Decree No. 160/2004/ND-CP dated September 03, 2004 of the Government detailing the implementation of a number of articles on telecommunications of the Post and Telecommunications Ordinance

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES ON TELECOMMUNICATIONS OF THE POST AND TELECOMMUNICATIONS ORDINANCE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the May 25, 2002 Post and Telecommunications Ordinance;

At the proposal of the Post and Telematics Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree details the implementation of a number of articles on telecommunications of the Post and Telecommunications Ordinance, which was passed on May 25, 2002 by the Standing Committee of the National Assembly.

2. The management, provision and use of Internet services shall comply with the provisions of the Government's Decree No. 55/2001/ND­CP of August 23, 2001 and the relevant provisions of this Decree.

Article 2.- Subjects of application

1. This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals engaged in telecommunications activities in Vietnam in the establishment of telecommunication networks; provision and use of telecommunication services; manufacture, export and import of telecommunication equipment; construction and installation of telecommunication works.

2. Where the international agreements which Vietnam has signed or acceded to contain telecommunication provisions different from those of this Decree, such international agreements shall apply.

Article 3.- Assurance of safety for telecommunication networks and information security

1. Telecommunication networks constitute a national information infrastructure, must be protected and must not be infringed upon. Local administrations, people's armed force units and telecommunication enterprises shall have to coordinate with one another in safely protecting public telecommunication networks. Owners of private-use telecommunication networks, owners of special-use telecommunication networks, telecommunications service agents and service users shall have to protect their telecommunication networks and terminal equipment, actively participate in protecting public telecommunication networks, and at the same time notify telecommunication enterprises or competent State bodies of acts that destroy or infringe upon public telecommunication networks.

2. In the process of participating in telecommunications activities, agencies, organizations and individuals shall have to assure safety for telecommunication networks and information security, submit to the management, inspection, examination by competent State bodies and comply with their telecommunication network safety and information security assurance requests.

3. In emergency cases prescribed by the emergency state legislation, part or whole of telecommunication networks may be mobilized for service under decisions of competent State bodies.

4. At the requests of competent State bodies, telecommunication enterprises shall have to arrange locations, telecommunication network access points as well as other technical and professional conditions for such bodies to control and assure information security.

5. Telecommunication enterprises shall coordinate with professional units of the Public Security Ministry in urgently preventing and stopping the provision of services in cases of using telecommunication and Internet services to instigate violence and riots, infringing upon national security and opposing the State of the Socialist Republic of Vietnam.

6. The Post and Telematics Ministry shall coordinate with the Public Security Ministry and concerned agencies in guiding the assurance of telecommunication network safety and information security in telecommunication activities.

Article 4.- Assurance of confidentiality

1. Agencies, organizations and individuals engaged in telecommunication activities must comply with the legislation on State secret protection and take responsibility before law for the information contents they put into, store and transmit in telecommunication networks.

2. Information classified as State secret must be encoded according to law provisions on cipher if it is to be transmitted on telecommunication networks. The use of encoding techniques to assure confidentiality in commercial and civil transactions must comply with law provisions.

3. Confidentiality for all organizations and individuals' private information transmitted via telecommunication networks shall be assured according to law provisions. It is strictly prohibited to eavesdrop or secretly record information on telecommunication networks; steal or illegally use passwords and cipher keys as well as private information of organizations and individuals.

4. Telecommunication enterprises shall have to assure confidentiality for private information related to telecommunications service users, including their names, addresses, callers' numbers and called numbers, call time and other private information which users have provided when entering into contracts with the enterprises, except for the following cases:

a/ Telecommunication service users agree on the supply of the above-said information;

b/ Telecommunication enterprises have reached written mutual agreements on the sharing of information on telecommunication service users that violate telecommunication legislation in order to prevent acts of shirking contractual obligations;

c/ Telecommunication enterprises have reached written mutual agreements on the sharing and supply of information on telecommunication service users in service of the calculation of charges, printing of bills and collection of charges from customers;

d/ Upon requests of competent State bodies according to law provisions.

5. The control of information on telecommuni­cation networks and Internet must be conducted by competent State bodies according to law provisions. Telecommunication enterprises, owners of private-use telecommunication networks, telecommunication service agents and users shall have to closely collaborate with, and fully supply relevant information to, competent State bodies so that the latter can detect, stop and handle acts of abusing telecommunication networks to carry out terrorist activities, infringe upon national security or social order and safety.

Chapter II

TELECOMMUNICATION NETWORKS AND SERVICES

Section 1. TERMINAL EQUIPMENT AND INTRANETS

Article 5.- Subscriber terminal equipment and intranets

1. Subscriber terminal equipment mean users' fixed or mobile terminal equipment connected to public telecommunication networks through the end points of public telecommunication networks.

2. Subscriber terminal equipment are categorized as follows:

a/ Single-line subscriber terminal equipment are terminal equipment which do not have the circuit-switching or call-connecting function, including: fixed telephone equipment, mobile telephone equipment, fax equipment, paging equipment, modems, wireless Internet access terminal equipment, computers, equipment having the combined functions of the above-said equipment;

b/ Multi-line subscriber terminal equipment are terminal equipment which have the circuit­- switching, call-connecting function, including PABX switchboards, wireless Internet access portal equipment and equipment with the call connecting function;

c/ Other subscriber terminal equipment as prescribed by the Post and Telematics Ministry.

3. Subscriber terminal equipment on the list of those subject to standard conformity certification, subscriber terminal equipment which transmit radio waves must comply with the regulations on standard conformity certification and on radio frequency and transmitter management and use if they are to be used on public telecommunication networks.

4. Intranet means a telecommunication equipment system established by an organization or individual (hereinafter called intranet owner) at a premises with a specified address and scope which the intranet owner has the full right to lawfully use for ensuring internal communication among the intranet members. Where the intranet owner is an individual, the intranet members shall be members of the household of which the intranet owner is the head or is a person authorized by the household head according to law provisions. Where the intranet owner is an organization, the network membership shall be determined according to the operation charter and legal document(s) prescribing the organizational structure and apparatus of such organization or to other relevant regulations.

5. Intranets are categorized into wire intranets (telecommunication equipment are linked together by telecommunication cables) and wireless intranets (radio equipment are linked together by radio waves or radio waves combined with telecommunication cables).

Article 6.- Positions of end points of public telecommunication networks

1. End points of public telecommunication networks are physical connection points belonging to the telecommunication networks, which satisfy technical standards to ensure the connection of service users' terminal equipment to the telecommunication networks.

2. End points of public telecommunication networks serve as a dividing line between the economic and technical responsibilities of telecommunication enterprises and those of service users. The scope from the end points to the users' side falls under the users' responsibility. The scope from the end points to the enterprises' side falls under the enterprises' responsibility.

3. Where telecommunication networks are used to provide telecommunication services for users via local loops (subscriber lines or trunk lines), unless it is otherwise agreed upon in the contracts between telecommunication enterprises and service users, the positions of end points of public telecommunication networks shall be determined to be on the subscriber side, which are:

a/ The last cable boxes installed in the subscribers' homes; or

b/ The subscriber line boxes or wire­connection slates of transmission equipment installed in the subscribers' homes if the condition stated at Point a above is not satisfied; or

c/The sockets for plugging the first subscriber terminal equipment (closest to the users) in the subscriber's homes, if the conditions stated at Points a and b above are not satisfied.

4. Where telecommunication networks are used to provide telecommunication services for users via satellite equipment (including transmitters or transreceivers) or base radio stations, or wireless Internet access portal equipment of telecommunication enterprises, if it is not otherwise agreed upon in the contracts between telecommunication enterprises and service users, the positions of the end points of public telecommunication networks shall be determined to be on the, subscriber side, being the antennas of the satellite equipment or antennas of the base radio stations or antennas of the wireless Internet access portal equipment.

Article 7.- Equipment, design, installation, maintenance, repair and connection of subscriber terminal equipment, intranets

1. Service users may purchase by themselves subscriber terminal equipment or hire them from telecommunication enterprises; may maintain, repair by themselves subscriber terminal equipment or intranets belonging to their properties or hire other organizations or individuals to do this work.

2. Service users may design and install by themselves subscriber terminal equipment or intranets within their premises up to the end points of public telecommunication networks or hire other organizations or individuals to do this work. The design and installation of subscriber terminal equipment and intranets must follow the State's procedures and rules and the Post and Telematics Ministry's regulations on construction and installation of telecommunication network facilities and telecommunication equipment.

3. The connection of subscriber terminal equipment and intranets to public telecommunication networks shall be effected by telecommunication enterprises under contracts signed with service users.

