Quyết định 1168/QD-TTg

DECISION

APPROVING PROGRAM OF PUBLIC TELECOMMUNICATIONS SERVICES SUPPLY BY 2020

THE PRIME MINISTER

Pursuant to the Law on Government organization dated December 25, 2001;

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

Pursuant to Decree No. 25/2011/ND-CP dated April 06, 2011 by the Government providing guidance on the implementation of a number of articles of the Law on telecommunications;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 by the Government detailing functions, tasks, powers and organizational structures of the Ministry of Information and Communications;

Pursuant to Decision No. 11/2014/QD-TTg dated January 27, 2014 by the Prime Minister on organization and operation of Vietnam public telecommunications services fund;

At the request of the Minister of Information and Communications,

DECIDES:

Article 1. Approval for Program of public telecommunications services supply by 2020 (hereinafter referred to as "Program”) with the following contents:

I. GENERAL OBJECTIVES

On the basis of the results of the Program of public telecommunications services supply by 2020, covered by Vietnam public telecommunications services fund, the Program of public telecommunications services supply by 2020 will be conducted to support the implementation of the following objectives:

1. Invest in the development of broadband telecommunications infrastructure nationwide, where remote and isolated areas, disadvantaged areas, border areas and islands shall be priority.

2. Generalize public telecommunications services, ensuring the equal right to access of every people and households, and, depending on specific period, take priority over the support for the use of public telecommunications services and digital television receiver of poor households, nearly-poor households and a number of beneficiaries of incentive policies as defined by the State.

3. Ensure the communication to serve the searching and rescue and the direction and operation of natural disaster prevention and control; providing people with free-of-charge accessibility to mandatory telecommunications services.

4. Ensure the availability of broadband Internet access services of educational institutions, hospitals and People’s Committees of communes nationwide.

5. Ensure the conduct of objectives of the Project for the digitalization of terrestrial television transmission and broadcasting by 2020.

II. PUBLIC TELECOMMUNICATIONS SERVICES AND BENEFICIARY SUBJECTS

1. Public telecommunications services

a) Mandatory telecommunications services include:

- Urgent telecommunications services;

- Maritime mobile telecommunication services for the searching and rescue at sea via the coastal communications station system;

- Telecommunications services for direction and operation of natural disaster prevention and control.

b) General telecommunications services include:

- Fixed telephone services;

- Services supporting the lookup of number of fixed telephone subscribers;

- Services for fixed broadband internet access;

- Terrestrial mobile communications services;

- Maritime mobile telecommunication services for fishing boats at sea via the coastal information station system;

2. Beneficiary subjects of the Program

a) Every people shall be entitled to:

- Free-of-charge urgent telecommunication services and services supporting the lookup of number of fixed telephone subscribers;

- Use of broadband Internet access services at public telecommunications services stations of the Program according to the charge for public telecommunications services.

b) Poor households, nearly-poor households, as prescribed by the State, shall be entitled to:

- Use fixed telephone services or postpaid terrestrial mobile information services according to public telecommunications services charges, provided that such households have signed a service contract with a telecommunication enterprise;

- Receive and watch television programs serving political objectives and essential propagation information via television systems promoting digital technology.

c) Fisherman on fishing boats at sea shall be entitled to:

- Free-of-charge maritime mobile telecommunication services for the search and rescue at sea via the coastal communications station system;

- Use of maritime mobile telecommunication services (HF or VHF phones) via the coastal communications station system according to charges imposed on public telecommunications services;

d) Educational institutions, hospitals and People’s Committees of communes shall be entitled to use broadband Internet access services according to charges imposed on public telecommunications services.

III. FUNDING

1. Planned funding for the Program is VND 11,000,000,000,000 (eleven thousand billion Vietnam dong), taken from Vietnam public telecommunications services fund, where:

a) Planned funding for tasks of investmenting in telecommunications infrastructure of all subprograms shall be 70% of total funding for the whole Program;

b) Planned funding for a telecommunication enterpriseto develop the telecommunications infrastructure throughout the course of execution of the Program shall not exceed 70% of total funding for developing telecommunications infrastructure of the Programunless there is only 1 enterprise capable of performing the task in the area;

c) Funding for the performance of tasks of the Program shall be provided on the basis of the enterprise’s performance and the approved cost estimate.

