Nghị định 109/1997/ND-CP

Decree of Government No. 109/1997/ND-CP of November 12, 1997 on post and telecommunications

Nội dung toàn văn Decree of Government No. 109/1997/ND-CP of November 12, 1997 on post and telecommunications


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 109/1997/ND-CP

Hanoi, November 12, 1997

 

DECREE

ON POST AND TELECOMMUNICATIONS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
At the proposal of the General Director of the General Department of Post and Telecommunications

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Post and telecommunications is an economic-technical branch of the infrastructure of the national economy and, at the same time, a communication tool of the State of the Socialist Republic of Vietnam.

2. The public post and telecommunications network is the national information and communication means which must be protected and must not be infringed upon by anybody.

Protection of post and telecommunications network is the responsibility of all State agencies, economic organizations, social organizations and peoples armed forces units and all citizens. The Peoples Committees of all levels shall have to protect the information and communication systems in their respective localities.

Article 2.- This Decree shall regulate post and telecommunications relations with a view to raising the State management efficiency, quickly developing and efficiently exploiting the post and telecommunications networks and services to meet the demand for information and communication of the entire society.

All post and telecommunications activities and activities related to post and telecommunications conducted by Vietnamese and foreign organizations and/or individuals in Vietnam shall have to comply with this Decree.

In cases where international treaties on post and telecommunications which the Socialist Republic of Vietnam has signed or acceded to provide for otherwise such international treaties shall apply.

The establishment and operation of the specialized post and telecommunications networks of the Ministry of Defense, the Ministry of the Interior and the link between such networks and the public post and telecommunications network shall be stipulated by the Prime Minister.

Article 3.-

1. Post and telecommunications confidentiality and safety shall be ensured in accordance with the Constitution and laws of the Socialist Republic of Vietnam.

The following acts are strictly forbidden:

a/ Destroying or obstructing the operation of the public post and telecommunications network as well as of the specialized post and telecommunications networks;

b/ Providing and using post and telecommunications services to oppose the State of the Socialist Republic of Vietnam; disturb social order and security; break ethical values and fine traditions and customs; undertake smuggling and illegal activities;

c/ Appropriating, canceling, opening, changing or disclosing the contents of others mails, parcels or telegrams;

d/ Surreptitiously intercepting and/or monitoring telecommunications signals;

e/ Disclosing names and addresses of organizations and/or individuals using post and telecommunications services, unless post and telecommunications subscribers agree to have their names and addresses printed on telecommunications directories.

2. Control of the operation of post and telecommunications networks and services, the inspection, control and confiscation of mails, parcels or telegrams of organizations and/or individuals must be done by the competent State agencies in accordance with the provisions of law.

3. The General Department of Post and Telecommunications shall coordinate with the Ministry of the Interior and the relevant agencies in guiding the application of measures to ensure national security, social order and safety in communication as well as the confidentiality and safety of the post and telecommunication networks and services.

Article 4.- Vietnamese and foreign organizations and/or individuals shall be entitled to use post and telecommunications services.

All organizations and individuals shall have to abide by law when using post and telecommunications services.

No one is allowed to hinder the legitimate right to use post and telecommunications services.

Enterprises providing post and telecommunications services shall be entitled to refuse the provision of services if the service users violate the legislation on post and telecommunications.

Article 5.- The Government shall exercise uniform State management over post and telecommunications.

The General Department of Post and Telecommunications is an agency attached to the Government which shall perform the function of State management over post and telecommunications throughout the country.

The ministries, the ministerial-level agencies, the agencies attached to the Government and the Peoples Committees of all levels shall, within their functions, tasks and powers, coordinate with the General Department of Post and Telecommunications in performing the function of State management over post and telecommunications.

Article 6.- The Government shall uniformly manage post and telecommunications prices, charges and fees.

The General Director of the General Department of Post and Telecommunications shall announce post and telecommunications prices, charges and fees in accordance with Government stipulations.

Article 7.- The General Director of the General Department of Post and Telecommunications shall decide and announce the closing or opening of domestic and international post and telecommunications services, including the closing or opening of experimental services and the provision of computerized information via the public telecommunications network; decide and announce the closing or opening of external post offices and customs control post stations, the public and specialized coastal stations.

Chapter II

THE POST

Section I. THE PUBLIC POST NETWORK

Article 8.- The public post network is composed of technical centers and centers for post exploitation, transportation and management, mailing routes, system of post offices, service places and agents installed throughout the country.

The public post network shall be organized and developed according to the overall plan and plans as well as the technical norms, criteria and standards, and regulations on uniform exploitation issued by the competent State management agencies so as to provide post services for the entire society.

Article 9.-

1. The public post network shall have to operate uninterruptedly, including holidays and sundays.

The concerned branches shall have to coordinate with one another and create necessary conditions for the smooth and continuous operation of the public post network.

2. The General Department of Post and Telecommunications shall stipulate the opening time of post offices. The post offices shall have to post their opening time in service of the users.

Section II. POST SERVICES

I. TYPES OF SERVICES

Article 10.- Post services are services of sending, forwarding and delivering letters, press, publications, money, objects, goods and other material products through the public post network provided by post service providing enterprises.

Article 11.- Post services include:

1. Mail services;

2. Delivery of parcels of up to 31.5 kg;

3. Delivery of parcels of more than 31.5 kg (heavy parcels);

4. Press and periodicals distribution services;

5. Post financial services.

Post services shall be provided and used in accordance with the relevant regulations.

The General Department of Post and Telecommunications shall issue regulations on post services.