4. When connecting subscriber terminal equipment and intranets to public telecommuni­cation networks, telecommunication enterprises may refuse to connect and request service users to remedy problems if they detect and have sufficient grounds to make conclusions that the installation of subscriber terminal equipment or intranets:

a/ Fails to satisfy technical standards prescribed by the Post and Telematics Ministry; or

b/ Causes unsafety to public telecommuni­cation networks, telecommunication enterprises and service users; or

c/ Fails to ensure the service use purposes according to telecommunication regulations or the terms of the telecommunication service provision and use contracts.

5. For subscriber terminal equipment and intranets connected to exclusively leased channels, VSAT earth satellite station or Internet, telecommunication service users must use subscriber terminal equipment or intranets strictly for the right purposes stated in the telecommunication service provision and use contracts. They must not use or allow others to use subscriber terminal equipment or intranets for forwarding by any mode (automatic or manual) calls from terminal equipment they do not own or terminal equipment outside their intranets via exclusively leased channels, VSAT earth satellite station, Internet and vice versa (in both incoming and outgoing directions).

Section 2. TELECOMMUNICATION NETWORKS

Article 8.- Public telecommunication networks

1. Public telecommunication networks include:

a/ Fixed telecommunication networks:

- Fixed earth telecommunication networks;

- Fixed satellite telecommunication networks.

b/ Mobile telecommunication networks:

- Mobile earth telecommunication networks;

- Mobile satellite telecommunication networks.

c/ Other public telecommunication networks prescribed by the Post and Telematics Ministry.

2. Management and operation of public telecommunication networks.

a/ The Post and Telematics Ministry:

- To formulate and promulgate or submit to the Prime Minister for approval telecommuni­cation development strategies and plannings, including plannings on telecommunication networks and information resources;

- To submit to the Prime Minister for decision the establishment or cancellation of telecom­munication relations with foreign countries;

- To decide to close or open domestic long-distance telecommunication directions in service of public-utility, security and defense tasks after consulting the Public Security Ministry and the Defense Ministry.

b/ Ministries, branches, local administrations at all levels and the Post and Telematics Ministry shall have to coordinate with one another to ensure that:

- The planning, design and construction of urban centers, residential areas, industrial parks, export-processing zones, high-tech parks, new economic zones and other public facilities include the planning on such telecommunication works as telecommunication centers, public service points, antenna masts, cable culverts and tanks, in-house cable lines, etc.

- Viba transmission lines, optical-fiber cables and copper cables are constructed along roads, bridges, culverts, pavements, streets or power lines;

- Other public and welfare construction works do not affect or obstruct the operation of telecommunication network works which have been constructed as planned.

c/ Organizations or telecommunication enterprises, when establishing and operating telecommunication networks, must:

- Observe development plans and plannings already approved by competent State bodies;

- Have telecommunication licenses granted by the Post and Telematics Ministry under the provisions of this Decree;

- Have information resource allocation decisions (if any) of the Post and Telematics Ministry;

- Observe branch standards, Vietnamese standards and international standards on construction and installation of telecommuni­cation networks and works, promulgated or publicized by competent State bodies for compulsory application;

- Not cause harms to the environment and other socio-economic activities.

Article 9.- Local loops

1. Local loops constitute part of public telecommunication networks, including subscriber lines and trunk lines that connect local switchboards of  telecommunication enterprises to service users' subscriber terminal equipment.

2. Subscriber lines are wire or wireless transmission lines connecting local switchboards of telecommunication enterprises to users' single-line subscriber terminal equipment.

3. Trunk lines are wire or wireless transmission lines connecting local switchboards of telecommunication enterprises to users' multi­line subscriber terminal equipment. According to technical standards, trunk lines are categorized into subscriber, analog and digital trunk lines.

Article 10.- National telecommunication backbone systems

1. National telecommunication backbone systems constitute part of public telecommunication networks, including domestic and international long-distance transmission lines and international communication portals, which are of special importance to the operation of the whole national telecommunication network and directly affect the national socio-economic development and assurance of national security and defense.

2. The Post and Telematics Ministry performs the function of State management over the national telecommunication backbone systems through mechanisms, policies and regulations on licensing, interconnection of telecommuni­cation networks; interconnection standards, quality and charges, channel lease; common use of national communication infrastructures.

3. Only network infrastructure-operating enterprises which have licenses for establishment of domestic or international long-distance public fixed telecommunication networks can establish national telecommunication backbone systems and deal in the domestic or international long-distance channel lease service.

4. Network infrastructure-operating enter­prises which only have licenses for establish­ment of public mobile telecommunication networks may establish local and domestic long­distance transmission lines for connecting together the equipment systems belonging to their networks but must neither use these transmission lines for providing the channel lease service nor establish international communication portals.

5. Other telecommunication enterprises must not establish national telecommunication backbone systems but may lease domestic and international long-distance channels for establishing telecommunication networks and providing telecommunication services strictly according to their licenses.

Article 11.- Broadcasting

1. Broadcasting means the transmission of codes, signals, data, scripts, sounds, images and other forms of information by cable lines, radio waves, optic means and other electromagnetic means.

2. The Post and Telematics Ministry performs the function of State management over broadcasting nationwide:

a/ To submit to the Prime Minister for promulgation national broadcasting develop­ment strategies and plannings; organize and direct the implementation of such strategies and plannings after they are approved by the Prime Minister;

b/ To promulgate legal documents on licensing, frequencies, standards, quality and tariffs for performing the State management in the broadcasting domain;

c/ To organize the inspection, supervision and handling of law violations in broadcasting; assume the prime responsibility for, and coordinate with the Defense Ministry and the Public Security Ministry in, inspecting and controlling the broadcasting in service of defense and security.

3. Before being submitted to the Prime Minister for approval, socio-economic development plannings related to broadcasting must be evaluated by the Post and Telematics Ministry to ensure that they are in line with the strategies, plannings and law provisions on broadcasting.

Article 12,- Private-use telecommunication networks

1. Private-use telecommunication networks are the ones established by private-use telecommunication network owners to ensure communication among network members, including two or more telecommunication equipment installed in different places with specified addresses and scopes on the Vietnamese territory, which the network members have the full right to lawfully use and are connected together via public telecommuni­cation networks or transmission lines leased or constructed by the network owners themselves.

2. Private-use telecommunication network owners are Vietnamese agencies, organizations or enterprises or foreign agencies or organizations that operate on the Vietnamese territory and are licensed to establish private­use telecommunication networks according to regulations. Network members are members of the agencies, organizations or enterprises licensed to establish the networks. Membership is determined according to the operation charters and legal documents defining the organizational structures and apparatuses of such agencies, organizations or enterprises or to other relevant regulations.

3. Based on the transmission modes used for network establishment, private-use telecommunication networks are categorized into wire private-use networks (telecommuni­cation equipment are linked together by telecommunication cables), wireless private-use networks (telecommunication equipment are linked together by radio waves or radio waves combined with telecommunications cables).

4. Private-use telecommunication networks that require network establishment licenses include:

a/ Private-use telecommunication networks the members of which are Vietnamese agencies, organizations or enterprises or foreign agencies or organizations that lawfully operate in Vietnam, carry activities of similar nature or for similar purposes and are associated under their operation charters or legal documents defining the common organizational structure or common association forms and activities for their members.

b/ Wire private-use telecommunication networks which have transmission lines built by their owners themselves;

c/ Wireless fixed satellite and mobile satellite private-use 'telecommunication networks, excluding satellite private-use networks in mobile maritime, mobile aeronautical, broadcasting (radio and television) and amateur radio services;

d/ Wireless private-use telecommunication networks of Vietnam-based foreign diplomatic representations, consular offices, representative offices of international organizations, which enjoy diplomatic privileges and immunities.

e/ Other private-use telecommunication networks as prescribed by the Post and Telematics Ministry.

5. Except for the private-use telecommuni­cation networks stated in Clause 4 of this Article, other private-use telecommunication networks shall not require network establishment licenses but must comply with regulations on interconnection, numbering, radio frequency and transmitter use licensing.

Section 3. TELECOMMUNICATION SERVICES

Article 13.- Classification of telecommuni­cation services

1. Basic telecommunication services are services that instantaneously transmit users' information in the forms of signs, signals, data, scripts, sounds and images via telecommuni­cation networks or Internet without modifying the forms or contents of information sent and received via networks.

2. Basic services include:

a/ Fixed telecommunication services (local, domestic and international long-distance):

- Telephony service (voice, far., data transmission in audio tapes);

Data transmission service;

- Television signal transmission service;

- Channel lease service;

- Telex service;

- Telegraph service.

b/ Mobile telecommunication services (local, nationwide):

- Mobile earth communication service;

- Wireless trunk telephone service;

- Paging service;

c/ Fixed satellite telecommunication service;

d/ Mobile satellite telecommunication service;

e/ Maritime radio service;

f/Other basic services prescribed by the Post and Telematics Ministry.

