Thông tư 15/2021/TT-BTTTT

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF THE CIRCULAR NO. 07/2015/TT-BTTTT DATED MARCH 24, 2015 OF THE MINISTER OF INFORMATION AND COMMUNICATIONS ON TELECOMMUNICATIONS CONNECTIVITY

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

Pursuant to the Government's Decree No. 25/2011/ND-CP dated April 6, 2011, elaborating and providing guidance on the implementation of a number of articles of the Law on Telecommunications;

Pursuant to the Government's Decree No. 17/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Upon the request of the Director of the Vietnam Telecommunications Authority;

The Minister of Information and Telecommunications herein promulgates the Circular on amendments and supplements to several Articles of the Circular No. 07/2015/TT-BTTTT dated March 24, 2015 of the Minister of Information and Communications on telecommunications connectivity.

Article 1. Amendments and supplements to several articles of the Circular No. 07/2015/TT-BTTTT dated March 24, 2015 of the Minister of Information and Communications on telecommunications connectivity:

1. Amending and supplementing Section II of Appendix 01 as follows:

For connections serving the purposes of providing other telecommunications services (e.g. data transmission, Internet connection, etc.)

A. Criteria for determination of network congestion

A network is considered congested when the exchange traffic peak which is highest in the 95^th percentile in a single connection direction (outbound and inbound) of an enterprise involved in a connection exceeds 90% of the connecting capacity in 7 consecutive days.

B. Assessment method

- The assessment shall be made on the basis of the actual connecting capacity and/or traffic recorded in the network bandwidth monitoring system (e.g. PRTG, CACTI, Solar Winds, other monitoring apps, etc.). 

- Sampling interval is 5 minutes/sample.

- The exchange traffic peak which is highest in the 95^th percentile:  Ignore 5% of the highest exchange traffic sample and take the highest exchange traffic sample in 95% of the remaining exchange traffic samples in a day.

C. Procedures and criteria

Traffic observation is made within 24 hours/day and 7 days/week successively in 30 days, based on which the peak traffic is determined according to specific connection directions. 

2. Amending and supplementing Section II of Appendix 03 as follows:

For connections serving the purposes of providing other telecommunications services (e.g. data transmission, Internet connection, etc.):

The connecting capacity in each connecting direction of an enterprise involved in the connection shall be agreed upon between contracting parties and shall ensure no connection congestion occurs;

Where necessary, parties shall reference connection quality criteria prescribed in clause 2 of Article 6 herein to calculate the capacity of connection between both contracting parties.

Article 2. Entry into force:

1. This Circular shall enter into force as from December 22, 2021.

2. The Chief of the Office, the Director of the Vietnam Telecommunications Authority; Heads of Ministry-affiliated authorities or units; Directors of Departments of Information and Communications of provinces and centrally-affiliated cities; General Directors and Directors of telecommunications companies, relevant entities and individuals shall be responsible for implementing this Circular.

3. In the course of implementing this Circular, if there is any difficulty or issue that arises, timely feedback should be sent to the Ministry of Information and Communications (Vietnam Telecommunications Authority) for further guidance or possible solutions./.