II. MAIL, PARCEL AND PRESS DISTRIBUTION SERVICES

Article 12.- Mails and parcels shall come under the senders right to disposal before delivery to the receivers or the authorized receivers, except when they are confiscated or destroyed in accordance with the provisions of law.

The sender is answerable before law for the contents of the information, objects, goods and publications in the postal mails and parcels.

Article 13.-

1. Mails include: letters, postcards, publications, teaching materials used for the blind and small packages.

Mails shall be sent, forwarded and delivered in accordance with the regulations on mails.

2. A letter is a written statement, a copy or print containing private information between the sender and the receiver.

A letter shall be put in an envelope, sealed and kept confidential in accordance with the provisions of the Constitution.

The sender and the receiver may be an organization or individual.

3. A parcel is a package of goods or objects.

Parcels shall be taken delivery, forwarded and delivered in accordance with the regulations on parcels.

Article 14.- It is strictly forbidden to put in mails or parcels the following:

a/ In the country: publications, objects and goods the circulation or possession of which is banned by the State; explosive, inflammable, dangerous or unhygienic objects or substances that may pollute the environment;

b/ To foreign countries and from overseas into Vietnam: publications, objects and goods that are banned from import or export by the State of the Socialist Republic of Vietnam or banned from import by the receiving country; smuggled goods; explosive, inflammable, dangerous or unhygienic objects or substances that may pollute the environment;

2. Precious metals, stones or products made therefrom may be sent in mails or parcels only with declared prices.

Money and cheques of monetary value are allowed to be sent only through the money transfer service.

3. Goods subject to taxes must be attached with tax payment vouchers as prescribed by law.

Article 15.- Mails (except letters and post cards) and parcels sent from Vietnam to foreign countries or from foreign countries into Vietnam must be checked by the competent State agencies in accordance with the provisions of law.

The relevant State agencies shall have to organize and facilitate the filling of procedures for the import and export of mails and parcels.

Article 16.-

1. Organizations and/or individuals providing automobile, air, train or maritime transport services shall have to give priority to the transportation of mails, parcels and press on all transportation lines under the contracts signed with the post service providing enterprises.

2. Owners and operators of transport means shall have to ensure safety for mails, parcels and press during the transportation.

In cases where a transport means carrying mails, parcels and press meets with accident or breaks down during transportation, the owner and operator of such transport means shall have to organize the protection and prompt release of postal bags, mails, parcels and press. The local authority shall have to create conditions for the protection of such bags, mails, parcels and press.

3. On public transport means, all bags, mails, parcels and press shall be placed in separate wagons or compartments. If such separate or wagons or compartments are not available, the owner of transport means shall have to put such bags, mails, parcels and press in a safe place separate from passengers and cargos.

4. Owners of passenger or cargo transport means departing from Vietnam or transiting through Vietnam to other countries that have postal relations with the Socialist Republic of Vietnam shall have to transport Vietnamese mails, parcels and press under the direction of the transport management agency.

5. Post service providing enterprises are allowed to organize their specialized transport forces.

The specialized transport means must be painted and printed with the same post logo.

6. The specialized and public transport means carrying mails, parcels and press by road shall be given priority in:

a/ Crossing ferries, bridges or roads where traffic is jammed;

b/ Subject to the first check if all transport means on road are checked by the competent agency;

c/ Going to, arriving or parking at post offices and places for receiving and delivering postal bags, mails, parcels and press in urban areas.

Article 17.- The opening of bags, mails and parcels being transported for inspection is strictly forbidden, except for cases of national security emergency which shall be determined by the Minister of the Interior and the General Director of the General Department of Post and Telecommunications.

Article 18.- The transportation of diplomatic bags shall be made in accordance with international treaties which the Socialist Republic of Vietnam has signed or acceded to.

Article 19.- Organizations and individuals outside the post service providing enterprises shall not be allowed to engage in services of bringing letters from Vietnam to foreign countries or from overseas into Vietnam.

Article 20.- In emergency cases related to national security and natural calamities, the presidents of the People’s Committees of the provinces and cities directly under the Central Government shall be entitled to mobilize transport means to carry official dispatches, orders and other urgent documents.

Article 21.- Mails, parcels and press shall be delivered at:

1. The receivers addresses;

2. The post offices;

3. The subscribed post boxes.

The General Department of Post and Telecommunications shall decide on the delivery of mails, parcels and press in other cases.

Article 22.- Mails and parcels which cannot be delivered to their receivers or to the authorized receivers or which cannot be returned to the senders or the authorized senders shall, after 12 months from the date of sending, be considered unclaimed.

Article 23.- The General Director of the General Department of Post and Telecommunications and the Minister of Finance shall stipulate the procedures to deal with unclaimed mails and parcels on the following principles:

1. Publications, papers or objects necessary for study or archive shall be handed over to the relevant agency(ies) or organization(s). Other papers and publications shall be kept at the place of settlement for 6 months before they are destroyed.

2. Goods shall be priced and put on sale. The money gained from the sale of goods shall be put into the temporary deposit bank account. Within 6 months from the date of depositing money, the eligible person with full evidences shall be entitled to receive back the money gained from the sale of goods after the reasonable costs have been deducted. Upon the expiry of this time-limit, the money gained from the sale of goods shall be remitted to the State budget.

The completely damaged objects and goods shall be destroyed;

3. The handling of forsaken mails and parcels shall be conducted by a council and put on record.

III. POST FINANCIAL SERVICES

Article 24.- Post financial services include:

1. Money transfer;

2. Post cheques;

3. Payment through the post;

4. Money collection and payment;

5. Other monetary services.

Article 25.- Post service providing enterprises shall be entitled to provide post financial services under conditions prescribed by law and shall have to obtain operation permits from the specialized State management agency.

