Decision No. 953/2000/QD-TCBD dated October 17, 2000 of the General Department of Post and Telecommunications promulgating the regulation on telecommunication services on public switched telephone networks (PSTN)

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Issuing body:	General Department of Post and Telecommunications	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	953/2000/QD-TCBD	Signer:	Mai Liem Truc
Type:	Decision	Expiry date:	Updating
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THE GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No: 953/2000/QD-TCBD	Hanoi, October 17, 2000

DECISION

PROMULGATING THE REGULATION ON TELECOMMUNICATION SERVICES ON PUBLIC SWITCHED TELEPHONE NETWORKS (PSTN)

THE GENERAL DIRECTOR OF POST AND TELECOMMUNICATION

Pursuant to the Government’s Decree No.12/CP of March 11, 1996 defining the functions, tasks, powers and organizational structure of the General Department of Post and Telecommunications;
Pursuant to the Government’s Decree No.109/1997/ND-CP of November 12, 1997 on Postal Services and Telecommunications;
At the proposal of the director of the Postal Policy Department,

DECIDES:

Article 1.- To promulgate together with this Decision the "Regulation on Telecommunications Services on Public switched Telephone Network (PSTN)."

Article 2.- This Decision takes effect 15 days after its signing.

Article 3.- The director of the Office, the chief inspector, directors of the Departments for Postal Policies, Economic Planning, Science, Technology and International Cooperation, and heads of attached units of the General Department of Post and Telecommunications, the general director of Vietnam Postal Services and Telecommunications Corporation, the director of the Saigon Share-holding Postal and Telecommunications Services Company, the Army Electronic Telecommunication Company and the concerned telecommunications services-providing enterprises shall have to implement this Decision.

GENERAL DIRECTOR OF POST AND TELECOMMUNICATIONS

Mai Liem Truc

REGULATION

ON TELECOMMUNICATION SERVICES ON PUBLIC SWITCHED TELEPHONE NETWORKS (PSTN)
(Promulgated together with Decision No. 953/2000/QD-TCBD of October 17, 2000 of the General Director of Post and Telecommunications)

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope and objects

1. This Regulation prescribes the provision and use of basic telecommunications services on public switched telephone networks (PSTN), including telephone services, fax services, standard speech band data transmission services (0.3-3.4 kHz) and supplemental services to the above-named basic services (hereafter called collectively the fixed telecommunications services).

2. This Regulation governs the relationship between the fixed telecommunications service providers including telecommunications service-providing enterprises, telecommunications services re-selling enterprises (hereinafter called collectively the service-providing units) as well as telecommunications service agents (hereafter called the service agents) and agencies, organizations and individuals that use the fixed telecommunications services (hereinafter called collectively the service users).

3. The relationships among the fixed telecommunications services providers shall not be governed by this Regulation.

Article 2.- Term interpretation

In this Regulation, the following terms shall be construed as follows:

1. The public telephone networks are the fixed public switched telephone networks (PSTN) established by telecommunications services-providing enterprises to provide fixed telecommunications services on the basis of the permits for establishing public telecommunications networks and providing telecommunications services, granted by the General Department of Post and Telecommunications.

2. Local or long-distance ranges (charge zones) are the determined geographical ranges within which all calls are entitled to the uniform application of local or long-distance charge levels set by the General Department of Post and Telecommunications.

3. Two local or long-distance ranges (charge zones) are called adjacent if they share boundary.

4. Subscribers are the service users at registered addresses through services providing and using contracts signed with service-providing units.

5. Subscriber’s house is a location with definite address and range where the subscriber has the full power to use, as prescribed by law, the subscribed terminal equipment which is installed under the designation of the subscriber when signing the service providing and using contract with a service-providing unit.

6. Local cable is the cable section stretching from the main distribution frame (MDF) of the local switchboard to the cable end box.

7. The terminal box is the main distribution box, used for connecting local cable with the subscribed lines.

8. The subscribed line box is the box used for connecting the subscribed lines with the subscribed terminal equipment outlet.

9. The subscribed terminal equipment outlet is the socket where the subscribed terminal equipment is connected with the subscribed lines.

10. Fixed wireless subscription station (SS) includes the antenna, the power source and the subscribed terminal equipment installed at the subscriber�s house. The fixed subscription station is hooked up to the local switchboard through the base station (BS) of the service-providing units.

11. Private cables or lines are the cable or line sections privately owned by the subscribers, installed by the subscribers themselves or by organizations or individuals hired by the subscribers inside the subscriber’s house to the end connection points of the public switched telephone networks.

Article 3.- The State management of fixed telecommunications service provision and use

1. The General Department of Post and Telecommunications is the government body that performs the State management function over the activities of providing and using fixed telecommunications services throughout the country.

2. The regional Post and Telecommunications Departments are agencies attached to the General Department of Post and Telecommunications and performing the State management function over the activities of providing and using fixed telecommunications services in the localities under their respective management.

Article 4.- Establishing networks, providing and using fixed telecommunications services

1. Telecommunications service-providing enterprises are allowed to set up public switched telephone networks and provide fixed telecommunications services in strict accordance with the contents prescribed in the permits granted by the General Department of Post and Telecommunications. The procedures to apply for the permits to set up public switched telephone networks and provide fixed telecommunications services shall comply with the provisions in Circular No.04/1998/TT-TCBD of September 29, 1998 of the General Department of Post and Telecommunications.

2. The service agents are entitled to provide fixed telecommunications services to users in strict accordance with the provisions of the General Department of Post and Telecommunications and the contents prescribed in the service agency contracts signed with the service providers. The conditions for acting as fixed telecommunications services agents are prescribed in Circular 06/2000/TT-TCBD of September 29, 2000 of the General Department of Post and Telecommunications.

3. The telecommunications service-reselling enterprises are entitled to directly purchase fixed telecommunications services in form of flow purchase or capacity hiring through service purchase-sale contracts signed with service-providing enterprises and to resell the services they have purchased to service users in strict accordance with the contents prescribed in the service resale permits granted by the General Department of Post and Telecommunications. The procedures to grant the fixed telecommunications service resale permits shall comply with the provisions in Circular No.04/1998/TT-TCBD of September 29, 1998 of the General Department of Post and Telecommunications.

4. The services users may lawfully use fixed telecommunications services provided to them but must not deal in them illegally. The service users shall have to manage the subscribed terminal equipment and must not let other people use the subscribed terminal equipment, means and provided services for purposes contrary to those already prescribed in the service-provision and use contracts.

Article 5.- The parties’ rights and obligations in services provision and use

The rights and obligations of service providers, services agents and service users are specified in Circular No.04/1998/TT-TCBD of September 29,1998 of the General Department of Post and Telecommunications.

Chapter II

FIXED TELECOMMUNICATION SERVICES

Article 6.- Basic services

1. The basic services prescribed in this Regulation shall include the telephone services, fax services and services of data transmission in standard speech bands.

a) The telephone services are services for which telephone equipment are used to transmit information in form of sound or sound plus image (for videophone) in the standard speech bands through public switched telephone networks without altering form or contents of the information;

b) The fax services are services for which fascimile equipment are used to transmit ready-made information in form of documents, tables, writings, mails, diagrams, pictures, drawings (called collectively the fax message) in the standard speech bands through public switched telephone networks without altering form or contents of the information;

c) The services of data transmission in standard speech bands (hereinafter called data transmission services) are services for which low-speed dialing modems (speed of <64Kb/s) are used to transmit information in form of data in standard speech bands through public switched telephone networks without altering form or contents of the information.

