates provided in this Clause may not be increased, decreased or promoted.

2. The network connection charge rates shall be paid once right after customers sign contracts to use the postpaid mobile communication service or buy prepaid subscriber SIMs.

3. Network connection is implemented only after a service user completes:

a/ Signing a contract and paying the subscriber SIM, for the postpaid mobile communication service.

b/ Buying a subscriber SIM, registering subscriber information and topping up money from the payment card to the account of the subscriber SIM, for the prepaid mobile communication service.

4. The subscription charge rates (if any) and communication charge rates shall be issued by mobile communication businesses and comply with regulations on management of telecommunications service charge rates issued by the Ministry of Information and Communications.

 Article 5. Management of special-use mobile communication commodities

1. The price of subscriber SIMs applicable to service users shall be issued by mobile communication businesses and comply with regulations on management of telecommunications service charge rates set by the Ministry of Information and Communications. Mobile communication businesses, distribution agents, and organizations and individuals selling subscriber SIMs shall post up prices and sell subscriber SIMs to service users at the prices set by mobile communication businesses.

2. A mobile communication business may not:

a/ Take the advantage of its market-dominating position to sell, promote, discount or reduce the price of subscriber SIMs at a rate lower than the total cost of blank SIM and network connection charge rate set in Clause 1, Article 4 of this Circular when selling subscriber SIMs to distribution agents and service users in order to create unfair competition and cause market instability.

b/ Top up into accounts of all subscriber SIMs in market circulation or are not yet connected to the network.

3. Only mobile communication businesses may distribute mobile communication payment cards. Mobile communication businesses shall:

a/ Notify the Ministry of Information and Communications of types of cards and their par values upon distributing payment cards.

b/ Examine and supervise distribution agents in selling subscriber SIMs and payment cards to organizations, individuals and service users under regulations.

Article 6. Provisions of implementation

1. This Circular takes effect on January 1, 2013.

2. The chief of the Office, the director of the Authority of Telecommunications,   heads of agencies and units of the Ministry, directors of provincial-level Departments of Information and Communications, directors general and directors of telecommunications businesses, and related organizations and individuals shall implement this Circular.

3. Any problems arising in the course of implementation should be reported to the Ministry of Information and Communications for consideration and settlement.-

Minister of Information and Communications
NGUYEN BAC SON