Article 26.- Money sent or paid through post financial services shall come under the sender’s right of disposal till it has been received or paid, except when such money is confiscated in accordance with the provisions of law.

Article 27.- Money sent or paid through post financial services, which cannot be delivered or paid to the receiver or the authorized receiver and cannot be returned to its sender or beneficiary, either, shall, after 12 months from the date of sending, be considered forsaken.

Article 28.- All unclaimed money shall be put into the temporary deposit bank account. Within 6 months from the date of its depositing, the eligible person with full evidences shall be entitled to take back such money.

Past this time-limit, the forsaken money shall be remitted to the State budget.

Section III. POSTAGE STAMPS

Article 29.- A postage stamp is a special print used for the payment of post charges and also for the purpose of philately.

The General Department of Post and Telecommunications is the only agency entitled to issue Vietnamese postage stamps.

Article 30.-

The issue of postage stamps shall have to comply with the following provisions:

1. A five-year plan and annual programs on topics of postage stamps.

The General Director of the General Department of Post and Telecommunications shall decide programs on topics of postage stamp.

The issue of postage stamps to mark big anniversaries and major national and international events must be approved by the competent State agency;

2. Approving stamp designs: the stamp designs must be evaluated by a consulting council set up by the General Department of Post and Telecommunications.

The General Director of the General Department of Post and Telecommunications shall base him/herself on the councils opinions to approve the stamp designs;

3. Printing stamps: The General Director of the General Department of Post and Telecommunications shall decide the printing of stamps, including the quantity and place for printing.

Stamps may be printed inside or outside the country but must ensure both safety and economic efficiency;

4. Issuing stamps: Postage stamps shall be of use value only when their issuance has been announced by the General Department of Post and Telecommunications.

Postage stamps issued on special occasions shall be marked with celebration seals and have an envelope marking the first day of their issue.

Article 31.- The selling price of a postage stamp for the payment of the post charge is the price printed on the stamp.

If it is necessary to collect surcharges in support of social welfare funds for humanitarian reasons, the permission from the Prime Minister is required and the type(s) of postage stamps with surcharge(s) printed thereon shall be issued.

Article 32.- The General Director of the General Department of Post and Telecommunications shall stipulate the philatelic stamp business in the country and with foreign countries, stipulate the export of Vietnamese postage stamps and the import of foreign postage stamps.

Article 33.- Postage stamps shall be protected and kept in accordance with the provisions of law.

Chapter III

TELECOMMUNICATIONS

Section I. THE PUBLIC TELECOMMUNICATIONS NETWORK

Article 34.- The public telecommunications network includes the national telecommunications trunk system (the inter-provincial and international transmission and switchboard systems), intra-provincial and intra-district systems, system of service locations and data terminal equipment systems.

The public telecommunications network shall be organized and developed according to the overall plan and plans and be managed and exploited according to the technical norms, criteria, regulations and exploitation procedures issued in a unified manner by the competent State agencies or allowed to be applied for the provision of telecommunications services for the entire society.

The State shall effect unified organization and management of the national telecommunications trunk system.

Article 35.- The public telecommunications network must operate uninterruptedly day and night, in all circumstances.

Article 36.- Operation of the public telecommunications network must not harm the environment and economic and social activities. Economic and social activities must not affect the operation of the public telecommunications network, especially must not cause harmful interferences or damage wires, cables, antenna and telecommunications equipment systems.

All violations must be handled in accordance with the provisions of law.

Section II. TELECOMMUNICATIONS SERVICES

Article 37.- Telecommunications services are services of transmitting, archiving and providing information in the forms of transmitting, broadcasting and/or receiving symbols, signals, data, letters, sounds and images through the public telecommunications network supplied by the telecommunications service providing enterprises.

Article 38.- Telecommunications services include:

1. Telephone services

2. Telegraph services;

3. Telex services;

4. Facsimile services;

5. Data transmission services;

6. Telecommunications channel leasing services;

7. Television and photo transmission services;

8. Electronic press transmission services;

9. Multi media services

10. Mobile phone services;

11. Paging services;

12 Internet services;

13. Information archiving and providing services.

Telecommunications services shall be provided and used in accordance with the regulations on telecommunications services.

The General Department of Post and Telecommunications shall issue regulations on telecommunications services.

Article 39.- Organizations and/or individuals shall have the right to subscribe for telecommunications services at their own addresses or use telecommunications services at post offices and service locations in accordance with the regulations on telecommunications services.

Telecommunications service users shall be served all day and night, including holidays and sundays. If the telecommunications service providing enterprise cannot meet the users demands, it must notify the users of the reason therefor.

Telecommunications service users are answerable before law for the contents of information when using telecommunications services.

Telecommunications subscribers are not allowed to use the subscribed equipment for telecommuni-cations service business.

Article 40.- The designing and installation of the subscribed telecommunications equipment or network may be carried out by the subscribers themselves or by other organizations and/or individuals but must abide by the technical norms and regulations of the State.

The hook-up of the subscribers addresses to the public telecommunications network shall be conducted by the telecommunications service providing enterprises.

Article 41.-

1. The General Director of the General Department of Post and Telecommunications shall decide the closing and opening of inter-provincial and international telecommunications lines inside the country belonging to the national telecommunications trunk system; and stipulate the renting and leasing of telecommunications channels belonging to such system.

