Ordinance No. 43/2002/PL-UBTVQH10 of May 05th, 2002, on post and telecommunication. đã được thay thế bởi Law No. 49/2010/QH12 on post và được áp dụng kể từ ngày 01/01/2011.
Nội dung toàn văn Ordinance No. 43/2002/PL-UBTVQH10 of May 05th, 2002, on post and telecommunication.
STANDING COMMITTEE OF NATIONAL ASSEMBLY
REPUBLIC OF VIET NAM
Ordinance No. 43/2002/PL-UBTVQH10
Hanoi, May 05th, 2002
ON POST AND TELECOMMUNICATION
STANDING COMMITTEE OF NATIONAL ASSEMBLY
In order to promote the
development and modernization the post and telecomunications; improve the state
management in the area and protect the legitimate rights and benefits of
organizations and individuals engaged in posts and telecomunications;
Pursuant to the Constitution of the Socialist Republic of Vietnam of 1992 and the amendments and revisions adopted in Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10 dated 25 th December 2001 of the National Assembly, session 10, Legislature X;
Pursuant to the Resolution of the National Assembly, session 10, Legislature X on the Program of Laws and Ordinance preparation for 2002;
This Ordinance provide for Posts and telecommunications.
Article 1. Role of post and telecomunications
The State has identified post and telecommunication as important economic, technological and service sector in the infrastructure of the national economy. The development of the post and telecommunication sector aims at meeting the needs for socio-economic development, improving the quality of life of the people and ensuring national defense and security.
Article 2. Scope of coverage
This Ordinance governs post and telecomunications, radio frequencies (hereinafter referred to as post and telecomunications); rights and obligations of organizations and individuals in the Post and telecomunications.
Article 3. Objects
This Ordinance applies to Vietnamese individuals and organizations, foreign individual and organizations in Vietnam. In case international treaties to which Vietnam is signatory, provides otherwise, the international treaties shall apply.
Article 4: Definition
In this Ordinance, following terminologies mean as follows:
1. "Postal service" is the service of collecting, carrying, and delivering postal packages and parcels via the public postal network.
2. "Mail delivery service" is the service of collecting, carrying and delivering text-styled information that is enveloped and glued with unit weight of under two kilos (2kg) to specific addresses through a public postal or delivery network.
3. "Telecommunication equipments" are technical means including hard wares and softwares that are utilized to set up a telecommunication network, providing and utilizing telecommunication services.
4. "Network equipments" are telecommunication equipments installed on the telecommunication network, including transmittal equipments, circuit-switch equipments and other data-processing equipments.
5. "Terminal equipments" are telecommunication equipments that are directly or indirectly connected with the terminal points of the telecommunication network for sending, processing and receiving symbol-styled information, signals, figures, scripts, sounds, and images via the telecommunication network.
6. "Terminal points" of the telecommunication network are physical connecting points that are in accordance with technical norms to ensure that the terminal equipments of users are rightly connected with the telecommunication network.
7. "Telecommunication services" are services of transmitting symbols, signals, data, scripts, sounds, images and other types of information between terminals points on the telecommunication network.
8. "Transmittal line" is a composition of transmittal equipments that are connected together by telecommunication cables, radio frequencies, optical means and other electronic means.
9. "Information resources" include telecommunication database, radio frequency spectra, internet resource and satellite orbits.
a) "Telecommunication database" is a composition of codes and numbers that are coded uniformly nationwide to ensure the operation of the network and telecommunication services.
b) " Radio frequency spectra" are bands of radio frequencies.
c) "Internet resource" is a composition of names and numbers that are globally programmed and under Vietnamese administration for guaranteeing the operation of the internet.
d) "Satellite orbits" are motional routes of a satellites in the space under Vietnamese administration.
10. "Radio frequencies" are electromagnetic waves with frequencies of bellow 3 thousands Mega hertz (3000 GHZ) transmitted in the space without artificial conductors.
11. "Radio profession" is the work of transmitting, broadcasting, receiving radio frequencies, including professions of fixed and mobile radio, broadcasting, television, aviation, marine, guide, locating and other professions.
12: "Radio equipments" includes radio frequency receiving, broadcasting and receive-broadcast equipments used for the radio profession.
Article 5: State's policy on post and telecommunication
1. Mobilizing all the country's resources for quickly developing and modernizing post and telecommunication industry to meet the socio-economic development's need, contributing to enhance the living quality of the people and guaranteeing national defense and security.
2. Priority is given to developing post and telecommunication services in rural and remote areas; providing incentives and supports for enterprises that provide public post and telecommunication services and executing other public tasks assigned by the State.
3. Providing incentives and conditions for other economic sectors to participate in the post and telecommunication industry in a transparent and fair-competition environment under States administration with complete types of services in high quality and at reasonable prices.