2. Contributions by telecommunication enterprises to Vietnam public telecommunications services fund:

a) Regarding enterprises providing services with network infrastructure, the contribution shall be 1.5% of the turnover from telecommunications services prescribed in Article 9 of Decree No. 25/2011/ND-CP dated April 06, 2011 by the Government;

b) Regarding enterprises providing incoming international call services, the contribution shall be 1.5% of the turnover from incoming international call services;

c) On the basis of the actual situation, the Ministry of Information and Communications shall request the Prime Minister to consider adjusting the rate of contribution by telecommunication enterprises to Vietnam public telecommunications services fund so as to ensure the effective conduct of tasks of the Program when necessary.

IV. SUBPROGRAMS

1. Subprogram No. 1: Broadband connection

a) Specific objectives:

- Objective 1: More than 99% of communes having eletricity supply are provided with broadband transmisson systems;

- Objective 2: More than 99% of communes having electricity supply are provided with fixed or mobile broadband access network;

- Objective 3: Fiber-optic transmission from mainland to administrative centers of island districts are ensured.

b) Tasks:

- Task 1: Support the investment in the establishment of broadband transmission systems at communes which have not been supplied broadband transmission connection;

- Task 2: Support the investment in the establishment of fixed broadband access network at communes which have not been supplied fixed broadband access network with a capability of providing services for all the offices and organizations in regional areas and for at least 5% of total households in communes, applicable to mountaineous and island areas, or 10 % of total households in communes, applicable to plain areas;

- Task 3: Support the investment in the establishment of mobile broadband access network at communes which have not been supplied mobile broadband access network with a capability of providing services for at least 60% of hamlets, applicable to mountainous and island communes, or 90 % of hamlets, applicable to plain communes;

- Task 4: Support the establishment of fiber-optic transmission for the connection from mainland to administrative centers of island districts using the fiber-optic infrastructure of Vietnam Electricity;

- Task 5: Support the the adoption of solutions to ensure the safe and reliable communications in network setup and supply of telecommunications services to the community and for the administration of government at varius levels.

2. Subprogram No. 2: Urgent connection

a) Specific objectives:

- Objective 1: Ensure that nationwide telecommunication service users are exempt from charges when using urgent telecommunications services; to ensure that fishermen working on fishing boats at sea are exempt from charges when using maritime mobile telecommunication services for searching and rescue activities via the coastal communications station system;

- Objective 2: Ensure communications for the direction and operation of natural disaster prevention and control.

b) Tasks:

- Task 1: Support the free-of-charge use of urgent telecommunications services and maritime mobile telecommunication services for the searching and rescue at sea via the coastal communications station system;

- Task 2: Support the supply of telecommunications services for direction and operation of natural disaster prevention and control.

3. Subprogram No. 3: Community connection

a) Specific objectives:

- Objective 1: Ensure that service users are exempt from charges when using services supporting the lookup of number of fixed telephone subscribers;

- Objective 2: Ensure that people living in communes having low rate of households using fixed broadband Internet access services can access to broadband Internet access services via public Internet access points which are developed and maintained with reasonable cost by the Development program;

- Objective 3: Ensure that poor households and nearly-poor households defined by the State which require communications can access to postpaid terrestrial fixed telephone services or postpaid terrestrial mobile information services with reasonable cost;

- Objective 4: Ensure that fishermen working on fishing boats can access to maritime mobile telecommunication via the coastal information station system with reasonable cost.

b) Tasks:

- Task 1: Support the free-of-charge use of services supporting the lookup of number of fixed telephone subscribers;

- Task 2: Provide equipment to support the establishment of 500 public Internet access service points at communes where the rate of households using fixed broadband Internet access services is low and there is not any public Internet access service point;

- Task 3: Support the operation of 500 public Internet access service points specified in Task 2 abovementioned and of current public Internet access service points within the Program of public telecommunications service supply by 2010 according to Decision No. 74/2006/QD-TTg dated April 07, 2006 by the Prime Minister;

- Task 4: Support the poor households and nearly-poor households defined by the State to use the services of 1 number of terrestrial fixed telephone subscriber or 1 number of postpaid terrestrial mobile information subscriber according to the public telecommunication service charge rates, provided that such households have signed a contract with telecommunication enterprises for using services;

- Task 5: Support fishermen working on fhishing boats at sea to use maritime mobile telecommunication services (HF or VHF phones) via the coastal communications station system according to charges imposed on public telecommunications services.