2. According to the service-providing locations, the basic services prescribed in this Regulation shall include the services at subscribers’ houses and the services at public places.

a) The services at subscribers’ houses are services provided to the registered addresses of subscribers on the basis of the subscribed terminal equipment installed at the subscribers’ houses and hooked up to public switched telephone networks through the service-providing and using contracts signed between the subscribers and the services providers. The services at subscribers’ houses include:

- Subscribed telephone service;

- Subscribed fax service (telefax);

- Subscribed data transmission service.

b) Services at public places are the services provided to the service users on the basis of terminal equipment installed at public places by services providers. The public-place services shall include:

- Services with operators: public telephone, bureau fax, public data transmission;

- Services without operators: telephone, fax and data transmission for which the payment is made automatically with cards.

3. By mode of services exploitation, the basic services on public switched telephone networks, prescribed in this Regulation, shall include the direct dialing service and services through operators:

a) The direct dialing services are the services where the communications among terminal equipment or between terminal equipment and the equipment for access to service networks through public switched telephone networks are effected by mode of direct dialing (touch). The direct dialing service shall include:

- The local direct dialing;

- The domestic long-distance direct dialing;

- The international direct dialing.

b) Via-operator services are the services where the communications between terminal equipment or between terminal equipment and equipment for access to service networks via public switched telephone networks are effected by semi-automatic mode through the assistance of operators or call-connect guiding equipment. The via-operator service shall include:

- The dialing service;

- The people-searching service;

- The invitation card service;

- The home country direct (HCD) service;

- The restricted dialogue service;

- The collect call service;

- The information and consultancy provision service;

- Other services prescribed by the General Department of Post and Telecommunications.

4. According to the service-providing scope, the basic services prescribed in this Regulation shall include the local services, the domestic long-distance services and international services:

a) The local services are services where communications are established through public switched telephone networks between terminal equipment or between the terminal equipment and the service network access equipment within the same local range (charge zone);

b) The domestic long-distance services are services where communications are established through public switched telephone networks between terminal equipment or between the terminal equipment and the service network access equipment lying in different local ranges (charge zones);

c) The international services are services where communications are established through public switched telephone networks between terminal equipment or between the terminal equipment and the service network access equipment with at least one terminal equipment or service network access equipment being installed or registered for use in a foreign country.

5. By payment mode, the basic services on public switched telephone networks, prescribed in this Regulation, shall include the advance payment services and the deferred payment services:

a) The advance payment services are services for which the users pay charges to the service providers before using the services, in form of prepaid calling card and the service charges shall be gradually subtracted from the card till the end, depending on the communication range and time;

b) The deferred payment services are services for which the users pay charges to the service providers after using the services, based on the payment notices or charge bills issued by the service providers.

Article 7.- Supplemental services

Supplemental services are services additionally provided simultaneously with the basic services, thus creating favorable conditions for the service users, enriching and further improving the basic services on the basis of the technical properties of equipment or service capacity of the service providers.

Chapter III

FIXED TELECOMMUNICATIONS SERVICE PROVISION AND USE AT SUBSCRIBER’S HOUSES

SECTION 1. SERVICE-PROVIDING AND USING CONTRACTS

Article 8.- Form and venue for conclusion of contracts

1. A fixed telecommunication service-providing and using contract (hereinafter called the service provision and use contract) is the written agreement reached between the service provider and the service user on the provision and use of fixed telecommunications services at the subscriber’s house according to the provisions of law and the agreement reached between the parties.

2. Depending on the purpose, legal status of the service users, a service provision and use contract may be either an economic contract or a civil contract, governed by corresponding legal documents.

3. The venue for conclusion of a service provision and use contract shall be agreed upon by the service provider and the service user according to the provisions of law.

Article 9.- Model contracts

1. On the basis of the law provisions on contracts and the regulations of the General Department of Post and Telecommunications, the service providers shall have to elaborate and promulgate the model service provision and use contracts for uniform application within their respective units and report them to the General Department of Post and Telecommunications.

2. Apart from the major contents prescribed in the model contract, the contractual parties may mutually agree on other contents in the contract, which, however, must not be contrary to law provisions and must not infringe upon the State’s interests, public interests, the legitimate rights and interests of other people.

Article 10.- Refusing to sign contracts

Apart from the general provisions of law, the service providers may refuse to sign service provision and use contracts in the following cases:

1. The service provision cannot be realized due to economic and/or technical conditions of the telecommunications networks or equipment.

2. The service users have breached the legislation on postal service and telecommunications according to the conclusion of the competent State bodies and have failed to fulfill their responsibility according to the handling conclusions of the documents.

3. The service users have failed to fulfill their obligations to pay the prescribed service charges to other service providers if there have been the written agreement thereon between the service providers.

Article 11.- Concluding, amending and transferring contracts

1. The service provision and use at subscribers’ houses must be effected through service provision and use contracts

a) For the service-providing units, the signatories to the contracts must be their representatives at law or the representatives lawfully authorized by such units;

b) For users being individuals, the signatories to the contracts must be the persons having full civil act capacity as prescribed by law;

c) For users being agencies or organizations, the signatories to the contracts must be the representatives at law or the lawfully authorized representatives of such agencies or organizations.

2. Vietnamese Individuals, when concluding contracts, shall have to produce one of the valid personal papers affixed with their photos and embossed seals, granted by competent State bodies (people’s identity cards, army men’s identity cards, police identity cards….). If deeming it necessary, the service- providing units may request Vietnamese individuals to additionally produce their household registration books or certification of the police of wards or communes where they reside when entering into the contracts.

3. Foreign individuals, when entering into the service provision and use contracts shall have to produce their passports together with their permanent residence cards or temporary residence certification or temporary residence cards granted by competent State bodies.

4. For Vietnamese and foreign agencies and organizations lawfully operating on the Vietnamese territory, the service provision and use contracts must be signed by persons with full jurisdiction prescribed at Point c, Clause 1 of this Article and be affixed with valid seals as prescribed by law.

5. On the basis of law provisions and the telecommunications regulations of the General Department of Post and Telecommunications, the service providing units and the subscribers may agree to amend and supplement the already signed contracts and settle arising matters relating to such amendments and supplements.

6. Particularly for internal network owners (subscribers with internal networks prescribed in Clause 3, Article 22), in order to ensure the provision and use of telecommunications services to the right subjects and for the right purposes, when concluding, amending or supplementing the service provision and use contracts, the service providing units may request the internal network owners to supply while the latter shall have to supply the following relevant documents, materials and information:

a) The purpose of setting up the network and using the services;

b) The network structure and scale;

c) Type of subscribed terminal equipment;

d) The number of the internal network members (for charge-free internal networks).

7. When transferring whole or part of the production and/or business tasks to another service-providing unit, the service-providing unit shall have to transfer the continued performance of relevant contracts on service provision and use.

a) Within 30 days before the transfer, the transferring unit shall have to notify in writing the subscriber having contractual ties therewith of the contents of the transfer and the transferee. Within 10 days after receiving the notice, the subscriber having the contractual ties with the transferring unit may unilaterally suspend the performance of the contract and request the contract liquidation according to the provisions of law. Within the above-mentioned time limit of 10 days, if the subscriber does not request the contract liquidation, the transfer of contract is considered having been accepted by the subscriber;

b) The transferee is obliged to perform the transferred contract on service provision and use.

Article 12.- Termination and unilateral suspension of contract performance

1. A service provision and use contract shall terminate in the following cases:

a) Upon the agreement of the contractual parties;

b) The term of the contract has expired while no agreement on its extension is reached;

c) The contract is unilaterally suspended by the service-providing unit under the provisions in Clause 2 of this Article;

d) The contract is unilaterally suspended by the subscriber under the provisions in Clause 7 of Article 11, Clause 3 of Article 18 and Clause 3 of this Article;

e) Other cases as prescribed by law.