3. Supplementary services are services additionally provided together with basic services, further diversifying and perfecting basic services on the basis of technical properties of equipment or servicing capability of telecom­munication enterprises. Telecommunication enterprises shall prescribe and publicize supplementary services they provide.

4. Value-added services are services that increase users' information use value by perfecting the information forms or contents or supplying the capability of storing and restoring such information on the basis of using telecommunication networks or Internet. Value added services include:

a/ E-mail service;

b/ Voice mail service;

c/ Network data and information access service;

d/ Electronic data exchange service;

e/ Value-added fax service, including storage and sending, storage and access;

f/ Code and protocol conversion service;

g/ Network data and information-processing service;

h/ Other value-added services prescribed by the Post and Telematics Ministry.

5. Internet services include:

a/ Internet connection service;

b/ Internet access service;

c/ Internet application service in telecommuni­cations.

6. Basing itself on the post and telecom­munication development strategy and telecommunication service market planning for each period, the Post and Telematics Ministry shall promulgate the list of basic and value added telecommunication services.

Article 14.- Resale of telecommunication services

1. Resale of telecommunication services is the form of direct purchase of telecommunication services from telecommunication enterprises on the basis of capacity leasing or traffic purchase through contracts signed with such telecommunication enterprises for providing telecommunication services for users. Resale of telecommunication services includes resale of terminal services and resale of services on the basis of leasing domestic or international long-distance channels.

2. Resale of terminal services:

a/ When reselling terminal services, all organizations and individuals shall be obliged to make business registration and pay taxes according to law provisions and sign service resale agency contracts with telecommunication enterprises and observe regulations on manage­ment of telecommunication service resale tariffs;

b/ For fixed telecommunication services, organizations and individuals may establish systems of fixed subscriber terminal equipment within the premises which they have the full right to lawfully use and resell services to users within such premises according to the right forms and quality agreed upon in the agency contracts on the basis of leasing local loops (trunk lines, subscriber lines) of telecommunication enterprises;

c/ For mobile telecommunication services, organizations and individuals may supply (sell or lease) mobile subscriber terminal equipment and resell services to users according to the right forms and quality agreed upon in the agency contracts on the basis of purchasing traffic of telecommunication enterprises.

3. Resale of services on the basis of leasing domestic and international long-distance channels:

a/ Network infrastructure-operating enter­prises may install telecommunication equipment systems within the premises they have the full right to lawfully use for resale of telecommuni­cation services nationwide on the basis of leasing domestic and international long-distance channels of other telecommunication enterprises;

b/ Telecommunication service-providing enterprises may install telecommunication equipment systems within the premises they have the full right to lawfully use for reselling telecommunication services within industrial parks, export-processing zones and/or high-tech parks on the basis of leasing domestic and international long-distance channels of other telecommunication enterprises. Basing itself on the telecommunication development strategies and plannings, the Post and Telematics Ministry shall consider and decide on the cases of resale of telecommunication services outside industrial parks, export-processing zones or high-tech parks.

4. The Post and Telematics Ministry shall issue detailed regulations on technical and professional matters relating to the resale of telecommunication services such as the list of telecommunication services permitted for resale, subjects permitted to resell services, resale scope, and tariffs for service resale, numbering, interconnection and channel lease.

Article 15.- Telecommunication service provision and use contracts

1. The provision and use of telecommuni­cation services shall be effected on the basis of contracts signed between telecommunication enterprises and service users.

2. Service provision and use contracts shall be expressed in writing, orally, payment modes or by other specific acts as provided for by law.

3. Where service provision and use contracts are expressed in writing:

a/ Basing themselves on law provisions on contracts and regulations of the Post and Telematics Ministry, telecommunication enterprises shall have to formulate and promulgate model telecommunication service provision and use contracts for uniform use within the whole enterprises. To guarantee the interests of telecommunication service users, the Post and Telematics Ministry shall prescribe a number of essential universal telecommuni­cation services; telecommunication enterprises shall have to formulate model contracts and submit them to the Post and Telematics Ministry for approval;

b/ In addition to the principal contents prescribed for model contracts, the contractual parties may reach agreements on other contents of their contracts provided that such contents are not contrary to law provisions, do not infringe upon the State's interests, public interests, legitimate rights and interests of other organizations and individuals.

Article 16.- Refusal to provide services

In addition to general law provisions on contracts, telecommunication enterprises may refuse to enter into contracts or unilaterally suspend the performance of contracts signed with service users in the following cases:

1. Service users commit violations of the telecommunication legislation according to written conclusions of competent State bodies and fail to fulfil their responsibilities according to such written handling conclusions.

2. Service users breach the contract terms which the two parties have agreed to be conditions for contract suspension.

3. Service users shirk their obligation to pay service charges as prescribed to another telecommunication enterprise, if telecommuni­cation enterprises have reached mutual written agreement on this matter.

Article 17.- Professional communication and urgent communication

1. Professional communication:

a/ Telecommunication enterprises may use domestic and international professional communication via telecommunication networks they have established for managing and administering their operation and dealing with technical and professional matters.

b/ Telecommunication enterprises shall have to prescribe the use subjects, scope and degree and issue regulations on management of professional communication within their enterprises according to the regulations of the Post and Telematics Ministry;

c/ Service charges shall be exempt for professional communication of telecommuni­cation enterprises.

2. Urgent communication:

a/ Telecommunication enterprises shall have to promptly provide priority services for urgent communication cases prescribed in Article 7 of the Post and Telecommunication Ordinance.

b/ Urgent services are local telephone services used to call emergency service numbers of police, fire-fighting, first-aid and other agencies prescribed by the Post and Telematics Ministry;

c/ The Post and Telematics Ministry shall prescribe emergency service numbers in the national telecommunication numbering plan. Telecommunication enterprises shall have to notify users of, publish in public telephone directories, and publicize on the mass media, emergency service numbers prescribed by the Post and Telematics Ministry;

d/ Telecommunication enterprises shall have to provide service users with the possibility to access emergency services free of charge.

Article 18.- Subscriber numbers and public telephone directories

1. Subscriber number is a combination of numerals dialed (pressed) by a service user on the subscriber terminal equipment for connecting to another service user in the same numbering area or service network.

2. Public telephone directories are collections of information relating to the names, addresses, subscriber numbers and other relevant information (if any) of service users, stored in the form of traditional or electronic publication, and printed, distributed and managed by telecommunication enterprises according to the regulations of the Post and Telematics Ministry.

3. Service users may register or refuse to register their subscriber numbers in public telephone directories. If service users refuse to register their subscriber numbers in public telephone directories, telecommunication enterprises shall be responsible for keeping confidential information relating to such service users, except for the cases prescribed in Clause 4, Article 4 of this Decree.

Article 19.- Telephone directory assistance 1. Telephone directory assistance service is a telephony service provided by telecommuni­cation enterprises to help service users to find out local subscriber numbers managed by the enterprises and registered in public telephone directories. When service users call the telephone directory assistance service numbers of telecommunication enterprises and give information relating to the names or addresses of service users, they shall be informed of the local subscriber numbers they look for.

2. The Post and Telematics Ministry shall prescribe the telephone directory assistance service numbers of telephone networks in the national numbering plan.

3. Telecommunication enterprises shall have to notify service users of, publish in public telephone directories, and publicize on the mass media, telephone directory assistance service numbers prescribed by the Post and Telematics Ministry.

4. Telecommunication enterprises shall have to provide service users with the possibility to access the telephone directory assistance service free of charge by the following modes:

a/ Self-organization of the provision; or

b/ Entrusting and signing contracts with other organizations or telecommunication enterprises to organize such provision.

Article 20.- Notification of subscriber number malfunctions

1. The service of notification of malfunctions of subscriber numbers of public telephony networks is a telephony service provided by telecommunication enterprises to help service users to notify the enterprises of the abnormal operation or communication disruption of local fixed subscriber numbers managed by such enterprises and requesting the remedy of such malfunctions.

2. The Post and Telematics Ministry shall prescribe the subscriber number malfunction notification service numbers of local fixed telecommunication networks in the national numbering plan. Telecommunication enterprises shall have to notify service users of, publish in public telephone directories, and publicize on the mass media, the subscriber number malfunction notification service numbers prescribed by the Post and Telematics Ministry.

3. Telecommunication enterprises shall have to provide service users with the possibility to access the subscriber number breakdown notification service free of charge.

Article 21.- Billing and payment of charges

1. Telecommunication enterprises shall have to make bills for payment of service charges in an accurate, full and timely manner for service users. Service users shall have to pay charges in a full and timely manner for using the services provided by the enterprises according to the prescribed tariffs.

2. Service charge payment bills must accurately, fully and clearly contain at least the following details:

a/ Charge for each type of telecommunication service;

b/ Total charge to be paid;

c/ The rate of exchange between the foreign currency for charge collection and Vietnam dong (if any);

d/ Value added tax (VAT).

