Thông tư 05/2012/TT-BTTTT

CIRCULAR

ON CLASSIFYING TELECOMMUNICATION SERVICES

Pursuant to the Law on telecommunications, of November 23, 2009;

Pursuant to the Law on Radio Frequencies, of November 23, 2009;

Pursuant to the Government’s Decree No.25/2011/ND-CP of April 06, 2011, detailing and guiding the implementation of a number of articles of the Telecommunications Law;

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

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

The Minister of Information and Communications promulgates the Circular on classifying telecommunication services.

SECTION 1. GENERAL PROVISION

Article 1. Scope of regulation

This Circular classifies telecommunication services.

Article 2. Subjects of application

This Circular applies to organizations, individuals supplying, using telecommunication services and organizations or individuals relating to operation of management, supply, use of telecommunication services in Vietnam.

SECTION 2. TELECOMMUNICATION SERVICES

Article 3. Telecommunication services

1. According to technological characteristics, transmission methods of the Telecommunications network, the basic and value-added Telecommunication services, specified in Article 9 of the Government’s Decree No.25/2011/ND-CP of April 06, 2011, detailing and guiding the implementation of a number of articles of the Telecommunications Law, are combined together into service types specifying as follows:

a) Immobile telecommunications service includes Land immobile telecommunications service and Satellite immobile telecommunications service.

b) Mobile telecommunications service includes land mobile telecommunications service, satellite mobile telecommunications service, maritime mobile telecommunications service, air mobile telecommunications service.

2. According to methods of charge payment, the telecommunications services specified in Clause 1 of this Article are classified into the advance-payment service and the post-payment service.

a) The advance-payment service means service which telecommunications service users shall pay charge for service use before using under agreement between two parties;

b) The post-payment service means service which telecommunications service users shall pay charge for service use after using under agreement between two parties;

3. According to scope of communication, the telecommunications services specified in Clause 1 of this Article are classified into the home-network service and the inter-network service.

a) The home-network service means service sending, transmitting, receiving and processing information among service users of the same telecommunications network;

b) The inter-network service means service sending, transmitting, receiving and processing information among service users of different telecommunications networks. The different telecommunications networks mean telecommunications networks of  a telecommunication enterprise but having differences on type or  telecommunications networks of different telecommunication enterprises. 

4. The additional telecommunications service mean services increase more functions, utilities for telecommunications service users, which are an integral part and are supplied together with the basic and value-added telecommunications services.

5. The other telecommunications services as prescribed by The Ministry of Information and Communications.

Article 4. Immobile telecommunication services

1. The land immobile telecommunications services are telecommunications services being supplied through the Land immobile telecommunications network.  According to scope of communication, the land immobile telecommunications services are classified into the local service and the domestic and international long-distance service.

a) The local service means service sending, transmitting, receiving and processing information among land immobile telecommunications service users in the same scope of a central-affiliated city or  province;

b) The domestic long-instance service means service sending, transmitting, receiving and processing information among land immobile telecommunications service users in different central-affiliated cities or provinces;

c) International service means service sending, transmitting, receiving and processing information of land immobile telecommunications service users in Vietnam going to international or from oversea telecommunications service users arriving land immobile telecommunications service users in Vietnam.

2. The satellite immobile telecommunications services are telecommunications services being supplied through the satellite immobile telecommunications network.

3. The immobile telecommunications services specified in clauses 1, 2 of this Article include the following services:

a) The basic telecommunications services including: Telephone service (dialogue, fax, transmitting figures in dialogue tape); Data transmission service; message service; photo transmission service; television conference services; leased line services; Internet connection service; virtual personal network service and other basic telecommunications services as prescribed by the Ministry of Information and Communications.

b) The value-added telecommunications services including: The electronic mail services; the voice mailbox service; the value-added fax services; the internet access service inclusive of the narrow-band internet access service with download speed lower than 256 kb/s and the broadband internet access service with download speed from 256 kb/s or more and other value-added telecommunications services as prescribed by the Ministry of Information and Communications;

c) The additional telecommunications services including: Service showing number of caller; service hiding number of caller; service catching number of caller; service waiting call; service of call transfer; call barring; service of abbreviated dialing and other additional telecommunications services as prescribed by the Ministry of Information and Communications.

Article 5. Mobile telecommunication services

1. The land mobile telecommunications services are telecommunication services being supplied through the land mobile telecommunications network (mobile information network, trunked radio network, message network), including:

a) The land mobile information service;

b) The trunked radio service;

c) The message service.

2. The satellite mobile telecommunications services are telecommunications services being supplied through the satellite mobile telecommunications network.

3. The maritime mobile telecommunication services are telecommunication services being supplied through system of shore radio, ship radio, and electric radio laid on the fishery facilities to ensure communication for service users on the ships, boats.

4. The air mobile telecommunication services are telecommunication services being supplied through system of land radio, airplane radio to ensure communication for service users on the planes.

5. The mobile telecommunications services specified in clauses 1, 2, 3 and 4 of this Article include the following services:

a) The basic telecommunications services including: Telephone service; fax service; data transmission service; photo transmission service; message service and other basic telecommunications services as prescribed by the Ministry of Information and Communications.

b) The value-added telecommunications services including: The electronic mail services; the voice mailbox service; the value-added fax services; the internet access service inclusive of the narrow-band internet access service with download speed lower than 256 kb/s and the broadband internet access service with download speed from 256kb/s kb/s or more and other value-added telecommunications services as prescribed by the Ministry of Information and Communications;

c) The additional telecommunications services including: Service showing number of caller; service hiding number of caller; service catching number of caller; service waiting call; service of call transfer; call barring; service of abbreviated dialing and other additional telecommunications services as prescribed by the Ministry of Information and Communications.

Article 6. Adjustment of telecommunication services

Basing on situation of market development and telecommunications management policy in each period, the Ministry of Information and Communications shall adjust telecommunications services in according to management requirement.

SECTION 3. ORGANIZATION OF IMPLEMENTATION.

Article 7. Effects

This Circular takes effect from July 15, 2012.

Article 8. Organization of implementation

1. The Chief of office, the Heads of Ministerial agencies and units, the Director of Information and Telecommunications Services, general Directors, Directors of telecommunication enterprises and    relevant organizations and individuals shall implement this Circular.

2. In the course of implementation, any problems arising, should be reflected by organizations, individuals to the Ministry of Information and Communications (the Vietnam Telecommunications Authority) for supplementing, amending accordingly.