2. The service- providing unit may unilaterally suspend the contract performance when the subscriber:

a) Breaches the contractual terms, which have already been agreed upon by the two parties to be the suspension conditions; or

b) Breaches the legislation on postal service and telecommunications according to the written conclusions of the competent State bodies and fails to fulfill their responsibility according to the handling conclusion of the document.

When unilaterally suspending the contract performance, the service-providing unit shall have to notify it in writing to the subscriber 10 days before the suspension deadline.

3. The subscriber may unilaterally suspend the contract performance when:

a) The service-providing unit breaches the contractual terms, which the two parties have already agreed to be the suspension conditions; or

b) The subscriber deems that the continued performance of the contract is unnecessary or not useful.

When unilaterally suspending the contract performance, the subscriber shall have to notify it in writing to the service-providing unit 10 days before the suspension deadline.

Article 13.- Time for cessation of service provision and use upon the contract termination

1. For cases of contract termination prescribed at Point a, Clause 1, Article 12, the time for stopping the service provision and use upon the contract termination shall be the time inscribed in the contract, on which the two parties have agreed to terminate the contract.

2. For cases of contract termination prescribed at Point b, Clause 1, Article 12, the time for stopping the service provision and use upon the contract termination shall be the time when the valid term of the contract has expired but no agreement on its extension is reached.

3. For cases of contract termination prescribed at Point c, Clause 1, Article 12, the time for stopping the service provision and use shall be:

a) The time set in the written notice on unilateral suspension if the service-providing unit obtains the subscriber’s certification that the latter has received the written notice before such deadline; or

b) The time the service-providing unit obtains the subscriber’s certification that the latter has received the written notice on unilateral suspension, if the service-providing unit obtains such certification after the deadline stated in the notice.

4. For cases of contract termination prescribed at Point d, Clause 1, Article 12, the time for stopping the service provision and use shall be:

a) The time set in the written notice on unilateral suspension, if the subscriber obtains the service-providing unit’s certification that it has received the written notice before such deadline; or

b) The time the subscriber obtains the service-providing unit’s certification that it has received the written notice on unilateral suspension, if the subscriber obtains such certification after the deadline set in the written notice.

Article 14.- Contract liquidation

1. After terminating the contract, the service-providing unit and the subscriber shall proceed with the liquidation of the contract for service provision and use according to the provisions of law.

2. Upon the contract liquidation, the subscriber and the service- providing unit shall have to settle all debts to each other, which have been outstanding by the time of cessation of service provision and use prescribed in Article 13.

SECTION 2. CHANGING SERVICE-USING LOCATIONS, SERVICE-PROVIDING UNITS AND SUBSCRIBERS

Article 15.- Changing the service-using venues

1. When changing the service-using venue to a new place in the same province or centrally- run city, the subscriber shall have to supplement the old contract or sign a new contract and pay the charge for relocation of the service using venue according to the price and charge management regulations of the Government and the General Department of Post and Telecommunications.

2. When changing the service-using venue to a new place in another province or another centrally-run city, the subscriber shall have to fill in the procedures like the cases of new registration (liquidation of old contract, signing of a new contract and payment of charge for connection to the network at the new place).

Article 16.- Changing the service-providing units

The subscriber may change the service-providing unit. Upon such change, the subscriber shall have to liquidate the contract with the former service-providing unit and sign the contract with the new service-providing unit.

Article 17.- Changing subscribers

If a subscriber wishes to transfer the service use to another person without changing the service-using venue and the subscription number, the service use- transferring subscriber shall have to file a written proposal to the service-providing unit and liquidate the contract, while the service use transferee shall have to sign a new contract with the service-providing unit. In this case, the service-providing unit shall not collect the network connection charge but may collect charges for the service use transfer according to the price and charge management regulations of the Government and the General Department of Post and Telecommunications.

SECTION 3. CESSATION AND RESTORATION OF SERVICE PROVISION AND USE

Article 18.- The service- providing units suspend, stop and restore the service provision

1. If not otherwise agreed upon between the service-providing unit and the subscriber, the service-providing unit is entitled to:

a) Suspend the provision of part of the service (excluding urgent services prescribed in Clause 3 of Article 53), if after the charge payment deadline prescribed in the contract (in Clause 5 of Article 45) the subscriber still fails to fully pay the service charge according to the service charge payment notice or bill;

b) Suspend the provision of the entire service (excluding the urgent services prescribed in Clause 3 of Article 53), if within 15 days after the partial suspension of service prescribed at Point a, Clause 1 of this Article, the subscriber still fails to pay or has not yet fully paid the service charge according to the service charge payment notice or bill.

2. Within 60 days after the full service suspension, if the subscriber has fully paid the service charge as provided for at Clause 6 of Article 45 to the service-providing unit and requested the resumption of service use, the service- providing unit shall have to restore the service provision to the subscriber within 24 hours after the subscriber has fully paid the service charge.

3. The service-providing unit unilaterally suspend the contract performance and stop the service provision if within 60 days after the full service suspension the subscriber still fails to fully pay the service charge. In this case, the subscriber shall still have to pay the outstanding service charges, including the overdue debt interests and have to refill in the procedures for new registration (liquidating old contract, signing new contract and paying network connection charge), if having demand for resumption of the service use.

4. The suspension and cessation of service provision due to the subscriber’s failure to fully pay the service charge shall not apply to the subscribed machines in direct service of emergency communications prescribed in Clause 1 of Article 53.

5. In the course of service provision, the service-providing unit shall have to temporarily halt the service provision for the subscriber and at the same time report such to the General Department of Post and Telecommunications and regional Post and Telecommunications Departments for consideration and settlement according to regulations, if detecting and having enough grounds to conclude that:

a) The subscriber has breached the regulations in Clause 4, Article 4, on service use; or

b) The subscribed terminal equipment causes unsafety to the public switched telecommunication networks, the service- providing unit and the service user.

Article 19.- Subscribers temporarily halt and restore the service use

1. The subscriber may request in writing the suspension of full service use for a minimum duration of 30 days and a maximum duration of 180 days. Upon receiving the request of the subscriber, the service-providing unit shall temporarily halt the service provision and send a written reply to the subscriber certifying the temporary halt of service provision therefor.

2. The subscriber may request in writing the extension of the service use suspension duration, but the total number of days for the successive suspensions must not exceed 180 days from the time the service-providing unit issues the written approval of the first suspension.

3. During the service use suspension duration, if the subscriber requests in writing the restoration of service use and has fully paid the charges to the service-providing unit as prescribed by that time, within 24 hours after receiving the written request of the subscriber, the service-providing unit shall have to restore the service use for the subscriber.

4. If the service use suspension duration agreed upon by the two parties has expired and the subscriber make no written request for the extension of such duration, the service-providing unit shall restore the service provision for the subscriber and notify such in writing to the latter. The subscriber shall have to pay the charge in full to the service-providing unit as prescribed for from the time of service restoration.

5. If past the time limit of 180 days from the deadline set in the service-providing unit’s written approval of the first service use suspension the subscriber requests in writing the extension of the service use suspension duration, depending on the practical situation, the service-providing unit may accept or refuse the above-said request of the subscriber. In case of refusal, the service-providing unit and the subscriber shall effect the contract liquidation according to regulations.

6. During the service use suspension duration, the subscriber shall have to pay the service charges applicable to the service use suspension duration to the service-providing unit.

SECTION 4. THE END CONNECTION POINT OF PUBLIC SWITCHED TELEPHONE NETWORK

Article 20.- The subscribed lines, trunk lines and end connection points of the networks

1. The subscribed lines are the wire or wireless transmission lines connecting the local exchanges of the service-providing unit with the single-line subscribed terminal equipment (prescribed in Clause 1 of Article 22) of the subscriber.