2. Telecommunications service providing enterprises are entitled to use channels of the national telecommunications trunk system for the provision of telecommunications services in accordance with the regulations of the General Department of Post and Telecommunications.

3. Organizations and/or individuals having specialized telecommunications networks are entitled to rent channels for internal communication.

Article 42.- The management, establishment, provision and use of Internet and Internet services in Vietnam shall comply with the provisional regulations on the management, establishment and use of Internet in Vietnam, issued together with Decree No.21-CP of March 5, 1997 of the Government and Decision No.136-TTg of March 5, 1997 of the Prime Minister on the establishment of the National Committee for Internet Coordination in Vietnam.

Article 43.- Telecommunications services shall be graded at different levels of priority according to the time norms so that all organizations and individuals can use such services.

The General Director of the General Department of Post and Telecommunications shall determine the priority levels.

Article 44.- Priority shall be given to the immediate transmission of the following types of information:

1. Prevention and combat against storms and floods, fires and other natural calamities;

2. First aid, prevention and fight against human epidemics;

3. Urgent information on defense and security;

4. Information on rescue and salvage of airplanes or ships which are in danger or distress.

5. Other urgent information related to public utility.

In the above-said emergency cases, the General Director of the General Department of Post and Telecommunications shall decide to mobilize part or all of the telecommunications networks, including the public and specialized networks, to meet such urgent demands.

Article 45.- The following subjects shall be given priority in using telecommunications services:

1. The Party and State leaders, the ministers and the presidents of the Peoples Committees of the provincial and equivalent level.

2. Heads of the State, heads of foreign government delegations on visit in Vietnam, and heads of diplomatic missions or representative offices of international and non-governmental organizations in Vietnam.

Article 46.- Telegrams, telex, fax or other documents transmitted through telecommunications services are called collectively electronic messages.

Party and State agencies of different levels, peoples armed forces units, foreign diplomatic missions, representative offices of international organizations eligible for diplomatic immunity shall be allowed to use coded languages in electronic messages.

Other subjects who wish to use coded languages in electronic messages shall have to register with and get permission from the competent State management agency.

Article 47.- Electronic messages shall be delivered:

1. At the receivers addresses;

2. At post offices;

3. Through telecommunication subscription.

The General Department of Post and Telecommunications shall provide for the delivery of electronic messages in other cases.

Article 48.- A sender shall be notified of his/her electronic message which cannot be delivered and such message shall be kept for 6 months from the date of its sending. Beyond this time-limit, the message shall be annulled.

Section III. THE SPECIALIZED TELECOMMUNICATIONS NETWORK

Article 49.- A specialized telecommunications network is established by an agency, an organization or an enterprise for using as voice or non-voice communication means within such agency, organization or enterprise.

The establishment of the specialized telecommunications networks within Vietnamese territory shall comply with the provisions of this Decree.

The Ministry for Foreign Affairs is allowed to establish a specialized telecommunications network for communication with overseas diplomatic missions of the Socialist Republic of Vietnam.

The General Director of the General Department of the Socialist Republic of Vietnam shall stipulate the establishment and operation of the wireless communications stations of foreign agencies and organizations in Vietnam.

Article 50.- Agencies, organizations and/or enterprises wishing to set up their own specialized telecommunications networks shall have to meet the following conditions:

1. Having obvious use purposes;

2. Having the networks structure and design, mode and scope of operation as well as technical norms and criteria of the network and equipment thereof.

The General Department of Post and Telecommunications shall stipulate the receipt of applications, examine dossiers and issue permits for the establishment of networks.

A specialized telecommunications network shall be allowed to operate only after the permit therefor is obtained from the General Department of Post and Telecommunications.

Article 51.- Agencies, organizations and/or enterprises allowed to establish specialized telecommunications networks shall have to meet the following requirements:

1. To operate in accordance with the provisions of law and their permits;

2. Not to use the specialized telecommunications network for public telecommunications service business;

3. Not to cause harmful interferences or affect the operation of the public telecommunications network and other specialized networks;

4. Not allowed to connect its specialized network directly to other specialized telecommunications networks.

Article 52.- The connection of a specialized telecommunications network to the public telecommunications network shall have to meet the following conditions:

1. The specialized network has the technical standards and equipment suited to the public telecommunications network;

2. Complying with the provisions on hookup, network integration and exploitation.

Article 53.- The specialized telecommunications networks shall operate in accordance with the provisions of this Decree and other provisions of law; and subject to the inspection and control by the General Department of Post and Telecommunications and the competent State agencies.

Chapter IV

RADIO BAND AND TRANSMITTERS

Section I. MANAGEMENT OF RADIO FREQUENCIES AND TRANSMITTERS

Article 54.- Radio bands and VSAT (Very Small Aperture Terminal) orbit under Vietnamese sovereignty are national resources, which must be exploited and used lawfully and efficiently.

Transmitting equipment of frequency bands from 9KHz to 400 GHz shall have to use frequencies in compliance with the professional operations assigned or determined to them in accordance with the national frequency planning.

The national frequency planning shall be made by the General Department of Post and Telecommunic-ations and submitted to the Prime Minister for ratification.

Article 55.- Domestic and foreign organizations and/or individuals in Vietnam (except the Ministry of Defense and the Ministry of the Interior) that wish to install, use and reserve radio transmitters on Vietnamese territory (including on transport means) and use radio frequencies for fixed or mobile operations, radio and television broadcasting, aviation, navigation, positioning, satellites, standardized broadcasting and other professional operations shall have to obtain permission from the General Department of Post and Telecommunications and shall be allowed to install, use and reserve them only after getting permits.