4. Subprogram No. 4: Connection in office

a) Specific objectives:

- Objective 1: Ensure that more than 99% of educational institutions, hospitals and People’s Committees of communes nationwide can access to broadband Internet access services with reasonable costs;

- Objective 2: Ensure the accessibility of people to online public services.

b) Tasks:

- Task 1: Support the broadband Internet connection of educational institutions, hospitals and People’s Committees of communes which have not accessed to broadband Internet;

- Task 2: Support educational institutions, hospitals and People’s Committees of communes to use broadband Internet access services according to the charges imposed on public telecommunications services;

- Task 3: Support hospitals specified in the 2013 – 2020 period satellite hospital project to use line leasing services according to the charges imposed on public telecommunications services.

- Task 4: Support the establishment of electronic information gates of People’s Committees at all levels and online public services for people, concentrating on remote and isolated areas, disadvantaged areas, border areas and islands.

5. Subprogram No. 5: Digital televition connection

a) Specific objectives:

Ensure that people nationwide, especially poor households, nearly-poor households and other beneficiaries of incentive policies defined by the State who live in remote and isolated areas, disadvantaged areas, border areas and islands and watch television programs to serve the tasks of political objectives or essential dissemination via transmitting and broadcasting terrestrial or satellite digital television signal.

b) Tasks:

- Task 1: Support the equipment of digital terrestrial television (DTT) transmitter to broadcast program channels for essential political duties and information dissemination for remote and isolated areas, disadvantaged areas, border areas and islands;

- Task 2: Support the establishment of electronic information gates and switchboards for aiding, consulting and resolving digital television information;

- Task 3: Support the supply of services transmitting digital signal via VINASAT satellite to broadcast television programs serving essential political objectives and information dissemination for mountaineous, border and island areas or concave areas which cannot not receive DTT signals easily;

- Task 4: Support the investigation into television receiving and watching modes and investigation into digitalizaton of television transmission and broacasting;

- Task 5: Support poor households and nearly-poor households and other beneficiaries of incentive policies defined by the State by equiping them with terrestrial or satellite digital television if they have been equipped similar television receivers and have not used digital television, cable television or Internet television services (IPTV).

V. IMPLEMENTATION

1. Support for establishment of telecommunications infrastructure

a) The Ministry of Information and Communications shall guide People’s Committees of provinces and central-affiliated cities (hereinafter referred to as People's Committees of provinces) to make lists and estimate the budget for investment in the construction of telecommunications infrastructure in local areas;

b) On the basis of the guidance of the Ministry of Information and Communications, People's Committees of provinces shall cooperate with telecommunication enterprises in preparing and sending lists and budget estimates for the investment in the construction of telecommunications infrastructure in local areas to the Ministry of Information and Communications;

c) On the basis of the Lists and budget estimates for investment in the construction of telecommunications infrastructure in local areas sent by People's Committees of provinces, the Ministry of Information and Communications shall conduct inspection and grant approval for the Lists and the budget estimates abovementioned;

d) On the basis of the approved Lists and the budget estimates, the Ministry of Information and Communications shall choose an investor to conduct and manage the investment projects according to current laws pertaining to investment, tendering and construction;

dd) Each telecommunication enterprise chosen to be the investor shall plan and send to the Ministry of Information and Communications an investment project and execute the approved investment project according to laws on investment, tendering and construction, and prepare a financial statement of the project according to laws;

e) Vietnam public telecommunications services fund shall prepare and provide directly or by through the State Treasuries for the enterprises being the investor according to regulations on financial management of the Fund.