4. Respecting, protecting legitimate rights and interests of entities and individuals participating in the post and telecommunication industry.
5. Creating good conditions for utilization and development of post and telecommunication technologies.
6. Expanding international post and telecommunication cooperation on the basis of respecting independence, sovereignty, equity and fair, and ensuring compliance with Vietnamese laws and international commitments Viet Nam has made.
Article 6. Protecting the post, telecommunication networks' safety and information security
1. Protecting the post, telecommunication networks' safety and information security is responsibility of every organization and individual.
2. Government agencies, organizations, enterprises have to implement necessary measures for protecting safety of the post, telecommunication networks and information security.
Article 7. Cases that are preferentially provided services
1 . The following cases are given priority:
a) Emergency information on national defense and security;
b) Information used for fighting flood, typhoon, fires and other disasters;
c) Information for first aids and protest against epidemic diseases;
d) Information on safety, salvage;
e) Other emergency information according to provisions under emergency law.
2. In case of emergency as provided for under emergency law, parts or whole post and telecommunication network shall be mobilized in accordance with decisions issued by State competent authorities.
Article 8. Rights and responsibilities of organizations and individuals in utilizing post, mail delivery and telecommunication services
1. Organizations, individuals having rights to utilize post, mail delivery and telecommunication services are responsible for their information contents, parcels, commodities according to provisions of law.
2. Enterprises providing postal, mail delivery and telecommunication services are responsible for services' quality and comply with regulation on services' prices according to the law; having the rights to refuse providing services and being responsible for their refusal if organizations and individuals breach law and regulation when using services.
Article 9. Ensuring confidentiality of information
1. Confidentiality of all organizations and individuals' information that is transmitted through the post and telecommunication network has to be guaranteed. Ensuring confidentiality of information by coding is carried out in accordance with law and regulation on coding.
2. Control on information transmitted on the telecommunication and the internet; controlling, capturing mails, parcels sent via the public post and mail delivery network have to be carried out by State competent authorities in conformity with law and regulation.
3. If organizations, individuals seriously violate law and regulation, causing negative impacts on national defense and security, their business shall be temporarily suspended or suspended.
Article 10. Activities are banned
Banning the following activities:
1. Destroying post and telecommunication constructions or impeding legitimate post and telecommunication business;
2. Illegally recording and listening information on the telecommunication network; stealing, illegally utilizing passwords and private information of other organizations and individuals; printing, trading and using pirated stamps; capturing, unsealing, exchanging, disclosing contents of mails, mail packages, parcels of other organizations and individuals;
3. Providing, utilizing post and telecommunication services or radio frequencies for the purpose of protest against the State of Socialist Republic of Viet Nam, disrupt security and public safety, violating national custom, smuggling or beaching other provisions of law and regulation on post and telecommunication.
Section 1. NETWORK AND POST SERVICES
Article 11. Public post network
1. The public post network is built, managed and developed according to strategies, schemes and plans approved by State competent authorities.
2. The public post network consists of post centers, post offices, counters and public mail boxes and they are all connected by mail lines.
3. Post offices, counters and public mail boxes are preferentially located at rail stations, bus stations, seaports, airports, border ports, communities and public sites to meet users' needs.
4. Constructions on the public post network are essential elements of infrastructure and they have to be placed on overall plans of construction design of urban areas, communities, industrial zones, export-processing zones, new economic zones and other public constructions to ensure uniformity in investment and development and facilitate service's provision and utilization.
Article 12. Mail delivery networks
Mail delivery networks are built and managed by enterprises from all economic sectors in order to provide mail delivery service in accordance with law and regulation on post and telecommunication and other related regulation on transportation of commodities.
Article 13. Specific post networks.
Specific post networks under administration of Party's agencies, People's arm forces are set up for providing services to these agencies Organization and operation of these networks are regulated by the Government.
Article 14. Postal codes
1. Postal codes compose letter to identify postal addresses that are used for the operation of the public post network and post services.
2. Government agencies administration post and telecommunication issue and manage the plan of postal codes in compliance with socio-economic development and ensuring their stable, long -term use and conformity with international practices.
Article 15. Post services
Post services include:
1. Core post service is collecting, sending and delivering parcels and mail packages.
Mail packages include mails (except letters carried by enterprises providing mail delivery service) postcards, small boxes, publications, study material for the blind sent through the public post network.
Parcels include articles, packed commodities with weights of bellow fifty kilos (50 kg) sent through the public post network.
2. Auxiliary post service is provided in addition to core post service to meet higher demand of users for quality.
State agencies governing post and telecommunication shall designate and public list of concrete services under this Article.
Article 16. Public post services
1. Public post services include:
a) A universal post service is a post service that is provided for all the people on weights, qualities and prices conditions set forth by competent authorities;
b) A compulsory service is provided to serve the State requests for socio-economic development and national defense and security.