Any change in frequencies, bands, transmission capacity or movement of the above-said radio transmitters must be permitted by the General Department of Post and Telecommunications.

Conditions for being granted permits for installation, use and reservation of radio transmitters:

1. Having obvious use purposes;

2. The equipment meets the technical norms and criteria prescribed by the State;

3. The equipment operator has a professional certificate granted by the competent State agency.

Article 56.- It is strictly forbidden to:

1. Install, use and/or reserve radio transmitters and use radio frequencies without permit;

2. Illegally export or import radio transmitters;

3. Cause harmful interferences;

4. Use the emergency, international and national safety frequencies for wrong purposes.

Article 57.- Domestic and foreign organizations and/or individuals wishing to import and/or export radio transmitters shall have to obtain consent from the General Department of Post and Telecommunications.

Article 58.- Domestic and foreign organizations and/or individuals in Vietnam that have been granted permits for using radio transmitters and radio frequencies, upon expiry of their permits or the suspension of operation, shall have to report in writing to the General Department of Post and Telecommunications. If they wish to continue the use of radio transmitters and frequencies, they must apply for extension of their permits as prescribed by the General Department of Post and Telecommunications.

Article 59.- Communications equipment placed on foreign vessels or airplanes shall have to stop their operation when the vessel moves into the inland waters or the airplane has landed on an airport of Vietnam. All telecommunications contacts with any places shall have to comply with Vietnamese law.

Vietnamese and foreign vessels and airplanes moving in or out or staying at Vietnams seaports and airports shall have to comply with Vietnamese law and submit to inspection by the competent management agency of the Vietnamese State of their permits and certificates related to the use of radio transmitters.

Vessels and airplanes transiting through Vietnamese territory shall be subject to supervision by the General Department of Post and Telecommunications regarding their use of radio frequencies.

Article 60.- Organizations and/or individuals that are allowed to use radio transmitters and radio frequencies shall have to apply the following measures to combat harmful interferences:

1. Maintaining their transmission frequencies within the permitted frequency variation;

2. Reducing vibrating radiation and parasitic radiation to the lowest level;

3. Using the transmission mode with the narrowest frequency band;

4. Restricting the transmission in unnecessary directions;

5. Using the lowest level of capacity just enough to ensure information quality.

Section II. INTERNATIONAL REGISTRATION OF RADIO FREQUENCIES AND SATELLITE ORBIT

Article 61.- The General Department of Post and Telecommunications shall have to make international registration of radio frequencies for radio professional information services throughout the country and registration of VSAT orbit.

Article 62.- The General Department of Post and Telecommunications shall manage the use of VSAT orbit under the sovereignty of Vietnam as well as the renting and leasing of satellite channels.

Article 63.- Domestic and foreign organizations and/or individuals in Vietnam wishing to set up ground stations or use the information equipment system via satellite shall have to apply for permission from the General Department of Post and Telecommunications.

Section III. MANAGEMENT OF NON-PROFESSIONAL RADIO FREQUENCIES

Article 64.- Vietnamese and foreign organizations and/or individuals wishing to install and use non-professional radio equipment within Vietnamese territory shall have to apply for permission from the General Department of Post and Telecommunications.

Users of non-professional radio equipment must obtain lawful amateur radio certificates and shall have to abide by the provisions of this Decree as well as the regulations on amateur radio.

The General Department of Post and Telecommunications shall issue regulations on amateur radio.

Section IV. CONTROLLING AND DEALING WITH HARMFUL INTERFERENCES

Article 65.- The General Department of Post and Telecommunications shall have to:

1. Organize and manage the system of inspection and control of the use of radio transmitters and radio frequencies throughout the country;

2. Stipulate measures to combat interferences harmful to telecommunications networks, radio and television signal transmitting and broadcasting establishments and other radio receiving and/or broadcasting establishments in accordance with Vietnamese law and the international treaties on radio information which the Socialist Republic of Vietnam has signed or acceded to.

Article 66.- Users of radio transmitters, equipment that may cause electric sparks, electric, civil electronic and arc equipment in the fields of industry, construction, communications and transport, health care, scientific research and other fields shall have to take measures to restrict interferences as provided for by the General Department of Post and Telecommunications.

Article 67.- Organizations and/or individuals that complain about harmful interferences shall have to send a relevant report to the General Department of Post and Telecommunications, which must state clearly the time and place the interferences occur as well as the interference phenomenon at the affected station. The General Department of Post and Telecommunications shall deal with harmful interferences in accordance with Vietnamese law and the international treaties on radio information which Vietnam has signed or acceded to.

Section V. RADIO FREQUENCY COMMITTEE

Article 68.- The Radio Frequency Committee is a multi-disciplinary organization which shall assist the Prime Minister in:

1. Examining strategic projects and radio frequency planning before submitting them to the Prime Minister;

2. Proposing measures to combat harmful interferences and solutions to ensure safety for radio frequency bands between the specialized telecommunications networks of the Ministry of Defense and the Ministry of the Interior and the public telecommunications network and other telecommunications networks, radio and television signal transmitting and broadcasting establishments;

3. Monitoring, assuring and supervising the coordination between the Ministry of Defense, the Ministry of the Interior and the General Department of Post and Telecommunications in controlling the use of radio frequencies, handling harmful interferences and ensuring national security and communication safety.

Article 69.- The Radio Frequency Committee shall be headed by the General Director of the General Department of Post and Telecommunications as its Chairman; a Vice Minister of Defense and a Vice Minister of the Interior shall be the Vice Chairmen; the other members of the Committee shall be representatives of a number of ministries and branches decided by the Prime Minister.