2. Support by supplying digital television receivers

a) The Ministry of Information and Communications shall guide People's Committees of provinces to prepare the Plans and estimates for the supply of digital television receivers in local areas;

b) On the basis of the Plans and the estimates for the supply of digital television receivers sent by People's Committees of provinces, the Ministry of Information and Communications shall conduct inspection and grant approval for the Plans and the budget estimates;

c) On the basis of the approved Plans and the budget estimates, the Ministry of Information and Communications shall choose investors responsible for execution and management of the projects for purchasing digital television receivers according to current laws pertaining to investment and tendering;

d) The chosen investors shall plan and send to the Ministry of Information and Communications the projects and conduct tenders for purchasing digital television receivers according to laws on investment and tendering and prepare a financial statement according to laws;

dd) People's Committees of provinces shall preside over and cooperate with the chosen investors to distribute digital television receivers exactly, promptly and directly to beneficiary subjects according to regulations and inspect and monitor the supporting activities in local areas;

e) Vietnam public telecommunications services fund shall prepare and provide directly or through the State Treasuries for the chosen investors according to regulations on financial management of the Fund.

3. Support by supplying public telecommunications services

a) The Ministry of Information and Communications shall specify the list of public telecommunications services, beneficiary subjects, charges of public telecommunications services and supporting rates and shall guide telecommunications enterprises to prepare estimates to support the uutility of public telecommunications services;

b) Telecommunications enterprises shall prepare and send to the Ministry of Information and Communications the budget estimates supporting the supply of public telecommunications services for compilation to form a basis for approving the Plan on financial support for the annual supply of public telecommunications services;

c) Every year, enterprises supplying public telecommunications services shall total up and report exactly and promptly the funding serving the supply of public telecommunications services to the Ministry of Information and Communications on the basis of the figures approved by relevant Ministries and People's Committees of provinces;

dd) Vietnam public telecommunications services fund shall distribute and pay the supportive budgets directly or by entrustment to State Treasuries to enterprises supplying public telecommunications services according to the report which has been approved by the Ministry of Information and Communications;

dd) Ministries and People's Committees of provinces shall cooperate with the Ministry of Information and Communications in managing, inspection and monitoring the supply of public telecommunications services of telecommunications enterprises.

4. The Ministry of Information and Communications shall provide specific guidance on the implementation of other tasks of the Program.

VI. MANAGEMENT OF THE PROGRAM

1. The management board for the Program of public telecommunications services supply affiliated to the Ministry of Information and Communications shall be established to help the Minister to control and direct the implement of the Program nationwide.

The Minister of Information and Communications shall detail functions, tasks, powers and organizational structure of the management board of the Program of public telecommunications services supply.

Funding for the operation of the management board of the Program of public telecommunications services supply shall be covered by the receipts of Vietnam public telecommunications services fund prescribed in Clause 3 Article 8 of Decision No. 11/2014/QD-TTg dated January 27, 2014 by the Prime Minister.

2. The Services of Information and Communications shall be the standing agencies helping People's Committees of provinces to manage the conduct of tasks of the Program in local areas.

3. Any Ministries assigned to conduct the Program shall appoint a funtional unit to help it to control the conduct of tasks under the Program.

Article 2. Implementation

Tasks and plans of the Program shall be conducted regularly, continuously and not depended on annual investment decisions. Ministries, regulatory bodies, People's Committees of provinces and agencies, organizations and enterprises shall have responsibilities as follows:

1. The Ministry of Information and Communications shall:

a) Guide Ministries and People's Committees of provinces to prepare the Lists and budget estimates for the investment in the construction of telecommunications infrastructure, Plans and budget estimates for the supply of digital television receivers; guide telecommunications enterprises to formulate budget estimates for the supply of public telecommunications services in local areas;

b) Grant approval for Lists and budget estimates for the investment in the construction of telecommunications infrastructure, Plans and budget estimates for the supply of digital television receivers;

c) Choose units to be the investor and manage investment projects under the Program according to laws;

d) Preside over and cooperate with Ministries and People's Committees of provinces to provide guidance on the conduct, management, direction, monitoring, inspection and proposing amendments to the Program and wrap up the conduct of the Program;

dd) Promulgate the List of public telecommunications services; provide regulations on quality, charges, subjects, scale and rate of support for public telecommunications services supply;

e) Provide regulations and guide the implementation and the reporting on the implementation of tasks under the Program;

g) Grant approval for the financial statements of the Program.