2. Based on State's requests, stage of socio-economic and post development in each period, agencies governing post and telecommunication shall provide concrete regulation on provision of public post services.
3. The State shall have assistance policy on providing public post services through reserved post services and other financial assistance.
Article 17. Collecting and delivering mails, parcels, and mail packages
1. Parcels and mail are collected when:
a) Legitimate mails, post cards are put into public mail boxes;
b) Mails, parcels and mail packages are collected at post offices, counters or addresses of service users.
2. Mails, parcels and mail packages are delivered to receivers when:
a) Putting into mail receiving boxes, delivering to receivers addresses or proxies for receivers;
b) Delivering to receivers at the post offices or counters of service providing enterprises.
3. When not yet delivered to receivers or proxies for receivers, mails, parcels and mail packages are still under senders determination except they are captured or destroyed according to law and.
4. Mails, parcels and mail packages that can not delivered to receivers and not returned to senders after 12 months since sending dates shall be seen as unrecognized mails, parcels and mail packages. The Government shall provide regulation on solving unrecognized mails, parcels, and mail packages.
Article 18. Objects that mails, parcels and mail packages are not allowed to contain
Mails, parcels and mail packages are not allowed to contain:
1. Publication, articles and commodities that are banned to trade, export and import or publication, articles and commodities are not allowed to import in mail receiving countries;
2. Explosive, flammable and dangerous objects and substances;
3. Viet Nam currency, foreign currencies;
4. Objects, substances that cause insanitation and pollution.
Article 19. Parcels and mail packages that are given priority for delivering
Organizations, individuals providing transportation services by ways of roads, water-roads, airways, railways have to preferentially carry parcels and mail packages in compliance with terms of contracts signed with post enterprises and guaranteeing safety of these parcels and mail packages during carrying process.
Article 20. Proceeding customs procedures
Mails, parcels and mail packages sent from Viet Nam to overseas have to be in pursuit of customs procedures according to law and regulation on customs procedures. Customs offices are responsible for ensuring that customs procedures shall be proceeded quickly and efficiently without having negative impacts on post services quality.
Section 2. POST STAMPS
Article 21. Managing stamps
1. Post stamps are publication objects that are dedicated as means of settlement for services prices. Post stamps include stamps and publications that stamps are printed on. Post stamps are categorized as follows:
a) General stamps that do not have expired dates and can be reprinted;
b) Specific stamps that have expired dates and can not be reprinted; when expired, unused stamps have to be destroyed.
2. When legally issued, not banned for circulation, issuance and being undamaged, post stamps are used as means of settlement for services prices.
3. Post enterprises have to sell general stamps and specific stamps within the authorized periods at price quoted on stamps for purpose of settlement for services prices.
4. State agencies governing post and telecommunication manage post stamps through approving post stamps subject matters, samples and designs; providing regulation on stamps archives, appraisals, destruction and exportation and importation.
Article 22. Trading post stamps
1. Organizations and individuals are allowed to trade post stamps for collection purpose.
2. Trading post stamps for collection purpose has to be independent of trading post stamps on the public post network for purpose of services settlement.
Section 3. PARTIES PROVIDING AND UTILIZING POST SERVICES
Article 23. Viet Nam Post
1. Viet Nam Post is monopoly state-owned enterprise which is established in accordance with law and regulation to provide public post services
2. Viet Nam Post have following authorities and responsibilities:
a) Setting up the public post network nationwide and overseas;
b) Providing public post services and fulfilling other public duties as assigned by the State;
c) Protecting the post networks safety and information security
d) Implementing independent reporting books for universal post services, compulsory post services, specific post services;
d) Fully and truly providing service users with all information on services at offices or publications;
e) Bearing the name "Buu chinh Viet Nam" when carry out business activities;
g) Using the public post network for providing financial services, deposit, money transfer, paper publication and other services as provided for by law and regulation;
h) Utilizing dedicated transportation means for carrying parcels and mail packages. Transportation means have to be pained uniformly and carried name or logo of Viet Nam Post and shall be given priority when trafficking according to law and regulation;
i) Other authorities and responsibilities as provided for under law and regulation.
3. Establishment, organization and operation of Viet Nam Post is governed by the Government..
Article 24. Enterprises providing mail delivery service
1. Enterprises from all economic sectors are allowed to provide mail delivery service.
2. The Government shall issue detailed regulation on management, mail volume, quality and prices of services.
Article 25. Post and mail delivery agents
1. Post and mail delivery agents are Vietnamese organizations and individuals representing post and mail delivery enterprises through brokerage contracts to provide post, mail delivery services and receive commissions. Brokerage have to be documented.