The functions, tasks, powers, organizational structure and operation of the Radio Frequency Committee shall be determined by the Prime Minister.

Chapter V

POST AND TELECOMMUNICATIONS PRICES, CHARGES AND FEES

Article 70.- Post and telecommunications prices, charges and fees include domestic and international post and telecommunications prices, charges and fees.

All agencies, organizations and individuals using post and telecommunications services shall have to pay charges and fees in accordance with the current regulations.

Charges and fees related to post and telecommunications and radio frequencies shall be announced and effected in accordance with the provisions of law.

Article 71.-

1. The Government shall specify the price frame and standard charges for a number of post and telecommunications products and services of high social and public utility character.

2. The General Department of Post and Telecommunications shall determine the price frame and standard charges for post and telecommunications products and services of high social and public utility character beyond the list announced by the Government.

3. Post and telecommunications enterprises shall, basing themselves on the price and charge frame provided for by the State, decide prices and charges for their products and services as well as for products and services the prices or charges of which have not been specified by the State.

4. Post and telecommunications prices and charges must be posted at transaction offices.

Article 72.- An enterprise providing post and telecommunications services shall have to repay the collected charges in one of the following cases where:

1. The charges have been wrongly compared to current regulations;

2. Any loss, damage or mistake caused to the postal mails, parcels and money due to the fault of the service providing enterprise;

3. The enterprise fails to ensure the quality of its services in accordance with the signed contract;

4. The enterprise fails to ensure time norms for high-quality services for which time norms have been determined.

The service providing enterprise shall also have to pay compensation as provided for in this Decree.

Article 73.- The Ministry of Finance and the General Department of Post and Telecommunications shall define the types of post, telecommunications and radio frequency charges and fees, their levels and organize their collection.

Article 74.- The General Department of Post and Telecommunications shall determine prices or price bracket for payment between enterprises involved in the provision of post and telecommunications services.

Payment shall be made through contracts or other written agreements between the enterprises.

Chapter VI

COMPLAINTS AND COMPENSATION FOR DAMAGE RELATED TO POST AND TELECOMMUNICATIONS SERVICES

Section I. COMPLAINTS

Article 75.- Users of post and telecommunications services shall have the right to complain about errors of an enterprise in the provision of post and telecommunications services.

A complainant shall have to supply all papers and evidences related to his/her complaint and shall take responsibility for the contents of his/her complaint.

Article 76.- The statute of limitations for making a complaint is determined as follows:

1. For domestic post services: not exceeding 12 months from the date of using the service;

2. For domestic telecommunications services: not exceeding 3 months from the date of using services;

3. For charges and fees: not exceeding 01 month from the date of paying charges and fees.

4. For international post and telecommunications services: the provisions of international treaties on post and telecommunications which the Socialist Republic of Vietnam has signed or acceded to shall apply.

Except for special cases defined by the General Director of the General Department of Post and Telecommunications, all complaints shall not be settled after expiry of the prescribed statute of limitations.

Article 77.-

1. The complaint-receiving unit shall have to notify in writing the complainant of the receipt of his/her complaint within 48 hours after receiving it.

2. All complaints from users of post and telecommunications services must be examined, concluded and settled within 2 months from the date of their receipt for domestic post and telecommunications services, and 3 months for international post and telecommunications services.

3. All complaints must be settled in accordance with the provisions of law and this Decree. Enterprises providing post and telecommunications services shall have to notify the settlement result to the complainant.

Article 78.- Enterprises providing post and telecommunications services shall have the right to complain about violations by post and telecommunications services users or other violations that affect the operations of the enterprises or cause losses to them.

The complaint and settlement of complaints shall have to comply with the provisions of law.

Section II. COMPENSATION FOR DAMAGE

Article 79.- Enterprises providing post and telecommunications services that fail to perform or do not fully perform their obligations in the provision of post and telecommunications services shall have to pay compensation for damage as prescribed in this Decree.

Article 80.- The compensation for damage is stipulated as follows:

1. For numbered and express mails: compensation shall be made according to the types of mail and their levels of volume;

2. For parcels of 31.5 kg or less: compensation shall be made according to the levels of volume.

3. For mails and parcels with declared prices: compensation shall be made according to prices declared by the sender when sending the mails or parcels.

4. For parcels of more than 31.5 kg (heavy parcels): compensation shall be made in accordance with the provisions of law on the transportation of goods;

5. For money transferred through post financial services: the money shall be refunded and the interests thereon shall be paid in accordance with the provisions of Item 2, Article 313 of the Civil Code;

6. For international mails, parcels and money orders: compensation shall be made in accordance with international treaties on post.

Additionally, the involved enterprises shall have to repay the collected charges and/or fees and make compensation for the tax amount already paid in Vietnam (if any).

Article 81.- Compensation for damage caused to postal mails and parcels shall be made by the involved post and telecommunication service providing enterprises in Vietnam Dong.

Article 82.- The compensation amount shall be paid to the sender or the receiver, if the sender so requests.

As for mails or parcels partially damaged or lost, if the receiver agrees to take it, the remaining parts of such mails or parcels shall still be delivered and compensation for the damaged or lost parts shall be paid to him/her.

After having paid compensation, if the enterprise providing post and telecommunications services finds out that the mail, parcel or money has been duly delivered or the damage, delay or wrong delivery thereof is due to the senders fault, the receiver who has been compensated shall have to refund the compensation amount.