2. The Ministry of Finance shall:

a) Preside over and cooperate with the Ministry of Information and Communications guiding the accounting, collection and remittance of telecommunications enterprises to Vietnam public telecommunications services fund; guide the management and distribution of funding under the Program to relevant agencies, ogranizations and enterprises;

b) Guide the reporting on funding for the annual conduct of the Program and the formulation of financial statements of the Program;

c) Guide the use of funding for the management of the Program and the financial mechanism of the management board of the Program of public telecommunications services supply;

d) Direct and monitor the State Treasury systems, ensureing the entrusted payment from Vietnam public telecommunications services fund to conduct the Program.

3. The Ministry of Planning and Investment shall:

a) Preside over and cooperate with the Ministry of Information and Communications in regulating and guiding the conduct of statistical investigation related to the use of public telecommunications services of individuals, households, educational institutions, hospitals and People’s Committees of communes in the Plan on statistical investigation;

b) Cooperate with the Ministry of Information and Communications in conducting inspection of the implementation of investment projects according to regulations on investment and tendering.

4. The Ministry of Education and Training shall:

a) Report necessary data on educational institutions and hospitals to the Ministry of Information and Communications for completing the plan on the implementation of the Program;

b) Direct units within its sector to cooperate with the Ministry of Information and Communications, People's Committees of provinces and agencies, organizations and enterprises participating in the Program to conduct, inspect, assess and wrap up the implementation of tasks related to education and healthcare under the Program.

5. The Ministry of Industry and Trade shall direct Vietnam Electricity to support telecommunications enterprises to commonly use electricity infrastructure (including nationwide electricity fiber-optic infrastructure) according to provisions of Decree No. 72/2012/ND-CP dated September 24, 2012 by the Government.

6. The Ministry of Transport shall:

a) Cooperate with the Ministry of Information and Communications in directing and guiding units within its sector to cooperate with telecommunications enterprises in supporting the common-use of transportation infrastructure, especially along the key traffic routes as prescribed in Decree No. 72/2012/ND-CP dated September 24, 2012 by the Government;

b) Cooperate in inspecting and confirming data to serve the provision of funding for the supply of maritime mobile telecommunication services via the coastal communications station system.

7. Ministries and People's Committees of provinces shall:

a) Prepare and send to the Ministry of Information and Communications the List and the budget estimates for investment in the construction of telecommunications infrastructure in local areas;

b) Prepare and send to the Ministry of Information and Communications the Plan on support by supplying digital television receivers in local areas;

c) Direct, inspect and monitor the supply of digital television receivers to beneficiary subjects in local areas;

d) Cooperate in inspecting and confirming data to serve the provision of funding for the supply of public telecommunications services;

dd) Manage, direct, disseminate, inspect, handle violations, assess and total up the conduct of assigned tasks under the Program;

e) Report essential data and cooperate with the Ministry of Information and Communications in the implementation of the Program;

g) Preside over and cooperate with the Ministry of Information and Communications in combining other programs, projects and plans of Ministries and People's Committees of provinces with the Program of public telecommunications service supply.

8. Vietnam public telecommunications service fund shall:

a) Ensure the sufficiency and promptness of the funding for the implementation of tasks under the Program;

b) Provide and inspect and monitor the use of supportive funding from the Fund for the conformable and effective implementation of tasks under the Program.

9. Agencies, organizations and enterprises participarting in the Program shall:

a) Use conformably and effectively funding from the Program;

b) Conduct tasks under the Program on the basis of complying with current law provisions;

c) Prepare and send to the Ministry of Information and Communications the budget estimates supporting the supply of public telecommunications services; make and send the financial statements of the supply of public telecommunications services to the Ministry of Information and Communications;

d) Report essential data and cooperate with Ministries and People's Committees of provinces in conducting, assessing and totalize the conduct of tasks under the Program;dd) Apart from the abovementioned activities, telecommunications enterprises keeping essential means and telecommunications enterprises with dominant position on market shall register for participating in the conduct of tasks under the Program.

10. Agencies, organizations and individuals receiving equipment shall:

a) Manage and use conformably and effectively the supplied equipment;

b) Not present, sell or transfer the supplied equipment to other agencies, organizations and individuals without permission of competent management agencies.

Article 3. This Decision comes into effect from the day on which it is signed and replaces Decision No. 1643/QD-TTg dated September 21, 2011 by the Prime Minister approving the Program of public telecommunications services supply in period 2011 – 2015.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and central-affiliated cities, enterprises, organizations and individuals that are relevant are responsible for implementing this Decision./.