3. For the monthly billing under contracts, unless the users do not so request, telecommunication enterprises shall have to provide, or entrust other telecommunication enterprises under contracts to provide, users with the bills enclosed with the detailed lists free of charge for once, enumerating:

a/ Domestic long-distance calls;

b/ International calls;

c/ Calls to the mobile communication networks.

4. Unless otherwise agreed upon between telecommunication enterprises and service users, the detailed lists enclosed with the charge payment bills must contain at least the following information on each charged call:

a/ Date of the call;

b/ Starting time and ending time or starting time and total call time;

c/ Called number (international call: country code, area code, subscriber number; domestic call: area code, subscriber number);

d/ Charge amount for each call.

Article 22.- Cross-border provision and use of telecommunication services

1. The cross-border provision of telecom­munication services by foreign telecommuni­cation enterprises for telecommunication service users on the Vietnamese territory must be effected under business contracts or commercial agreements with Vietnamese enterprises which manage and operate international communication portals.

2. The use of telecommunication services by users on the Vietnamese territory must be effected under contracts signed with Vietnamese telecommunication enterprises.

3. Basing itself on international practices, regulations on maritime, aeronautical safety assurance and Vietnamese telecommunication enterprises' capability of providing telecom­munication services, the Post and Telematics Ministry shall prescribe the cross-border provision and use of telecommunication services for vessels in the sea and aircraft in the space of Vietnam and other special cases.

4. Vietnamese telecommunication enter­prises licensed to provide telecommunication services abroad must observe Vietnamese law provisions and law provisions of the countries where they provide telecommunication services.

Chapter III

SERVICE PROVISION AND USE PARTIES

 Article 23.- Telecommunication enterprises with telecommunication services holding dominant market shares

1. Telecommunication enterprises with telecommunication services holding dominant market shares are enterprises having their turnover or traffic market shares accounting for over 30% of total turnover or traffic of the type of telecommunication service in the geographical areas where they are licensed to provide, which may directly affect the penetration into such service market by other telecommunication enterprises.

2. Annually, the Post and Telematics Ministry shall identify and publicize telecommunication enterprises with telecommunication services holding dominant market shares.

3. Telecommunication enterprises with telecommunication services holding dominant market shares shall have the rights and obligations prescribed in Clause 2, Article 39 of the May 25, '2002 Post and Telecommunication Ordinance.

Article 24.- Telecommunication enterprises holding essential means

1. Telecommunication enterprises holding essential means are those holding over 30% of the capacity of the local loop in the geographical area where they are licensed to provide or over 30% of the capacity of domestic or international long-distance transmission channels; or over 30% of the number of base radio stations of the mobile earth communication network.

2. Annually, the Post and Telematics Ministry shall identify and publicize telecommunication enterprises holding essential equipment.

3. Telecommunication enterprises holding essential means shall have the responsibility:

a/ To plan and invest in building telecom­munication networks to ensure the capacity of servicing the network interconnection and the transmission of the traffic of telecommunication services;

b/ To create favorable conditions for the negotiation and interconnection of networks and services between telecommunication enterprises' telecommunication networks in a fair and rational manner on the basis of efficient use of telecommunication resources and common use of interconnection positions and technical infrastructures under interconnection agreements between the involved parties;

c/ To formulate and submit to the Post and Telematics Ministry for approval model interconnection agreements for uniform application to telecommunication enterprises that have interconnection requests.

Article 25.- Telecommunication service agents

1. Organizations and individuals that wish to provide telecommunication services for users in the form of telecommunication service agency must sign telecommunication service agency contracts with telecommunication enterprises and make business registration according to law provisions. Telecommunication service agents are classified into commission agents and resale agents.

2. Commission agents may establish single­line subscriber terminal equipment in the premises which they have the full right to lawfully use; link subscriber terminal equipment to public telecommunication networks by subscriber lines for providing telecommunication services in such premises strictly according to the prescribed service forms, quality and tariffs for commissions.

3. Resale agents may establish subscriber terminal equipment systems (single-line and multiple-line) within the premises they have the full right to lawfully use; link their terminal equipment systems to telecommunication networks by trunk lines or subscriber lines for reselling terminal services in such premises strictly according to the telecommunication service resale regulations of the Post and Telematics Ministry.

4. On the basis of law provisions on contracts and the Post and Telematics Ministry's regulations, telecommunication enterprises shall have to formulate and promulgate model telecommunication service agency contracts for uniform application within their enterprises.

5. Telecommunication service agents shall submit to the inspection and supervision by the Post and Telematics Ministry and competent State bodies of their provision of telecommuni­cation services.

Article 26.- Reporting regime of telecom­munication enterprises

1. The Post and Telematics Ministry shall prescribe and promulgate report forms for uniform application to telecommunication enterprises.

2. Telecommunication enterprises shall have to regularly or irregularly report to the Post and Telematics Ministry on their manufacture, business, technical and professional activities at the latter's requests and shall be accountable for the accuracy and timeliness of the reported contents and data.

3. Telecommunication enterprises shall have the responsibility to evidence their reported data if the Post and Telematics Ministry so requests and create conditions for the Post and Telematics Ministry to verify the reported data when necessary.

4.. Telecommunication enterprises that violate the reporting regime shall be sanctioned according to current law provisions.

Chapter IV

INTERCONNECTION

Section 1. INTERCONNECTION OF PUBLIC TELECOMMUNICATION NETWORKS

Article 27.- Interconnection principles

The Post and Telematics Ministry shall formulate and promulgate interconnection regulations on the following principles:

1. Telecommunication enterprises may request to connect their telecommunication networks to telecommunication networks or services of other enterprises, and at the same time are obliged to allow other telecommuni­cation enterprises to connect to their telecommunication networks or services under fair and rational conditions.

2. The interconnection of telecommunication networks must be effected on the basis of efficient use of telecommunication resources and technical infrastructures which have been invested and constructed.

3. Service users are guaranteed to:

a/ Freely select telecommunication enterprises in an convenient and easy manner;

b/ Communicate with any users, regardless of which telecommunication enterprises such users have signed contracts with;

c/ Be provided with services and pay charges in a convenient and rational manner.

4. Technical requirements for interconnection are guaranteed to:

a/ Conform to the interconnection standards promulgated by the Post and Telematics Ministry;

b/ Ensure safety and integrity of each network and the entire public telecommunication networks.

5. Interconnection tariff shall be formulated on the basis of costs, rationally divided for the network components or service phases without discrimination among various types of service. Where the interconnection tariff is inclusive of amounts contributed for the provision of public-utility telecommunication services; such amounts must be clearly stated.

Article 28.- Model interconnection agreements

1. Telecommunication enterprises holding essential means shall have to formulate model written interconnection agreements with transparent and non-discriminatory conditions and submit them to the Post and Telematics 1'zinistry for approval.

2. After being approved, model written interconnection agreements shall be made public for uniform application to all telecom­munication enterprises that have interconnection requests.

3. In addition to the major contents prescribed in model written interconnection agreements, interconnecting enterprises may reach agreements with one another on other contents of such agreements provided that such contents are not contrary to law provisions and do not infringe upon the State's interests, public interests, legitimate rights and interests of other organizations and individuals.

Article 29.- Interconnection points

1. Interconnection points are points lying on the routes that interconnect two telecommuni­cation networks, used to define economic and technical responsibilities between two telecommunication enterprises.

2. The geographical positions of interconnection points: unless otherwise agreed upon in the interconnection agreements of interconnecting enterprises or otherwise requested by the Post and Telematics Ministry, the geographical positions of interconnection points are prescribed as follows:

a/ Geographical positions of interconnection points for local communication are local switchboards or local tandem switchboards;

b/ Geographical positions of interconnection points for domestic long-distance communication are local tandem switchboards or long-distance switchboards;

c/ Geographical positions of interconnection points for international communication are long distance switchboards or international switchboards;

d/ Geographical positions of interconnection points for mobile communication are local tandem switchboards or long-distance switchboards or mobile switchboards.

3. The positions of interconnection points within a network structure are trunk portals of interconnected switchboards.

4. The number of interconnection points shall be agreed upon by the interconnecting telecommunication enterprises themselves, provided that it must abide by the interconnection principles prescribed in Article 27 of this Decree.

Article 30.- Common use of positions and common use of infrastructures

1. Common use of positions.

a/ Interconnecting telecommunication enterprises shall apply the principle of common use of positions to interconnection points at all places where practical conditions permit in order to improve efficiency in the use of ground areas, reduce costs and create favorable conditions for interconnecting enterprises.

b/ There are two methods of commonly using positions, namely commonly using real positions and commonly using virtual positions. The method of commonly using virtual positions shall be applied only when it is impossible to use the method of commonly using real positions because interconnection-providing enterprises cannot arrange ground areas and other necessary conditions.