Article 83.- The enterprises providing post and telecommunications services shall not have to pay compensation for damage in the following cases:

1. Force majeure;

2. Due to the senders fault;

3. The object being sent has been ruined due to its natural properties;

4. The mail, parcel or money has been confiscated by the competent State agency in accordance with the provisions of law;

5. Non-registered parcels.

Article 84.- The General Director of the General Department of Post and Telecommunications shall specify the compensation for damage and compensation levels.

Article 85.- If the enterprises providing post and telecommunications services fail to ensure their services quality and time norms already promulgated or agreed upon in the contracts, they shall have to refund part or all of the collected charges and fees.

Chapter VII

PRODUCTION, ASSEMBLY AND IMPORT OF POST AND TELECOMMUNICATIONS EQUIPMENT AND MATERIALS

Article 86.- Post and telecommunications equipment and materials include assorted equipment and materials used exclusively for the public post and telecommunications network and specialized post and telecommunications networks.

The General Department of Post and Telecommunications shall announce the list of post and telecommunications equipment and materials, including spare parts and complete equipment.

Article 87.- The production and/or assembly of post and telecommunications equipment and materials in Vietnam for use as import substitutes shall be carried out according to law as well as to the overall plan and plans for the development of post and telecommunications branch.

The General Department of Post and Telecommunications shall propose to the competent State agencies to work out measures to encourage domestic and foreign organizations and individuals to invest in this field.

Article 88.- Post and telecommunications equipment and materials made in the country or imported for domestic consumption shall have to conform to the Vietnamese post and telecommunications technologies and network and ensure technical norms and criteria issued or allowed to be applied by the State.

The General Department of Post and Telecommunications shall determine the list of home-made and imported post and telecommunications equipment and materials which must go through quality evaluation and shall organize the expertise of such equipment and materials before they are allowed to be circulated on the Vietnamese market or installed in post and telecommunications networks.

Chapter VIII

CONSTRUCTION OF POST AND TELECOMMUNICATIONS PROJECTS

Article 89.- When building post and telecommunications works (including projects in the public and specialized post and telecommunications networks), the project owners shall have to:

1. Invest in and build the project(s) in strict compliance with the ratified overall plan and plans for the development of the network; and with the economic and technical procedures, regulations and norms set specifically for the post and telecommunications service;

2. Observe State regulations on the construction of infrastructure projects;

3. Submit to the specialized post and telecommunications inspection by the General Department of Post and Telecommunications;

The General Department of Post and Telecommunications is entitled to suspend or propose the competent State agency to suspend the construction or installation if it detects any violations.

Article 90.-

1. Enterprises providing post and telecommunications services shall be given priority in:

a/ Using the air space, land area, underground space, river bed and sea bed for the construction of post and telecommunications works;

b/ Building ground or underground wire cables inside buildings, on streets, along traffic lines; building the system of antennae and other related works in necessary places in conformity with technical requirements;

c/ Building technical centers for post and telecommunications exploitation and control, post offices, public telephone booths and post boxes in locations suited to technical and exploitation requirements and convenient for users in urban areas, population areas, industrial parks and export processing zones and other necessary places;

d/ Setting up transaction offices and exploitation establishments at railway stations, car terminals, airports, seaports and other traffic hubs to meet the users demands and to receive and deliver bags, mails and parcels from inside and outside the country.

The designing and construction of post and telecommunications establishments at traffic hubs shall be managed by the project owners at the concerned places with the participation of the post and telecommunications service providing enterprises.

2. The construction of the post and telecommunications projects shall comply with the provisions of law and must be allowed by the competent State agency.

Article 91.- When building or repairing their own works, organizations and/or individuals shall have to comply with technical regulations on ensuring safety for post and telecommunications works; shall not affect the normal operation of the already built post and telecommunications works or cause interferences to the post and telecommunications equipment and networks.

Article 92.- Projects belonging to the public telecommunications network shall be put into operation and exploitation only when they meet all technical norms and criteria on network connection and integration.

Projects belonging to the specialized telecommunications networks shall be put into operation and exploitation only when they meet all technical norms and criteria specified in the designs already approved by the General Department of Post and Telecommunications.

Article 93.- Foreign organizations and/or individuals wishing to install telecommunications cables in exclusive economic zones or on the continental shelf of Vietnam must obtain permission from the Vietnamese Prime Minister.

The General Department of Post and Telecommunications shall receive their proposals, examine and submit them to the Prime Minister for consideration and decision.

Chapter IX

POST AND TELECOMMUNICATIONS ENTERPRISES

Article 94.- Post and telecommunications enterprises are enterprises set up and operating under the provisions of law in the following fields:

1. Providing post and telecommunications services;

2. Producing post and telecommunications equipment and materials;

3. Exporting, importing and supplying post and telecommunications equipment and materials;

4. Providing consultancy on, surveying, designing and building post and telecommunications projects.

Other enterprises that wish to apply for addition of one or a number of the above-mentioned fields to their business lines shall also have to comply with the provisions of this Decree.

Article 95.- Enterprises providing post and telecommunications services are State enterprises or stock companies where the State holds the dominating or special share, established by decision or with permission of the Prime Minister to provide domestic and international post and telecommunications services in accordance with the provisions of this Decree.

Enterprises providing post and telecommunications services must have their own networks and equipment suited to the plan for development of the public post and telecommunication network, and have a contingent of cadres, technicians and workers specialized in the exploitation of the networks suited to the enterprises technological standard and scope of operation.