2. The trunk lines are the wire or wireless transmission lines connecting the local exchanges of the service-providing unit with the multi-line subscribed terminal equipment (prescribed in Clause 1 of Article 22) of the subscriber. According to the technical standards, the trunk lines shall include:

a) Subscribed trunk lines;

b) Analogue trunk lines;

c) Digital trunk lines.

3. The end connection point of a public switched telephone network is the point on a subscribed line or trunk line, connecting the local exchange with the subscribed terminal equipment and determining the boundary of economic and technical liabilities between the service-providing unit and the subscriber.

Article 21.- The position of the end connection point of network

1. For subscribed wire line, if not otherwise agreed upon in the service provision and use contract, the position of the end connection point of a public switched telephone network is determined as the subscriber of:

a) The terminal box installed at the subscriber’s house if the conditions stated at Point a above are not met; or

b) The subscribed line box installed at the subscriber’s house if the conditions stated at Point a above are not met; or

c) The first subscribed terminal equipment outlet at the subscriber’s house, if the conditions stated at Points a and b above are not met.

2. For fixed wireless subscribed lines, if not otherwise agreed upon in the service provision and use contract, the position of the end connection point of the public switched telephone network is determined as the subscriber of:

a) The outlet at the subscribed terminal equipment set, if the subscribed terminal equipment is of fixed type; or

b) The original radio antenna of the service-providing unit if the subscribed terminal equipment is of the mobile type.

3. For wire trunk lines, if not otherwise agreed upon in the service provision and use contract, the position of the end connection point of the public switched telephone network is determined as the subscriber of:

a) The terminal box installed at the subscriber�s house; or

b) The board (table) connecting wires of the wire transmission equipment installed at the subscriber’s house, if the conditions stated at Point a above are not met; or

c) The board (table) connecting wire on the main distribution frame (MDF) of the multi-line subscribed terminal equipment installed at the subscriber’s house, if the conditions at Points a and b above are not met.

4. For wireless trunk lines, if not otherwise agreed upon in the service provision and use contracts, the position of the end connection point of the public switched telephone network is determined as the subscriber of:

a) The board (table) connecting the wireless transmission equipment installed at the subscriber’s house; or

b) The board (table) connecting wires on MDF of the multi-line subscribed terminal equipment installed at the subscriber’s house, if the conditions stated at Point a above are not met.

SECTION 5.- THE SUBSCRIBED TERMINAL EQUIPMENT AND INTERNAL NETWORKS

Article 22.- The subscribed terminal equipment and internal networks

1. The subscribed terminal equipment of the public switched telephone networks shall include the single-line subscribed terminal equipment (telephones, videophones, fascimiles, low-speed dialing modems or equipment with combined properties of the above-mentioned equipment) and the multi-line subscribed terminal equipment (private automatic branch exchange (PABX), equipment with call connecting function) installed at the subscribers’ houses for use of fixed telecommunication services.

2. Extensions are single-line subscribed terminal equipment installed and hooked up to the multi-line subscribed terminal equipment within the scope of the subscriber’s house.

3. In this Regulation, the internal network is the subscribed terminal equipment network, including multi-line subscribed terminal equipment, extensions and private cable network connecting multi-line subscribed terminal equipment with extensions, installed within the scope of the subscriber’s house for use of fixed telecommunications services.

4. According to the use purposes, the internal networks are classified into the charge-free internal networks and charged private internal networks:

a) The charge-free internal networks are the internal networks established by the subscribers within the limit of the subscriber’s house in order to ensure the internal communications for network members without charge collection. If the internal network subscribers (hereinafter referred to as the internal network owners) are individuals, the network members are members of family households and the internal network owners are the household masters or the persons authorized by the household masters according to the provisions of law. If the internal network owners are agencies or organizations, the status of the network members shall be determined according to operation charters, legal documents prescribing the organizational structures of such agencies and organizations or other relevant legal provisions.

b) The charged internal networks are the internal networks set up by network owners to provide fixed telecommunications services to service users within the limit of the subscribers’ houses and charges are collected from the service users according to the regulations of the Government and the General Department of Post and Telecommunications.

Entitled to set up charged internal networks shall be tourist accommodation establishments (hotels, tourist villages, villas, tourist apartments; tourist camping sites, etc.), inns, guest houses, restaurants, licensed for business or operation under the provisions of law and other cases stipulated by the General Department of Post and Telecommunications.

5. Subscribed terminal equipment on the list of those subject to standard compatibility certification, if being used on the public switched telephone networks, shall have to comply with the provisions in Circular No.01/1998/TT-TCBD of May 15, 1998 of the General Department of Post and Telecommunications on the management of quality of telecommunications supplies, equipment, networks and services.

6. Subscribed terminal equipment with radio wave radiation, if being used on public switched telephone networks, apart from the provisions in Clause 5 above, must comply with the provisions in Circular No.05/1999/TT-TCBD of October 6, 1999 of the General Department of Post and Telecommunications and other relevant regulations of the General Department of Post and Telecommunications on management and granting of permits for use of radio frequencies and radio transmitters.

Article 23.- Equipping, designing and installing subscribed terminal equipment and internal networks

1. The equipping, designing and installation of subscribed terminal equipment and internal networks must comply with procedures and regulations of the State as well as the General Department of Post and Telecommunication�s regulations on construction and installation of network projects and telecommunications equipment.

2. The subscribers may purchase by themselves terminal equipment or hire the terminal equipment of service-providing units.

3. For single-line subscribed terminal equipment, the subscribers may themselves design and install or hire other organizations or individuals to design and install them in the subscribers’ houses to the end connection points of the public switched telephone networks provided that each subscribed line shall be connected with 01 subscribed terminal equipment. Where more than 01 terminal equipment shall be installed on each subscribed line, the subscriber shall have to apply technical measures to ensure the connection techniques and service quality norms prescribed by the General Department of Post and Telecommunications.

4. For charge-free internal networks, the network owners may themselves design and install or hire other organizations or individuals to design and install them within the range from the subscribers’ houses to the end connection points of the public switched telephone network.

5. For charged internal networks, the network owners shall have to hire organizations or individuals with certificates of business registration for telecommunication network construction and equipment designing and installation to design and install them within the range from the subscriber’s house to the end connection points of the public switched telephone network.

Article 24.- Maintenance and repairing subscribed terminal equipment and internal networks

1. The subscribers may themselves undertake the maintenance and repair of the subscribed terminal equipment and internal networks being their property or hire other organizations or individuals to do such work.

2. For subscribed terminal equipment of service-providing units, the maintenance and repair thereof shall be undertaken by the service-providing units through contracts signed with the subscribers.

Article 25.- Hooking up subscribed terminal equipment, internal networks

1. Single-line subscribed terminal equipment shall be hooked up to local switchboards of public switched telephone networks by subscribed lines.

2. Multi-line subscribed terminal equipment shall be hooked up to local switchboards of public switched telephone networks by trunk lines.

3. The connection of terminal equipment and internal networks to public switched telephone networks shall be effected by service-providing units through service provision and use contracts. The network hook-up performed by service-providing units shall include:

a) Laying and connecting the subscribed line section or trunk line from the end connection point of a public switched telephone network to the local switchboard of the service-providing unit;

b) Programming the switchboard in order to provide numbers and signals to the subscribed line or trunk line of the internal network;

c) Testing call connection and testing services inscribed in the contracts through the subscribed line or trunk line of the internal network;

d) Making pre-acceptance test and hand-over report.

4. In addition to the regulations stated in Clause 3 of this Article, when hooking an internal network to the public switched telephone network, the service-providing unit shall have to coordinate with the subscriber in testing the measurement and quality of call connection, services and interface connection technical standards of the internal network.