2. Common use of infrastructure.

a/ Infrastructure consists of houses and buildings, cable culverts, cable tanks, cable posts, antenna towers, internal cable lines and accessory equipment within the buildings where are installed interconnection equipment and other means which need to be commonly used in an economical and efficient manner, avoiding waste in investment and construction and creating favorable conditions for interconnection, given that the submitted proposals are rational, economically and technically viable and compliant with current law provisions;

b/ The common use of infrastructure is effected under contracts agreed upon between enterprises. In a number of necessary cases of interconnection and establishment of telecom­munication networks, in order to guarantee the interests of the State, enterprises as well as service users, the Post and Telematics Ministry shall decide on the common use of telecom­munication infrastructure when enterprises cannot reach any agreement.

Section 2. INTERCONNECTION OF PRIVATE­USE TELECOMMUNICATION NETWORKS, SPECIAL-USE TELECOMMUNICATION NETWORKS TO PUBLIC TELECOMMUNICATION NETWORKS

Article 31.- Interconnection principles

The interconnection of private-use or special­ use telecommunication networks to public telecommunication networks must ensure the following principles:

1. Private-use or special-use telecommuni­cation networks must satisfy the technical standards applicable to public telecommuni­cation networks.

2. Interconnection shall be effected under written interconnection contracts between telecommunication enterprises and owners of private-use or special-use telecommunication networks.

3. Private-use or special-use telecommuni­cation networks must not be used for forwarding by any modes (automatic or manual) domestic and international long-distance calls (in both outgoing and incoming directions) between terminal equipment outside such networks.

4. Private-use and special-use telecommuni­cation networks must not be directly interconnected, unless it is permitted by the Post and Telematics Ministry.

Article 32.- Interconnection points

1. Private-use telecommunication networks may be interconnected by trunk lines to public telecommunication networks at local switchboards, local tandem switchboards and at other interconnection points prescribed by telecommunication enterprises.

2. Special-use telecommunication networks may be interconnected by trunk lines to public telecommunication networks at local switchboards, local tandem switchboards, long distance switchboards and at other interconnection points prescribed by telecommunication enterprises.

Article 33.- Common use of infrastructure 1. Where owners of private-use or special-use telecommunication networks build by themselves transmission lines according to their network establishment licenses, they shall be responsible for the whole work of installing, operating and maintaining trunk lines. Telecommunication enterprises shall have to arrange areas for installation of transmission equipment (if any), cable conduits, cable tanks, antenna posts and masts and other accompanying equipment such as power sources, air-conditioners, etc., at the sites of their interconnection switchboards for owners of private-use or special-use telecommunication networks.

2. The use of telecommunication enterprises' infrastructure shall be effected under contracts signed between private-use or special-use telecommunication network owners and telecommunication enterprises.

3. Expenses for the use of telecommunication enterprises' infrastructure shall be agreed upon by private-use or special-use telecommunication network owners and telecommunication enterprises.

Chapter V

TELECOMMUNICATION NUMBERING

Article 34.- Telecommunication numbering plans

1. Telecommunication numbering plans are detailed regulations on the structure and use purposes of codes and numbers for uniform application in the whole country in order to ensure the operation of telecommunication networks and services. The collection of telecommunication codes and numbers is called telecommunication number budget.

2. Telecommunication numbering plans include:

a/ Plan on numbering of public telecom­munication networks;

b/ Plan on numbering of signaling point codes;

c/ Plan on numbering of Internet domain names and addresses;

d/ Plan on numbering of other telecommuni­cation service networks.

3. The Post and Telematics Ministry shall formulate, promulgate, amend and supplement telecommunication numbering plans.

Article 35.- Management of the telecommuni­cation number budget

1. The Post and Telematics Ministry shall formulate and promulgate a Regulation on management of the telecommunication number budget.

2. Basing itself on the numbering plans and the number budget management plan, the Post and Telematics Ministry shall decide on the allocation or withdrawal of telecommunication codes and numbers to or from telecommunication enterprises as well as organizations and individuals.

3. Telecommunication enterprises shall have the following responsibilities:

a/ To fill in procedures to apply for codes, numbers and number blocks according to the Post and Telematics Ministry's regulations;

b/ To formulate plans on the use of telecommunication codes and numbers already allocated by the Post and Telematics Ministry;

c/ To grant numbers, lease numbers to, and withdraw numbers from, service users according to the Regulation on management of the telecommunication number budget;

d/ To report to the Post and Telematics Ministry the plans on, and the situation of, the use of telecommunication codes and numbers regularly or irregularly when the Post and Telematics Ministry so requests;

e/ Within the scope of allocated telecommuni­cation number blocks, on the basis of the telecommunication numbering plans and the network development plans already approved by competent authorities, at least 60 days before changing subscriber numbers, telecommuni­cation enterprises must notify the concerned service users of the time of, and necessary information about, the number change plans and instructions on the use of services after their numbers are changed. Telecommunication enterprises must bear all number change costs but shall not be liable for indirect damage caused by the number change to users.

4. Private-use and special-use telecommuni­cation network owners, service agents and users that are granted or leased codes and/or numbers shall have to use such granted and/or leased codes and numbers according to the Regulation on management of the telecommunication number budget and the guidance of telecommunication enterprises.

5. The Post and Telematics Ministry shall withdraw service codes and numbers or subscriber number blocks already allocated for use for other purposes when telecommunication enterprises or network owners no longer need to use them.

6. When they need to change number blocks or the length of subscriber numbers, telecommunication enterprises and special-use telecommunication network owners must draw up plans, propose solutions and may only implement them after obtaining the Post and Telematics Ministry's written permission.

7. All agencies, organizations and individuals must pay charges and fees for using telecommunication codes and numbers according to law provisions.

Chapter VI

TELECOMMUNICATION LICENSES

Section 1. GENERAL PROVISIONS ON LICENSING

Article 36.- Licensing principles

1. Compliance with Vietnam's telecommuni­cation development strategies, plannings and plans.

2. Priority shall be given to schemes that can be quickly executed in practice, with commitments to long-term provision for a majority of service users; schemes that provide services in deep-lying, remote, border areas and islands; schemes that provide public-utility telecommunication services, serve Party and State agencies, security and defense.

3. Where the licensing involves the use of frequencies or the number budget, licenses shall be considered and granted only if the allocation of frequencies or the number budget can be effected in line with the approved plannings.

4. The licensing of telecommunication enterprises that have foreign investors as their partners must comply with law provisions on foreign investment and international agreements which Vietnam has signed or acceded to.

5. It is strictly prohibited to purchase, sell or transfer telecommunication licenses of all kinds. In case of organizational change such as merger, dissolution, equitization or change of the State- contributed capital portions, agencies, organizations and enterprises shall have to report such to the Post and Telematics Ministry for re-grant or withdrawal of licenses strictly according to regulations on the licensed subjects.

6. Agencies, organizations and enterprises shall bear full responsibility before law for the accuracy of their dossiers of application for telecommunication licenses. On the basis of the application dossiers, the Post and Telematics Ministry shall conduct evaluation and grant or refuse to grant licenses under the provisions of this Decree. After receiving telecommunication licenses, agencies, organizations and enterprises shall be responsible for, and take initiative in, carrying out activities stated in their licenses and bear full responsibility before law for their manufacture, business and service provision activities according to law provisions and the provisions of their granted licenses.

7. All agencies, organizations and enterprises shall be obliged to pay licensing charges and fees according to regulations.

Article 37.- Telecommunication businesses that do not require licenses

1. Organizations, individuals and enterprises of all economic sectors that operate lawfully in Vietnam may register and conduct telecommuni­cation business activities in the following domains without having to apply for licenses:

a/ Manufacture of telecommunication supplies and equipment (excluding radio transmitters and trans receivers);

b/ Export and import of telecommunication supplies and equipment;

c/ Provision of telecommunication services in the form of telecommunication service agency.

2. In the course of conducting telecommuni­cation business activities, organizations, individuals and enterprises must observe law provisions on goods and service quality, regulations on information and advertisement, regulations on resolution of disputes and compensation and other relevant law provisions.

3. In addition to the provisions of Clause 2 of this Article:

a/ For the manufacture of telecommunication supplies and equipment (excluding radio transmitters and transreceivers), organizations, individuals and enterprises must observe the telecommunication equipment quality manage­ment provisions of Article 52 of this Decree;

b/ For the export and import of telecom­munication supplies and equipment, organi­zations, individuals and enterprises must observe the telecommunication equipment quality management provisions of Article 52 of this Decree, the radio frequency and equipment use provisions of the Government's Decree No. 24/2004/ND-CP of January 14, 2004 on radio frequencies and the Prime Minister's regulations on goods export and import management for each period;

c/ For the provision of telecommunication services in the form of telecommunication service agency, organizations, individuals and enterprises must observe the telecommunication service agency provisions of Article 25 of this Decree.