Article 96.- Enterprises providing post and telecommunications services shall have the rights and obligations defined by the common provisions of law as well as the following rights and obligations:

1. To use on an equal fooling the national telecommunications trunk system in accordance with the regulations of the General Department of Post and Telecommunications for the provision of post and telecommunications services;

2. To be allocated and entitled to determine frequencies in conformity with the radio frequency plan; to determine network codes according to the plans on numbering the post and telecommunications networks of the General Department of Post and Telecommunications;

3. To cooperate with foreign parties according to the contents and forms decided by the Prime Minister for the development of their networks and services;

4. To mobilize capital in accordance with the provisions of law;

5. To be entitled to the States allowances, price subsidy and adjustments when performing their tasks of producing and supplying products or providing post and telecommunications services for the prevention and combat against natural calamities in rural, mountainous areas and islands and other public utility activities or providing post and telecommunications products and services in accordance with the States price policy;

6. To ensure the non-stop operation of the networks as well as the norms on the quality of the networks and services;

7. To give priority to meeting information and communication demands of the Party and State agencies, meeting the information and communication requirements regarding security and defense, the prevention and combat against natural calamities and other public utility activities;

8. To comply with the price frame and standard charges set by the State; to provide guidance and create conditions for the service users;

9. To implement the regulations of and submit to the control by the competent State agency in ensuring national security, social order and safety, and information confidentiality and safety;

10. To be subject to the States regulation on their post and telecommunications business activities in urban areas and densely populated areas as well as the provision of post and telecommunications services of high profitability for investment in the development of post and telecommunications in rural, mountainous, border and island areas.

Article 97.- Vietnamese enterprises providing post and telecommunications services that wish to act as agents for foreign organizations for the provision of post and telecommunications services in Vietnam shall have to apply for permission from the General Department of Post and Telecommunications.

The General Department of Post and Telecommunications shall promulgate the regulation on post and telecommunications service agency.

Article 98.- Enterprises providing post and telecommunications services shall be managed, granted permits and regulated by the General Department of Post and Telecommunications regarding the establishment and provision of post and telecommunications services.

Article 99.-

1. Enterprises involved in the production, import, export and supply of post and telecommunications equipment and materials as well as in the construction of post and telecommunications projects and other enterprises which apply for the addition of any of the above-mentioned production and business lines shall, depending on their types, be entitled to establish new business lines or add their business lines in accordance with the provisions of law, and to cooperate with foreign parties under the Law on Foreign Investment in Vietnam.

2. Apart from the general conditions prescribed by law, enterprises producing post and telecommunications equipment and materials shall have to meet the following conditions:

a/ To have advanced technologies suited to the planning for the development of the post and telecommunications branch;

b/ Their products must meet all technical criteria prescribed by the State;

c/ To manufacture and assembly radio transmitters with permission of the Prime Minister.

Chapter X

INSPECTION AND HANDLING OF VIOLATIONS

Article 100.- The specialized post and telecommunications inspectorate shall have the tasks and powers to inspect domestic and foreign organizations and individuals in Vietnam in the latter’s observance of post and telecommunications legislation.

The Government shall determine the organizational structure and operation of the specialized post and telecommunications inspectorate.

Article 101.- When conducting an inspection, the inspection delegation or the inspector shall have the right:

1. To conduct on-the-spot examination of post and telecommunications means and equipment, radio transmitters and harmful sources of interference;

2. To examine documents, permits and certificates related to post and telecommunications activities; and the use of radio transmitters and radio frequencies;

3. To suspend or temporarily suspend within its competence, or propose to the competent State agencies to suspend acts of violating post and telecommunications legislation;

4. To impose administrative sanctions according to its competence or propose to the competent State agencies to handle violations;

5. To propose measures for handling and overcoming consequences of the violations of law.

Article 102.- The involved organizations and/or individuals shall have to create conditions for the inspection delegation or inspectors to perform its/their duty and shall have to abide by the decisions of the inspection delegation or the inspectors.

Article 103.- The specialized post and telecommunications inspectorate shall have to observe law and take responsibility before law for its activities.

Article 104.-

1. All organizations and/or individuals shall have the right to lodge their complaints or denunciations to the competent State agency(ies) about acts of violating the legislation on post, telecommunications and radio frequencies.

The agency receiving complaints or denunciations shall have to consider and settle them in accordance with the provisions of law.

2. All organizations and/or individuals shall have the right to lodge their complaints to the head(s) of the agency(ies) that issues inspection decisions on the conclusions and handling measures of the concerned inspection delegation or inspector; and denounce the law-breaking acts committed by the inspection delegation or inspector during the inspection.

Article 105.- Organizations and/or individuals violating this Decree shall be handled in accordance with the provisions of law.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 106.- This Decree takes effect 15 days from the date of its signing and shall replace the Regulation on Post and Telecommunications issued together with Decree No.121/HDBT of August 15, 1987 of the Council of Ministers (now the Government).

The earlier provisions which are contrary to this Decree are now annulled.

The General Director of the General Department of Post and Telecommunications shall have to provide guidances and inspect the implementation of this Decree.

Article 107.- The General Director of the General Department of Post and Telecommunications, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER




Phan Van Khai

 

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Thuộc tính Văn bản pháp luật 109/1997/ND-CP

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Số hiệu109/1997/ND-CP
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              Decree of Government No. 109/1997/ND-CP of November 12, 1997 on post and telecommunications
              Loại văn bảnNghị định
              Số hiệu109/1997/ND-CP
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                    Văn bản gốc Decree of Government No. 109/1997/ND-CP of November 12, 1997 on post and telecommunications

                    Lịch sử hiệu lực Decree of Government No. 109/1997/ND-CP of November 12, 1997 on post and telecommunications

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