5. When hooking up the subscribed terminal equipment and internal networks to the public switched telephone networks, the service-providing units shall have to refuse the network hook-up and request the subscribers and internal network owners to remedy the existing problems if detecting and having firm grounds to conclude that the installation of terminal equipment and internal network shall:

a) Fail to ensure the right purposes of using the telecommunication services as prescribed in the contracts; or

b) Fail to satisfy the technical standards prescribed by the General Department of Post and Telecommunications; or

c) Cause unsafety for the public switched telecommunications networks, service providers and users.

6. In case of disagreement with the refusal to hook up the subscribed terminal equipment and/or internal networks to the public switched telephone networks and with the requests of the service-providing units, the subscribers and internal network owners may request the General Department and Regional Departments of Post and Telecommunications to consider and settle their cases according to regulations.

7. The charge-free internal networks whose owners are individuals (the internal networks of family households) and the charged internal networks are not allowed to hook up directly to privately subscribed domestic and international channels.

8. For the subscribed terminal equipment and internal networks having been hooked up to privately subscribed domestic and international channels, the subscribers shall have to use the subscribed terminal equipment and internal networks for the right purposes inscribed in the contracts. The subscribers must not use or permit other people to use the subscribed terminal equipment and internal networks to relay by any mode (automatic or manual) all calls from terminal equipment not of their own or terminal equipment outside the internal networks through private subscribed channels and vice versa (both drections).

9. The subscribed terminal equipment installed in any local range (charge zone) may be hooked up to the local switchboards in that local range (charge zone). The service-providing units may hook up the subscribed terminal equipment to the local switchboards of the adjacent local range (charge zone) if the subscribers so request or agree and the economic and technical conditions permit the service-providing units to perform such hook-up.

SECTION 6. GRANTING AND USING SUBSCRIPTION NUMBERS

Article 26.- Subscription numbers

1. A subscription number is a group of numerals dialed (touched) on the terminal equipment by the subscriber for connection to another subscriber in the same local range (charge zone) or the same local switchboard.

2. For single-line subscribed terminal equipment, each subscribed line shall be given a subscription number of the public switched telephone network.

3. For multi-line subscribed terminal equipment:

a) Each subscribed trunk line is given a subscription number of the public switched telephone network;

b) Each digital trunk line and analogue trunk line is given one subscription number or a group of subscription numbers of the public switched telephone network.

4. Except special cases prescribed separately by the General Department of Post and Telecommunications, the numbers of extension telephones of an internal network are stipulated as follows:

a) The extension numbers which are not covered by the numbering zone of the public switched telephone network shall be stipulated by the internal network owners themselves.

b) The extension numbers which are covered by the numbering zone of the public switched telephone network and subleased by the internal network owners from the service-providing units shall comply with the regulations on management of numbers store as well as the management of prices and charges, issued by the Government and the General Department of Post and Telecommunications.

Article 27.- Changing subscription numbers

1. Where the service-providing units take initiative in changing the subscription numbers according to the numbering plan and the network development plan, which have already been approved by competent authorities, the service-providing units shall have to inform the subscribers 60 days in advance of the time and necessary information on the number change plan, guide the subscribers in using the services after the number change and bear all costs of the number change but shall not bear the responsibility for any indirect losses caused to the subscribers by the number change.

2. Where a subscriber does not relocate the service use venue but request the change of subscription number, if technical conditions permit, the service-providing unit shall change the number and guide the use thereof after the number change, while the subscriber shall have to pay charge for the number change according to the price and charge management regulations of the Government and the General Department of Post and Telecommunications.

Article 28.- Keeping intact subscription numbers

1. Where a subscriber changes the registered location for service use to a new location of the same province or centrally-run city and requests the keeping intact of his/her subscription number, if the technical conditions permit, the service-providing unit shall keep intact the subscription number and the subscriber shall have to pay charge for keeping the subscription number in tact to the service-providing unit according to the price and charge management regulations of the Government and the General Department of Post and Telecommunications.

2. Where a subscriber changes the service-providing unit but not the registered location for service use and requests the keeping in tact of subscription number, if technical conditions permit, the former service-providing unit and the new service-providing unit shall coordinate in effecting the keeping in tact of subscription number, while the subscriber shall have to pay charge therefor to the new service-providing unit according to the price and charge management regulations of the Government and the General Department of Post and Telecommunications. The new service-providing unit shall have to pay the expenses related to the keeping intact of the subscription number to the former service-providing unit according to the agreement reached between the two parties.

Article 29.- Public-telephone directory

1. The public-telephone directory is a collection of information relating to the names and addresses of subscribers, subscription numbers and other relevant information (if any), archived in form of traditional publication or electronic publication (books, CD-ROM discs, etc.) and printed, distributed and managed by the service-providing units according to the regulations of the General Department of Post and Telecommunications.

2. The subscribers may register or refuse to register their subscription numbers into the public-telephone directories. If the subscribers refuse to register their subscription numbers in the telephone directories, the service-providing units shall have to keep secret the information related to such subscribers, except for cases prescribed in Clause 1, Article 51 of this Regulation.

Article 30.- Assistance in consulting subscription numbers

1. The service on assistance in consulting the subscription numbers of the public switched telephone networks is the telephone service provided by the service-providing unit to help service users consult the local subscription numbers managed by the unit and registered in the public telephone directories. When a service user dials the subscription number-consulting service telephone number of the service-providing unit and request information on the name, address of a subscriber, he/she shall be informed of the to be- consulted local subscription number.

2. The General Department of Post and Telecommunications stipulates the subscription number-consulting service telephone numbers of the public switched telephone network in the national numbering plan. The service-providing units shall have to inform such numbers to the service users, publish in the public-telephone directories and announce on the mass media the subscription number-consulting service telephone numbers prescribed by the General Department of Post and Telecommunications.

3. The service-providing units shall have to provide the accessibility and exempt charges for subscription number consulting services on the public switched telephone network for service users by the following modes:

a) Organizing the implementation by themselves; or

b) Entrusting other service-providing units to implement it through contracts signed with such units.

Article 31.- Reporting failure of subscription numbers

1. The service for reporting failure of subscription numbers of the public switched telephone network is the telephone service provided by the service-providing units, which helps the service users inform such units of the abnormal operation or communication failure of local subscription numbers managed by the units and request the remedy therefor.

2. The General Department of Post and Telecommunications stipulates the failure informing service telephone numbers in the national numbering plan. The service-providing units shall have to inform such numbers to the service users, publish in the public-telephone directories and announce on the mass media the failure informing service telephone numbers prescribed by the General Department of Post and Telecommunications.

3. The service-providing units shall have to provide the accessibility and exempt charges for failure informing service of the public switched telephone network for the service users.

4. The service-providing units shall have to ensure the time for fixing the broken subscription numbers according to the standards already registered with the General Department of Post and Telecommunications.

Chapter IV

PROVIDING AND USING FIXED TELECOMMUNICATIONS SERVICES AT PUBLIC PLACES

Article 32.- Providing and using fixed telecommunications services at public places with operators

1. The service-providing units may establish public service-providing locations with operators to meet the demands of service users.

2. The service-providing units shall have to post up publicly, accurately and clearly the service time, the current service charge rates and necessary use instructions at public places with operators.

3. The service users at public places with operators must strictly adhere to the regulations of the service-providing units, the guidance of transaction personnel and fully pay the service charges as prescribed.

4. The service-providing units may refuse to provide services at public places if the service users violate the legislation on postal services and telecommunications.

Article 33.- Providing and using services at public places without operators

1. Depending on the practical conditions, the service-providing units may arrange and install public telephone cabins provided that:

a) The locations for installation of telephone cabins are convenient for service users and do not affect the public beauty, public order and surrounding environment;

b) The logo of each service-providing unit on telephone cabins must be uniform nationwide;

c) Posted up in the telephone cabins must be the service use instructions as well as the telephone service numbers of the public-telephone network for urgent calls or subscription number consultation.