Section 2. LICENSING OF THE ESTABLISHMENT OF TELECOMMUNICATION NETWORKS AND PROVISION OF TELECOMMUNICATION SERVICES

Article 38.- Licensing conditions

1. Conditions on subjects:

Being State enterprises or enterprises where the State holds dominant or special shares.

2. Conditions on professional and financial capabilities:

a/ Having adequate financial and professional manpower capabilities suitable to the scales of the schemes for execution as licensed;

b/ Having feasible technical plans on network development and service provision plans in compliance with current regulations on interconnection, information resource use, service tariff, technical standards and quality;

c/ Having contingency plans for assuring safety when technical incidents occur;

d/ Having equipment, facilities, technical and professional plans for assuring network safety and information security.

Article 39.- Licensing procedures

1. Application dossiers.

Each enterprise shall compile 3 sets of application dossier (1 original and 2 copies). Each dossier set consists of:

a/ The enterprise's application for a license;

b/ The business registration certificate or investment license;

c/The enterprise's organization and operation charter;

d/ The service provision scheme with the following principal contents:

- The business plan on types of services; service provision scope; service standards and quality; tariff; market and turnover forecast and analysis; total investment capital and allocation of capital for each period; investment form, capital mobilization plans; manpower;

- The technical plan on network configuration and equipment, including main and standby parts; network and equipment capability analysis; capacity of transmission lines; corresponding information resources; equipment and technical and professional measures for assuring information safety and security;

- Commitments to implement the scheme applied for a license for the long-term provision of telecommunication services for users, and to observe telecommunication management regulations.

2. Dossier-processing time and procedures.

The Post and Telematics Ministry shall receive application dossiers, conduct evaluation within 75 days, counting as from the date of receiving valid dossiers. In case of refusal, the Post and Telematics Ministry shall have to issue written notices, clearly stating the refusal reasons to the applying enterprises. Where application dossiers basically meet the technical and professional requirements, the Post and Telematics Ministry shall solicit written opinions of the concerned ministries and branches on the enterprises' applications for telecommunication network establishment or telecommunication service provision licenses, then synthesize and submit them to the Prime Minister for approval. If receiving the Prime Minister's written approvals, within 15 days after the date of receiving such approvals, the Post and Telematics Ministry shall have to grant licenses to the enterprises.

3. Amendment and supplementation of the licenses' contents.

a/ While their licenses remain valid, if the enterprises wish to amend and/or supplement the licenses' contents, they must send dossiers of application therefor to the Post and Telematics Ministry;

b/A dossier of application for amendment and supplementation consists of an application for amendment and supplementation of the license's contents; a copy of the still valid license; a report on the e=enterprise's operation; a detailed written description of the amended and/or supplemented contents and other related documents;

c/ The Post and Telematics Ministry shall conduct evaluation and consider the grant of amended and/or supplemented licenses within 60 days, counting from the date of receiving valid dossiers. In case of refusal to grant amended and/or supplemented licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying enterprises.

4. Extension of licenses.

a/ Enterprises which wish to extend their licenses must send extension application dossiers to the Post and Telematics Ministry 60 days before their licenses expire. An extension application dossier shall consist of an application for license extension and a copy of the still valid license;

b/ The Post and Telematics Ministry shall conduct evaluation and consider the extension of licenses within 60 days, counting from the date of receiving valid dossiers. In case of refusal to extend licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the reasons to the applying enterprises;

c/ Each license shall be extended only once and the extended duration shall not exceed one year.

5. Withdrawal of licenses.

Telecommunication network establishment and service provision licenses shall be withdrawn in the following cases:

a/ Past 02 years counting from the date they are granted licenses but the enterprises have not yet carried out in reality activities stated in their licenses without plausible reasons. If wishing to apply for new licenses, enterprises having their licenses withdrawn shall have to fill in all procedures prescribed for application of new licenses;

b/ Enterprises are handled for violations in the telecommunication domain according to law provisions under which their licenses are withdrawn.

Section 3. LICENSING OF THE PROVISION OF TELECOMMUNICATION SERVICES

Article 40.- Licensing conditions

1. Conditions on subjects:

Enterprises of all economic sectors, which are established under law provisions.

2. Technical and professional conditions:

a/ Having technical plans on telecom­munication equipment system development within their premises and public service points and feasible telecommunication service business plans in compliance with current regulations on network establishment, interconnection, information resource use, tariff, technology and service quality;

b/ Having contingency plans for assuring safety when technical incidents occur;

c/ Having equipment and technical and professional plans for assuring network safety and information security.

Article 41.- Licensing procedures

1. Application dossiers

Each enterprise shall compile three (03) sets of application dossier (1 original and 2 copies). Each dossier set consists of:

a/ The enterprise's application for a license;

b/ The business registration certificate or investment license;

c/ The enterprise's organization and operation charter;

d/ The service provision scheme with the principal contents prescribed at Point d, Clause 1, Article 39 of this Decree.

2. Dossier-processing time

The Post and Telematics Ministry shall conduct evaluation and grant licenses within 60 days, counting from the date of receiving valid dossiers. If there emerge matters in need of re­evaluation, the above-said time limit may be prolonged but must not exceed 75 days, counting from the date of receiving valid dossiers. In case of refusal to grant licenses, the? Post and Telematics Ministry shall have to issue written replies, clearly stating the reasons to the applying enterprises.

3. Amendment and supplementation of the licenses' contents; extension and withdrawal of licenses.

To comply with the provisions of Clauses 3, 4 and 5, Article 39 of this Decree.

Section 4. LICENSING OF THE EXPERIMENTATION OF TELECOMMUNICATION NETWORKS AND SERVICES

Article 42.- Subjects to be licensed

1. Telecommunication enterprises that wish to experimentally provide new telecommuni­cation services for the public other than the services prescribed in their granted licenses or new telecommunication services involving the use of telecommunication resources.

2. Agencies, organizations and enterprises that wish to experiment private-use telecom­munication networks involving the use of telecommunication resources.

Article 43.- Licensing procedures

1. Application dossiers

Each application dossier shall be made in 3 sets (1 original and 2 copies). Each set consists of:

a/ An application for a license for experimental establishment or experimental provision of services:

b/The scheme on the experimental establish­ment of a network or experimental provision of services, clearly identifying the experimentation purposes, scope and period; network configuration, types of services and the experimentation cooperation party (if any); projected tariffs (if any); frequencies, number budget for the experimentation (if any); terms and conditions for ensuring users' interests if the enterprise does not put services into official provision after the experimental service provision period expires;

c/ A copy of the telecommunication license (if any).

2. Dossier-processing time

The Post and Telematics Ministry shall conduct evaluation and grant or refuse to grant licenses within 30 days, counting from the date of receiving valid dossiers. In case of refusal, the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying agencies, organizations or enterprises.

3. Extension of the experimentation period a/ Enterprises that wish to extend the experimentation period must send extension application dossiers to the Post and Telematics Ministry 15 days before their licenses expire. Such an extension application dossier shall consist of an application clearly stating the extension reasons and a copy of the still valid experimentation license;

b/ The Post and Telematics Ministry shall conduct evaluation and consider the extension within 15 days, counting from the date of receiving valid dossiers. In case of refusal, the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying agencies, organizations or enterprises.

c/ The extended period or the total time of extensions shall not exceed one year.

4. Upon the expiry of the experimentation time limit, agencies, organizations or enterprises shall have to conduct a review, finalize the experimentation dossiers and report the experimentation results to the Post and Telematics Ministry.

5. After the experimentation period, if agencies, organizations or enterprises that conduct the experimentation wish to put their networks or services into official operation, they must apply for licenses to the Post and Telematics Ministry. The application procedures shall comply with the provisions of Sections 2 and 3, Chapter \/I of this Decree.

6. Withdrawal of licenses

Telecommunication network and service experimentation licenses shall be withdrawn in the following cases:

a/ Past 06 months, counting from the date they are granted licenses, but the agencies, organizations or enterprises have not yet carried out in reality activities stated in their licenses without plausible reasons. If wishing to apply for new licenses, agencies, organizations or enterprises having their licenses withdrawn shall have to fill in all procedures prescribed for application of new licenses;

b/ Enterprises are handled for violations in the telecommunication domain according to law provisions under which their licenses are withdrawn.

Section 5. LICENSING OF THE ESTABLISHMENT OF PRIVATE-USE TELECOMMUNICATION NETWORKS

Article 44.- Licensing conditions

Agencies, organizations or enterprises wishing to establish private-use telecommuni­cation networks must ensure the following conditions:

1. The establishment of private-use telecommunication networks is only for ensuring communication among the network members, not for business purposes and profits.

2. Having technical and professional plans for assuring safety and security for private-use telecommunication networks.

Article 45.- Licensing procedures

1. Application dossiers.

Application dossiers: Each dossier of application for a license for establishing an private-use telecommunication network shall be made in 3 sets (1 original and 2 copies). Each dossier set consists of:

a/ An application for a license for establishing an private-use telecommunication network. The written request of the Foreign Ministry if the applicants are Vietnam-based foreign diplomatic representations, consulates or representative offices of international organizations which enjoy diplomatic or consular privileges and immunities;

b/ The applying agency's or organization's establishment decision or operation license or the applying enterprise's business registration certificate;

c/ The operation charter or legal document(s) defining the common organizational structure or the common form of association or activity of members (if any);

d/ The network establishment scheme, clearly stating the network establishment purpose; network configuration; categories of equipment; to be-used services; network members (if any); operation scope; to be-used technology; to be used frequencies, codes and numbers (if any).

2. Dossier-processing time

The Post and Telematics Ministry shall conduct evaluation and grant or refuse to grant licenses within 30 days, counting from the date of receiving valid dossiers. In case of refusal, -the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying agencies, organizations or enterprises. If there emerge matters in need of re-evaluation, the licensing time limit may be prolonged but must not exceed 45 days, counting from the date of receiving valid dossiers.

3. Amendment and supplementation of the licenses' contents

a/ The licensed agencies, organizations or enterprises that wish to amend or supplement the network configuration, types of services or network operation scope must send dossiers of application therefor to the Post and Telematics Ministry;

b/A dossier of application for amendment and supplementation consists of an application for amendment and supplementation; a detailed written description of the proposed amendments and/or supplements; other documents related to the amendment and/or supplementation; and a copy of the still valid license;

c/ The Post and Telematics Ministry shall conduct evaluation and grant or refuse to grant amended and/or supplemented licenses within 15 days, counting from the date of receiving valid dossiers. In case of refusal to grant amended and/or supplemented licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying agencies, organizations or enterprises.

4. Extension of licenses

a/ Agencies, organizations or enterprises which wish to extend their licenses must send extension application dossiers to the Post and Telematics Ministry 15 days before their licenses expire;

b/ An extension application dossier consists of a license extension application and a copy of the still valid license;

c/ The Post and Telematics Ministry shall conduct evaluation and consider the extension within 10 days, counting from the date of receiving valid dossiers. In case of refusal to extend licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying agencies, organizations or enterprises;

d/ The extended period or the total time of extensions shall not exceed one year.

5. Withdrawal of licenses

Private-use telecommunication network establishment licenses shall be withdrawn in the following cases:

a/ Past one year as from the date they are granted licenses but the agencies, organizations or enterprises have not yet carried out in reality activities stated in their licenses without plausible reasons. If wishing to apply for new licenses, agencies, organizations or enterprises having their licenses withdrawn shall have to fill in all procedures prescribed for application of new licenses;

b/ Enterprises are handled for violations in the telecommunication domain according to law provisions under which their licenses are withdrawn.

Section 6. LICENSING OF THE INSTALLATION OF TELECOMMUNICATION CABLES IN VIETNAM'S EXCLUSIVE ECONOMIC ZONE OR CONTINENTAL SHELF

Article 46.- Licensing conditions

1. Commitments to observe Vietnamese laws and international agreements which the Socialist Republic of Vietnam has signed or acceded to.

2. Commitments to submit to the supervision by competent Vietnamese management bodies and bear all expenses for this activity.

Article 47.- Licensing procedures

1. Application dossiers: Each dossier of application for a license for laying telecom­munication cables in the exclusive economic zone or continental shelf of Vietnam must be made in 5 sets (01 original and 04 copies). Each dossier set consists of:

a/ An application for a license for laying telecommunication cables in the exclusive economic zone or continental shelf of Vietnam;

b/ The scheme on the laying of telecommuni­cation cables in the exclusive economic zone or continental shelf of Vietnam, with the following contents:

- Nature, purpose and scope of the cable line, especially matters related to marine survey and submarine operations;

- Technical design and geographical position, precise co-ordinates of the telecommunication cable line to be laid;

- Plans on the construction and assurance of security and marine environment.

2. Dossier-processing time

a/ The Post and Telematics Ministry shall receive application dossiers and send them to the concerned ministries and branches for opinions before granting licenses.

b/ The Post and Telematics Ministry shall grant licenses within 90 days, counting from the date of receiving valid dossiers. In case of refusal to grant licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the refusal reasons to the applying organizations.

c/ On the basis of the granted licenses, the Post and Telematics Ministry shall collaborate with the Public Security Ministry and the Defense Ministry in permitting vessels to engage in surveys, construction, repair and maintenance of telecommunication cables in the exclusive economic zone or continental shelf of Vietnam according to the licenses and law provisions.

3. Amendment and supplementation of the licenses' contents

a/ While their licenses remain valid, if the organizations wish to amend or supplement their contents, they must send dossiers of application therefor to the Post and Telematics Ministry;

b/ A dossier of application for amendment and supplementation consists of an application for amendment and supplementation of the license's contents; a copy of the still valid license; a detailed written description of the proposed amendments and/or supplements and other related documents;

c/ The Post and Telematics Ministry shall conduct evaluation and consider the grant of amended and/or supplemented licenses within 60_days, counting from the date of receiving valid dossiers. In case of refusal to grant amended and/or supplemented licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the reasons to the applying organizations.

4. Extension of licenses

a/ The licensed organizations that wish to extend their licenses must send extension application dossiers to the Post and Telematics Ministry 90 days before their licenses expire. An extension application dossier consists of a license extension application and a copy of the still valid license;

b/ The Post and Telematics Ministry shall conduct evaluation and consider the extension of licenses within 90 days, counting from the date of receiving valid dossiers;

c/ In case of refusal to extend licenses, the Post and Telematics Ministry shall have to issue written replies, clearly stating the reasons to the applying organizations;

d/ Each license may be extended only once and the extended time shall not exceed one year.

5. Withdrawal of licenses

Licenses for laying telecommunication cables in the exclusive economic zone or continental shelf of Vietnam shall be withdrawn when the licensed organizations are handed for violations in the telecommunication domain according to law provisions under which their licenses must be withdrawn.

Chapter VII

PROVISION OF PUBLIC-UTILITY TELECOMMUNICATION SERVICES

Article 48.- Public-utility telecommunication services

1. Public-utility telecommunication services include universal telecommunication services and compulsory telecommunication services, which are telecommunication services essential to the society and the State assures their provision with the quality and tariff prescribed by competent State bodies.

2. On the basis of the telecommunication and Internet development plannings, the Post and Telematics Ministry shall have the responsibility:

a/ To formulate the program on the provision of public-utility telecommunication services and submit it to the Prime Minister for approval;

b/ To prescribe, and give specific guidance on, the list, subjects and scope of provision of public-utility telecommunication services;

c/ To formulate and implement the annual plans on the provision of public-utility telecommunication services.

3. The concerned State management bodies shall base themselves on their respective functions, tasks and powers to coordinate with the Post and Telematics Ministry in implementing the programs and plans on the provision of public-utility telecommunication services.

Article 49.- Financial mechanisms to support the provision of public-utility telecommunication services

1. The State shall support enterprises to provide public-utility telecommunication services through:

a/ Interconnection charges;

b/ The Vietnam fund for public-utility telecommunication services.

2. The Vietnam fund for public-utility telecommunication services is a State financial institution, attached to the Post and Telematics Ministry and operating not for profits.

3. Sources for forming the Vietnam fund for public-utility telecommunication services include:

a/ Capital contributed by telecommunication enterprises: compulsory contributions of telecommunication enterprises to the Vietnam fund for public-utility telecommunication services shall be accounted in the enterprises' production and business costs. The Prime Minister shall specify the mechanism on contributions of telecommunication enterprises;

b/ The State budget's supports for the charter capital and capital for implementing the programs assigned by the Government;

c/ Official development assistance amounts and contributions of organizations and individuals at home and abroad;

d/ Other capital sources mobilized according to law provisions.

4. The Prime Minister shall decide on the organization and operation of the Vietnam fund for public-utility telecommunication services.

Article 50.- Rights and obligations of telecommunication enterprises providing public utility telecommunication services

1. To participate on an equal basis in implementing the State programs and projects on providing public-utility telecommunication services according to law provisions.

2. To fully and timely fulfil the obligation to make financial contributions to the fund for public-utility telecommunication services according to regulations.

3. To collaborate with, and create favorable conditions for, other telecommunication enterprises to implement programs and projects on providing public-utility telecommunication services according to regulations of the State management agency in charge of telecommunications.