2. The service-providing units shall have to issue and organize the sale of phone cards with prescribed par values to service users.

3. The service users shall have to strictly adhere to the rules and service use regulations and instructions posted up at service-providing locations without operators.

4. To strictly forbid acts of:

a) Making fake phone cards, using fake phone cards to make calls;

b) Destroying or using for wrong purposes public telephone cabins

Chapter V

PROVIDING AND USING FIXED TELECOMMUNICATIONS SERVICES THROUGH OPERATORS

Article 34.- Responsibility to provide services through operators

1. The telecommunication service-providing enterprises which set up networks to provide domestic long-distance and international service shall have to provide services of dialing numbers through operators as prescribed at Point b, Clause 3 of Article 6.

2. Apart from the above-stipulated number dialing service, depending on the practical conditions, the service-providing units may organize the service provision through other operators.

Article 35.- Responsibility of telephone operators

1. The telephone operators shall have to carry out the procedures to receive registration for via-operator telephone services, update information related to calls on professional prints or computers, connect calls strictly according to the operation process prescribed by the service-providing units.

2. The telephone operators shall have to absolutely keep secret all calls, must not inquire into or disclose the information contents of calls.

3. The telephone operators must provide highly responsible, polite, proper and cooperative services be willing to provide the use instructions for service users, must not receive or transfer on service users’ behalf telephone messages except for special cases to be separately stipulated.

4. The time limit for registration for via-operator telephone services shall be valid till the call finishes.

Chapter VI

FIXED TELECOMMUNICATIONS SERVICE CHARGES

Article 36.- Management of service charges

The management of fixed telecommunications service charges shall comply with Decree No.109/1997/ND-CP of November 12, 1997 of the Government on Postal Service and Telecommunications, Decision No.99/1998/QD-TTg of May 26, 1998 of the Prime Minister on the management of postal and telecommunications service charges and Circular No.03/1999/TT-TCBD of May 11, 1999 of the General Department of Post and Telecommunications.

Article 37.- Management of charge- calculating system

1. The service-providing units and the charged internal network owners shall have to exploit and manage the charge-calculating system under the uniform regulation within the units in order to ensure that charges are accurately calculated and invoices are issued to the service users.

2. The service-providing units and charged internal network owners shall have to register the inspection of the charge- calculating system according to the regulations of the General Department of Post and Telecommunications as well as competent State bodies.

3. In order to ensure the settlement of service users’ complaints and to meet the examination and inspection requirements of the General Department of Post and Telecommunications as well as competent State bodies, the service- providing units shall have to archive the original charge calculation data of the switchboards for at least 180 days.

Article 38.- The principles for determining the communication duration, range (charge zone) and charge-calculating units

1. The time of establishing communication is the time when the called party picks up the handset and reply or when there appears signal of picking up handset for automatic reply from terminal equipment (telephone equipment with information function, recording function, private branch exchanges, etc.) or when the call is transferred to speech mail box. The time of ending the communication shall be the time the switch board receives the signal of handset placing by the caller or the signal of handset placing by the called party according to the technical signal criteria of the General Department of Post and Telecommunications. The duration of a service user’s communications shall be counted from the time the communications are established till the time the communications end.

The service-providing units shall have to program the charge calculation for service users on the principle of determining the communication duration prescribed above.

2. The General Department of Post and Telecommunications shall prescribe and make public the local range (charge zones), domestic long-distance range (charge zone).

3. The General Department of Post and Telecommunications shall prescribe and make public the initial charge calculating units and subsequent charge calculating units for the basic services.

Article 39.- Service charges at subscribers’ houses

1. The service charges at the subscribers’ houses are the charges to be paid by the subscribers to the service-providing units for use of telecommunication services through service provision and use contracts. Regardless of service types, the service charges at subscribers’ houses shall include:

a) Charge for network hook-up;

b) Subscription charge;

c) Communications charge (if any);

d) Supplemental service charge (if any).

2. The network hook-up charge is the charge which a subscriber shall have to pay to the service-providing unit when the two parties sign a contract for installation, hook-up and use of the subscribed line or trunk line. The network hook-up is stipulated in Clause 3, Article 25 of this Regulation.

3. The subscription charge is stipulated according to the following principles:

a) The subscription charge is calculated for each subscribed line and a trunk line. Depending on the mode of connecting the subscribed terminal equipment to the public switched telephone network and the trunk line capacity, the subscription charge is prescribed at various level:

- The subscription charge for the subscribed line and the subscribed trunk line;

- The subscription charge for the analogue trunk line;

- The subscription charge for the numbering trunk line.

b) Subscription charge is not levied on parallel and extension telephones;

c) The distant subscription charge includes the channel subscription charge and the subscription charge;

d) If not otherwise agreed upon between the service-providing unit and the subscriber, the subscription charge shall be paid once a month;

e) If the time for service use is not in a full month, the subscription charge for such month shall be calculated as follows:

(The monthly subscription charge/30 days) X N days

N is the number of days counting from the time the service-providing unit hands over the communication apparatus to the subscriber to the last day of the month or the number of days from the first day of the month to the day of stopping the service provision and use.

4. The communication charge for local service is stipulated on the basis of the communication time according to the following principles:

a) When making the direct dialing, the subscriber shall pay the communication charge for the first local charge-calculating unit which is the minimum communication time of a call and for subsequent charge-calculating units (if any). The odd part of the last charge-calculating unit shall be rounded into a charge-calculating unit;

b) Calls made within a local charge zone shall all be subject to a uniform charge level regardless of the communication distance.

5. The domestic long-distance communication service charges are prescribed on the basis of communication duration, exploitation mode and long-distance charge zones according to the following principles:

a) When making direct dialing, the subscriber shall pay the communication charge for a long-distance charge-calculating unit which is the minimum communication time of each call and for the subsequent charge-calculating units (if any). The odd part of the subsequent charge-calculating unit shall be rounded into a charge-calculating unit;

b) When dialing through operators, the subscriber shall pay charge for the first long-distance charge-calculation unit which is the minimum communication duration for a call via operator and for subsequent charge-calculating units (if any). The odd part of the subsequent charge-calculating unit shall be rounded into a charge-calculating unit;

c) All calls within a long-distance charge zone (local calls) shall be entitled to a single charge level regardless of the communication distance;

d) Calls between long-distance charge zones (inter-zone calls) shall be liable to different charge levels according to charge zones.

6. The international telecommunication service charges shall be prescribed on the basis of communication time, exploitation modes and the called countries according to the following principles:

a) When making a direct dial, the subscriber shall pay communication charge for the first international charge-calculating unit which is the minimum communication time for each call and for subsequent charge-calculating units (if any). The odd part of the subsequent charge-calculating unit shall be rounded into a charge-calculating unit.

7. The charged internal network owners may collect from the service users at the subscriber’s house the communication charges and supplemental service charges (if any) and have to pay to the service-providing units the subscription charges, communication charges, supplemental service charge (if any) strictly according to the regulations of the General Department of Post and Telecommunications.

Owners of some charged internal networks may collect from service users surcharges in addition to communication charge and supplemental service charges. The Government shall stipulate the charged internal networks entitled to collect surcharge and the surcharge levels.

8. The owners of charged internal networks shall have to report to, and submit to the inspection and examination by, the General Department of Post and Telecommunications and competent State bodies on the collection of charges from the service users at the subscribers’ houses.

Article 40.- Service charges at public places

1. Depending on the service types (phone, fax, data transmission in speech bands), the service charges at public places with operators prescribed in this Regulation shall include:

a) Public telephone service charge;

b) Public fax service charge;

c) Public data transmission service charge.