4. To comply with the State regulations on the provision of public-utility telecommunication services.

Chapter VIII

TELECOMMUNICATION QUALITY STANDARDS

Article 51.- System of telecommunication quality standards

1. The system of telecommunication quality standards consists of standards for compulsory application and standards for voluntary application to telecommunication equipment, networks, network interconnection, services and works.

2. Compulsorily applied standards include branch standards, Vietnamese standards and international standards publicized by the Post and Telematics Ministry for compulsory application.

3. Voluntarily applied standards are those which organizations and individuals publicize to voluntarily apply.

4. The Post and Telematics Ministry shall prescribe the formulation, promulgation and application of telecommunication quality standards.

Article 52.- Telecommunication equipment quality management

1. The quality of telecommunication equipment is managed through standard conformity certification based on the standards publicized by the Post and Telematics Ministry for compulsory application or voluntarily applied by organizations or individuals in accordance with law provisions.

2. The mutual recognition of standard conformity certification of telecommunication equipment between Vietnam and foreign countries as well as international organizations shall comply with the agreements which Vietnam has signed or acceded to. The Post and Telematics Ministry is an agency representing Vietnam in participating in the mutual recognition agreements on standard conformity certification in the telecommunication domain.

3. The Post and Telematics Ministry shall prescribe and publicize the lists of home-made and imported telecommunication equipment subject to standard conformity certification before they are permitted for circulation in the Vietnamese market or connection to public telecommunication networks.

4. Organizations and individuals are encouraged to voluntarily obtain standard conformity certificates for telecommunication equipment not included in the lists stated in Clause .3 of this Article.

5. Telecommunication equipment which are domestically circulated and imported must comply with the goods labeling regulations and other law provisions.

6. The Post and Telematics Ministry shall specify the telecommunication equipment quality management contents, forms and procedures.

Article 53.- Telecommunication service and network quality management

1. The quality of telecommunication services and networks is managed through quality publicization based on the standards publicized by the Post and Telematics Ministry for compulsory application or voluntarily applied by organizations or individuals in accordance with law provisions.

2. The Post and Telematics Ministry shall prescribe the lists of telecommunication networks and services subject to quality management and standards for compulsory application.

3. For telecommunication services and networks on the lists of those subject to quality management, telecommunication enterprises must publicize their quality standards which are not contrary to standards prescribed by the Post and Telematics Ministry for compulsory application and report to the Post and Telematics Ministry on their actual quality according to regulations. For telecommunication services and networks not on the lists stated in Clause 3 of this Article, telecommunication enterprises must formulate by themselves and publicize the quality standards applied thereto.

4. Organizations, individuals and enterprises are encouraged to voluntarily apply the quality management system. Telecommunication enterprises shall be responsible for the publicized quality standards, maintain the quality according to the publicized standards; ascertain that the owners of intranets which are operated for charges and interconnected to their networks and their telecommunication agents ensure the publicized quality of their telecommunication networks and/ or services.

5. The Post and Telematics Ministry shall promulgate regulations on the telecommuni­cation service and network quality management, inspect and handle violations related to telecommunication service and network quality.

Article 54.- Telecommunication work quality management

1. The quality of telecommunication works is managed through quality inspection based on the standards publicized by State management bodies for compulsory application or voluntarily applied by telecommunication enterprises in accordance with law provisions.

2. The Post and Telematics Ministry shall prescribe the list of telecommunication works subject to quality inspection before they are commissioned.

3. The Post and Telematics Ministry shall promulgate regulations on the telecommuni­cation work quality management, inspect and handle violations related to the quality of telecommunication works.

Article 55.- Quality test

1. The Post and Telematics Ministry shall promulgate regulations on telecommunication test management in service of the quality management aiming to build up and develop telecommunication testing agencies, coordinate and combine the testing capabilities of the establishments.

2. The mutual recognition of telecommuni­cation test results between Vietnam and foreign countries as well as international organizations shall comply with the international agreements which Vietnam has signed or acceded to. The Post and Telematics Ministry is an agency representing Vietnam in participating in the agreements on mutual recognition of telecom­munication test results and the designated agency within the framework of these agreements.

Chapter IX

TELECOMMUNICATION TARIFFS

Article 56.- Principles for the State management over tariffs

1. The State respects the telecommunication enterprises' right to set tariffs by themselves and to compete on tariffs according to law provisions, encourages them to raise efficiency, reduce costs of, and tariffs on, services in order to increase the society's use of services and the economy's competitiveness.

2. The State shall take necessary measures to stabilize tariffs, ensure non-discrimination in tariffs, protect the legitimate rights and interests of service users, telecommunication service providing enterprises and the State.

Article 57.- Bases for setting tariffs

1. Telecommunication service tariffs are determined on the basis of the production costs of services and the supply-demand relation on the market.

2. For services with their tariffs set by the State, their tariffs are determined also on the basis of national socio-economic development and telecommunication development policies in each period as well as the rational interrelation to telecommunication service tariffs in the region sand the world.

Article 58.- Tariff management tasks and competence

1. The Prime Minister:

a/ To promulgate telecommunication service tariff management policies and mechanisms;

b/ To decide on tariffs on important telecom­munication services which have impacts on many branches and socio-economic development.

2. The Post and Telematics Ministry:

a/ To decide on public-utility telecommuni­cation service tariffs (excluding services on which the tariffs are decided by the Prime Minister);

b/ To decide on tariffs on telecommunication services which have impacts on the telecom­munication market, for application to users of telecommunication enterprises holding dominant market shares;

c/ To decide on tariffs on interconnection between telecommunication enterprises;

d/ To prescribe the tariff management by telecommunication service-providing enterprises;

e/ To guide telecommunication enterprises to observe the State's regulations and decisions on telecommunication service tariff management. 3. Telecommunication enterprises:

a/ To account expenditures to determine telecommunication service costs;

b/ To set specific tariffs on telecommunication services not on the State-prescribed list strictly according to the tariff management regulations issued by competent State bodies;

c/ To observe competent State bodies' regulations and decisions on telecommunication service tariff management.

Chapter X

SETTLEMENT OF DISPUTES

Article 59.- Settlement of disputes between telecommunication service providers and users

1. The settlement of disputes between telecommunication service providers and users shall be effected through negotiations between the involved parties. Unless otherwise provided for in the telecommunication service provision and use contracts, the statute of limitations for dispute settlement is prescribed as follows:

a/ For tariffs, it shall be one month, counting from the date of receiving the first charge payment notice or bill or from the date of payment of service charges;

b/ For service quality standards and other violations, it shall be three months, counting from the date of service use or commission of violations.

2. Where the involved parties fail to reach any agreement through negotiations, they may request competent State bodies to settle their disputes according to law provisions.

Article 60.- Consultation, settlement of interconnection disputes between telecommuni­cation enterprises

1. Telecommunication enterprises may request the Post and Telematics Ministry to settle disputes related to interconnection of public telecommunication networks.

2. The Post and Telematics Ministry shall consider and decide on the settlement of disputes within 30 days, counting from the date of receiving the enterprises' written requests for dispute settlement. In case of refusal to settle disputes, the Post and Telematics Ministry shall have to issue written replies, clearly stating the reasons therefor to the enterprises.

3. The dispute settlement shall follow the following order:

a/ The Post and Telematics Ministry organizes consultations between the involved parties. The time limit for such consultations shall not exceed 60 days, counting from the date the Post and Telematics Ministry decides to organize the dispute settlement;

b/ If the involved parties cannot reach any agreement after consultations, the Post and Telematics Ministry shall issue decisions to settle disputes within 30 days after the end of consultations. After the Post and Telematics Ministry issues dispute settlement decisions:

- The two involved parties must execute the decisions;

- Where the enterprises disagree with the Post and Telematics Ministry's decisions, they may file further requests for dispute settlement or initiate lawsuits for settlement according to law provisions. During the time of filing further requests for dispute settlement or initiating lawsuits, the two involved parties must still comply with the Post and Telematics Ministry's dispute settlement decisions.

Chapter XI

INSPECTION, EXAMINATION, HANDLING OF VIOLATIONS

Article 61.- inspection, examination

All Vietnamese and foreign organizations and individuals carrying out telecommunications related activities in Vietnam shall be subject to the inspection and examination by the specialized post and telecommunication as well as information technology inspectorates and by competent State bodies according to law provisions.

Article 62.- Handling of violations Vietnamese and foreign organizations and individuals that commit law violation acts in the telecommunication domain shall all be sanctioned for administrative violations and handled according to current law provisions.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 63.- Implementation organization The Post and Telematics Ministry shall have to promulgate detailed regulations and guidance on the implementation of this Decree.

Article 64.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette. All previous regulations contrary to this Decree are hereby annulled.

Article 65.- Implementation provision

The ministers, the heads of the ministerial level agencies, the heads of the Government attached agencies, and the presidents of the provincial/municipal People's Committees shall have to implement this Decree.