2. The service charges at public places with operators are the charges to be paid by the service users to the service-providing units immediately after using the services at the public places. The charge for services with operators shall include:

a) Communication charge;

b) Service charge (if any);

c) Supplemental service charge (if any).

3. The card telephone service charges are the communication charges paid through automatic deduction from cards of the amount of money to be paid by the service users to the service-providing units for the first charge-calculating unit being the minimum communication time for each call and for subsequent charge-calculating units (if any). The odd fraction of the subsequent charge-calculating shall be rounded into a charge-calculating unit.

Article 41.- Communication charges for telephone services at public places

The communication charges for telephone services at public places with operators and card telephone service charges are prescribed according to the principles stated in Clauses 4, 5 and 6 of Article 39 and Clause 3 of Article 40 of the Regulation.

Article 42.- Communication charges for bureau fax

The bureau fax charges are stipulated on the basis of the number of fax pages and the communication range according to the following principles:

1. The users shall pay charge for the first A4 standard page (ISO) which is the minimum charge-calculating unit for each service use and the subsequent A4 pages (if any). The odd fraction of the last A4 page shall be rounded into one A4 page. Where a user sends fax pages of size smaller than A4 size, such fax pages shall be liable to the same charge for A4 fax pages;

2. The local communication charges shall apply according to the principles prescribed at Point b, Clause 4, Article 39 of the Regulation;

3. The domestic long-distance communication charges shall apply according to the principle prescribed at Points c and d, Clause 5, Article 39 of the Regulation;

4. The international communication charges shall be prescribed on the basis of the called countries.

Article 43.- The communication charges for data transmission services at public places

The communication charges for data transmission services at public places shall be prescribed on the basis of the communication range according to the following principles:

1. The local communications charges shall apply according to the principles prescribed at Point b, Clause 4, Article 39 of the Regulation;

2. The domestic long-distance communication charge shall apply according to the principles prescribed at Points c and d, Clause 5, Article 39 of the Regulation;

3. The international communication charges shall be prescribed on the basis of the called countries.

Article 44.- Charges for via- operator telephone services

1. The charges for via-operator telephone services shall include:

a) Communication charge;

b) Supplemental service charge (if any);

c) Service charge (if any).

2. The communication charges for via-operator telephone services are prescribed according to the following principles:

a) The communication charges shall not depend on whether the services are provided at subscribers’ houses or public places;

b) The service users pay communication charges according to the regulations at Point b of Clause 5, Point b of Clause 6 of Article 39 of the Regulation.

Article 45.- Making invoices and paying charges

1. The service-providing units shall have to make charge payment invoices accurately, fully and promptly for subscribers according to law provisions on invoice and voucher regime.

2. The service charge payment invoices must accurately, fully and clearly reflect at least the following contents:

a) The subscription charge;

b) The charge for each type of fixed telecommunication service;

c) The total payable charge;

d) The exchange rate between the foreign currency in which the charges are collected VND (if any);

e) The value-added tax (VAT).

3. For making monthly invoices according to contracts, except where the subscribers do not request the printing, the service-providing units shall have to supply the list of items entitled to single charge exemption together with the invoices to the subscribers for:

a) Domestic long-distance calls;

b) International calls;

c) Calls into mobile phone networks.

4. If not otherwise agreed upon between the service-providing units and the subscribers, the detailed lists enclosed to the service charge payment invoices supplied to the subscribers as stipulated above must contain at least the following information on each charged call:

a) Date of making the call;

b) The starting time and the ending time (or the starting time and the total duration) of the call;

c) The other number (international call: the country code, area code, subscription number; domestic call: area code; subscription number);

d) The money amount calculated for each call.

5. If not otherwise agreed upon between the service-providing units and the subscribers, the charge payment time limit is prescribed as 15 days from the date the subscribers receive the charge payment invoices or the first charge payment notice.

6. The service users shall have to pay service charges in full and on time to the service-providing units strictly according to the regulations of the General Department of Post and Telecommunications, the contractual terms and the charge payment invoices. In case of failure to make the payment on time, apart from the payable service charges as prescribed, the service users shall also have to pay the interests on overdue debts for each day of late payment on the total amount of deferred payment to the service providing units. The interest rate on late payment shall comply with the current regulations of the State Bank of Vietnam.

Chapter VII

TECHNICAL STANDARDS OF NETWORKS AND EQUIPMENT, AND FIXED TELECOMMUNICATION SERVICE QUALITY

Article 46.- The technical standards of public switched telephone networks

The establishment and exploitation of the public switched telephone networks must comply with the technical standards promulgated by the General Department of Post and Telecommunications or Vietnamese standards, recommended international standards announced by the General Department of Post and Telecommunications for compulsory application.

Article 47.- The technical standards of terminal equipment

The terminal equipment installed and used on the public switched telephone network must comply with the technical standards promulgated by the General Department of Post and Telecommunications or Vietnamese standards, recommended international standards already announced by the General Department of Post and Telecommunications for compulsory application.

Article 48.- Fixed telecommunications service quality standards

1. The service-providing units shall have to register with the General Department of Post and Telecommunications and publicize the quality standards of the fixed telecommunications services they provide. The service quality standards registered and announced by the service providing units must not be lower than the " quality standards of the telecommunication services on the public switched telephone network" promulgated by the General Department of Post and Telecommunications (TCN 68- 176:1998).

2. The service-providing units shall have to strictly comply with the committed provisions on service quality they have announced and prescribed in the contracts signed with the service users.

3. The charge calculation and the making of charge payment invoice for service users must comply with the standards promulgated by the General Department of Post and Telecommunications or Vietnamese standards, recommended international standards announced by the General Department of Post and Telecommunications for compulsory application.

4. The service-providing units shall have to report to the General Department of Post and Telecommunications regularly or irregularly on the quality of the provided telecommunications services on the public switched telephone network according to the regulations of the General Department of Post and Telecommunications and submit to the inspection and examination of the network and equipment standards as well as the service quality by the General Department of Post and Telecommunications and the competent State bodies.

Chapter VIII

NETWORK SAFETY AND INFORMATION SECURITY

Article 49.- Responsibility to ensure the network safety

1. The public switched telephone network is the national means for communications and information, which must be protected and not be infringed upon by anyone. Protecting the public switched telephone network is the responsibility of all agencies, organizations and individuals.

2. The service-providing units shall have to coordinate with local administrations and armed forces units in protecting the safety of the public switched telephone networks they have established and exploited.

3. The service agents and service users shall have to protect the subscribed private cables and terminal equipment, actively participate in the protection of the public switched telephone network, and at the same time inform the service-providing units or competent State bodies of acts of sabotaging the public switched telephone networks.

4. The service-providing units, service agents and service users are subject to the inspection and examination of the network safety by the competent State bodies.

Article 50.- Responsibility to ensure information security

1. The confidentiality and security of information on the public switched telephone networks shall be ensured under the Constitution and laws of the Socialist Republic of Vietnam.

2. The examination of the public switched telephone network operations and the information of agencies, organizations and individuals on the networks must be conducted by the competent State bodies according to the provisions of law.

3. All agencies, organizations and individuals are strictly forbidden to use the public switched telephone networks to spread information in order to oppose the Socialist Republic of Vietnam State; disrupt security and order; breach the morality, fine customs and practices, conduct smuggling and other law-breaking activities; or run counter to the international agreements or treaties which the Socialist Republic of Vietnam Government has signed or acceded to.

4. At the request of competent State bodies, the service-providing units, service agents and service users shall have to closely coordinate therewith and ensure necessary conditions for such agencies to inspect and control the information on the public switched telephone networks according to the provisions of law.

5. The service users shall take responsibility before law for the contents of the information they have transmitted on the public switched telephone networks.

6. The service-providing units, service agents and service users shall be subject to the inspection and examination by the competent State bodies regarding the assurance of security for information on the public switched telephone networks.

Article 51.- Keeping confidential of information

1. The service-providing units shall have to keep confidential all information relating to the service users such as names, addresses, telephone numbers, flows, except the following cases:

a) The users agree to publicize the above-mentioned information;

b) The service-providing units mutually agree in writing on the exchange of information on the service users who violate the legislation on postal service and telecommunications, or fail to fulfill their obligation of paying charges for the services they have used according to regulations;

c) When so requested by competent State bodies according to the provisions of law.

2. To strictly forbid the acts of:

a) Bugging or recording information transmitted on the public switched telephone networks;

b) Appropriating, canceling, tearing open, exchanging or disclosing the contents of, telegraphs of other persons.

3. The Party agencies and State bodies at all levels, armed forces units, foreign diplomatic missions and representations of international organizations enjoying the diplomatic status may use ciphers in their messages. Other subjects wishing to use ciphers in their message shall have to make registration with and obtain permission from competent State bodies.

Chapter IX

PROFESSIONAL CONTACTS AND URGENT CONTACTS

Article 52.- Professional contacts

1. The service-providing units are allowed to use domestic and international professional contacts through public switched telephone networks set up by themselves to discuss and settle matters related to the work of management and administration of exploitation, technical and professional treatment.

2. The service-providing units shall have to prescribe the use subjects, scope and extent and promulgate the regulations on management of professional contacts within their units.

3. To exempt service charges for operational apparatus of the service- providing units.

Article 53.- Urgent contacts

1. The service-providing units shall have to priotize the immediate service provision for the following case of urgent contacts:

a) Preventing and combating floods, storms, fires, natural disasters;

b) Emergency and combat against human epidemics;

c) Urgent information on defense, security,

d) Information on salvage and rescue of aircraft, ships in distress;

e) Other public-utility urgent information.

2. In the above-mentioned urgent cases, the General Director of Post and Telecommunications shall decide to mobilize part or whole of the public switched telephone networks for the service of these urgent requirements.

3. Urgent services on public switched telephone networks are the telephone services used for dialing urgent telephone numbers of the police, fire-brigades, health bodies and other agencies prescribed by the General Department of Post and Telecommunications.

4. The General Department of Post and Telecommunications shall prescribe the urgent service telephone numbers in the national numbering plan. The service-providing units shall have to inform the users, publish in the public telephone directories and announce on the mass media the urgent service telephone numbers prescribed by the General Department of Post and Telecommunications.

5. The service-providing units shall have to provide the accessibility and exempt charges for the urgent services on the public switched telephone networks for the service users.

Chapter X

COMPLAINTS AND CHARGE REIMBURSEMENT

Article 54.- The right to lodge complaints

1. The service users may lodge their complaints in person or through their lawful representatives about violations committed by service-providing units in providing services with such units or competent State bodies.

2. The service-providing units may lodge their complaints about violations committed by service users which have affected their operation and caused losses for their units with competent State bodies.

3. The complaints must be made in writing. The complainants shall have to supply papers and evidences relating to the complaints and bear responsibility for the contents of their complaints.

4. In the course of complaint, the complainants shall still have to fulfill the obligation of financial payment according to the provisions of law or the agreement reached between the parties.

Article 55.- Statute of limitation for complaint

1. The statute of limitation for service users� complaints about administrative violations by the service-providing units is stipulated as follows:

a) The statute of limitation for complaints about charges shall be 01 month from the date of receiving the first charge payment notice or bill, if the services are used at subscribers� houses; or 01 month after the charge payment, if the services are used at public places;

b) The statute of limitation for complaints about the service quality norms and other violations shall be 03 months from the date of using the services or committing the violations;

c) The statute of limitation for complaints about charges or service quality norms relating to foreign countries shall comply with the international agreements which Vietnam has signed or acceded to.

2. The statute of limitation for the service-providing units’ complaints about violations committed by service users is stipulated as follows:

a) The statute of limitation for complaints about charges shall be 01 months from the time of charge payment prescribed in Clause 5 of Article 45, if the services are used at subscribers’ houses; or 01 month from the date of service charge payment, if the services are used at public places.

b) The statute of limitation for complaints about other violations shall be 03 months as from the date the violations are committed.

3. Except for special cases prescribed by the General Department of Post and Telecommunications, the complaints must not be settled after the expiry of statute of limitations.

Article 56.- Addresses, order and time limits for settling complaints

1. The service-providing units shall have to inform the service users of the addresses for settlement of complaints so that the service users may file their complaints there. In case of changing the complaint-settling addresses, the service-providing units shall have to inform the service users of new addresses 01 month in advance.

2. The order and time limit for settling service users’ complaints about violation acts committed by the service-providing units are stipulated as follows:

a) The service-providing units shall have to notify in writing the receipt of complaints to the service users within 48 hours after the receipt of written complaints;

b) The service-providing units shall have to settle complaints and notify in writing the results of complaint settlement to the service users within no more than 02 months for domestic telecommunication services and 03 months for international telecommunication services as from the date of receiving the written complaints.

3. If the service users disagree with the complaint settlement by the service-providing units, they may, within 01 month after receiving the notice on results of complaint settlement, lodge their complaints with:

a) The immediate superior managing units of the service-providing units which have settled the complaints for further settlement. The time limit for settlement of further complaints by the immediate superior managing units shall be 02 months from the date such units receive the written complaints of the service users; or

b) The General Department of Post and Telecommunications or regional Departments of Post and Telecommunications for consideration and settlement according to the order and within the time limits prescribed by law or initiate lawsuits at courts for settlement according to the procedures prescribed by law.

4. The order and time limit for settling the service-providing units’ complaints about violation acts committed by service users are stipulated as follows:

a) The service-providing units’ written complaints shall be addressed to the General Department of Post and Telecommunications or regional Departments of Post and Telecommunications. The above-mentioned agencies shall settle complaints and notify the results thereof to the service- providing units according to the order and within the time limit prescribed by law; or

b) The service-providing units may initiate lawsuits at courts for settlement according to the procedures prescribed by law.

Article 57.- Charge reimbursement

If due to their faults, the service-providing units fail to ensure the service quality standards already announced or agreed upon in the contracts, they shall have to refund part or whole of the collected charges.

Chapter XI

INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

Article 58.- Inspection and examination

1. The service-providing units, service agents and service users shall be subject to the examination and inspection by the General Department of Post and Telecommunications regarding the provision and use of telecommunication services on the public switched telephone networks according to the provisions of law.

2. The examined or inspected service-providing units, service agents and service users shall have to accurately supply information and necessary documents relating to the inspection or examination contents and create conditions for the inspection, examination teams to perform their tasks; to strictly abide by decisions of the inspection, examination teams.

Article 59.- Handling violations

All violations in the provision and use of telecommunication services on the public switched telephone networks shall be handled according to Decree No. 79/CP of June 19, 1997 of the Government on sanctioning the administrative violations in the field of State management over postal services, telecommunications and radio frequencies, or be examined for penal liability according to the provisions of law.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 60.- Organization of implementation

1. Based on this Regulation, the service-providing units shall have the responsibility to:

a) Promulgate the process and procedures for service exploitation;

b) Disseminate the Regulation and relevant documents to their member units, service agents and service users and guide them in the implementation thereof.

2. If in the course of implementation any problems arise, the service- providing units, the service agents and service users shall report them to the General Department of Post and Telecommunications for consideration and settlement according to regulations.

Article 61.- Implementation effect

This Regulation takes effect for implementation from November 2, 2000. All previous stipulations contrary to this Regulation are annulled.

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Decision No. 953/2000/QD-TCBD dated October 17, 2000 of the General Department of Post and Telecommunications promulgating the regulation on telecommunication services on public switched telephone networks (PSTN)

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