2. Post and mail delivery agents have rights and duties as follows:
a) Providing post and mail delivery services with services forms, quality and prices are in accordance with terms of brokerage contracts;
b) Having right to be informed, trained and provided related assistances by post and mail delivery enterprises to ensure the process of services provision;
c) Complying with provisions on providing post and mail delivery services and terms of brokerage contracts;
d) Other rights and duties in accordance with law and regulation.
Article 26. User of post service, mail delivery service
1. User of post service, mail delivery service who is organization, individual in Vietnam use post service, mail delivery service through contract with post enterprise, mail delivery enterprise.
2. The rights and obligations of the user of post delivery service, mail delivery service as follow:
a) The information to be sufficiently and accurately provided for using service;
b) Loss and damage to be compensated as current law regulated;
c) Making favorable condition for post enterprise, mail delivery service enterprise deliver mail, mailer, package to its address and letter-box to be installed in suitable place for delivery;
d) Using service with right name and address; using others name and address if permitted;
e) Other rights and obligations as regulate in current law.
Article 27. Price of post service, mail delivery service.
1. Prime Minister decides charges of important post service, which have an effect on branches or socio-economic development.
2. The Post and telecommunication management Government agency decide post public service, post dedicated service charges and mailing delivery service charge-frame base on service cost, socio-economic development policy and purpose of post development by time-period.
3. Enterprise decide specific mailing delivery service charges within charge-frame regulated in item 2 this article and specific post service charge, excluding public post services, post dedicated service charges regulated in item 1 and item 2 this Article.
Section 4. POST OPERATION CONDITIONS
Article 28. Post license
1. Post license category:
a) License issued for mail delivery service not exceeding 10 years;
b) Experiment license issued for mail delivery service or other services of public post network not exceeding 01 years. Before the license has expired, the license can be considered to renew if enterprise satisfy conditions and require to continuously providing service.
2. Post enterprise, mail delivery service enterprise has responsibility to pay assessment and registration fee as regulate in current Law.
3. Purchase, transfers of post license are strictly prohibited
4. Mail delivery activities as follow are not register:
a) Individual deliver mail base on agreement with sender and not receive any fee and amount of maximum number of mail meet regulations of the Post and telecommunication management Government agency;
b) Agencies, organizations, enterprises deliver mail inside organizations or to customer for no fees.
5. Government defines in specific competence and condition to issue post license; post license management and usage.
Article 29. Standard, quality of post service, mail delivery service
1. The post service, mail delivery service standard, quality system include:
Vietnam standard, branch standard, organization standard, foreign standard and international standard applied in Vietnam as regulated in current standard, quality Law.
2. Post enterprise has to apply standard regulated in standard law and standard provide by Post and telecommunication management Government agency for popularize post services, dedicate post services.
3. Post enterprise, mail delivery service enterprise has to proclaim conservative basic standards and implement the proclaimed standard, whichs not objects regulated in item 2 of this Article.
4. Post and telecommunication management Government agency promulgate all services have to be applied standard and specific regulation for post service standard and quality management.
5. Government encourages post service, mail delivery service enterprise voluntary applies quality management system, voluntary propose to certify service quality, certify service quality management system.
Section 5. DISPUTE SETTLEMENT AND DAMAGE COMPENSATION IN PROVIDING AND USING POST SERVICE, MAIL DELIVERY SERVICE
Article 30. Dispute settlement
Contracting parties take part in providing, using post service, mail delivery service have obligation to implement contract. Dispute cause by contract violence, signers can be consented to settle the matter; if unsolvable, they can be required authorities resolve according to regulations of law.
Article 31. Damage compensation liability
1. Contracting parties take part in providing, using post service, mail delivery service have obligation to compensate the damage of providing and using post service, mail delivery service to other. Compensation has to comply with law regulation.
2. Post service, mail delivery service provider has no obligation to compensate indirect damage or loss profit cause by providing unstable quality service.
3. Post service, mail delivery service providers are excused to damage compensation in irresistible case according to law regulations.
Section 1. TELECOMMUNICATIONS NETWORKS AND SERVICES
Article 32. Terminal equip and intranet.
1. Subscribe terminal is a users fix or mobile terminal connected or accessed to public Telecommunication network through end switch of public Telecommunication network.
2. Public terminal is a Telecommunication enterprises fix or mobile terminal connected or accessed to public Telecommunication network through end connector of public Telecommunication network.
3. Intranet is a Telecommunication equipment system built and operated by organization or individual with address and defined scope of location in which it has right to legally use for internal communication.
4. Telecommunication service user can design and set up personally or hire other organization or individual design and set up subscribe terminal or intranet to the end switch of public Telecommunication network.
5. Subscribe terminal and intranet switch on public Telecommunication network has to conform to regulation of equipment standardization and radio frequency usage.
6. Telecommunication company connect subscribe terminal and intranet to public Telecommunication network through contract with service user. Post and telecommunication Government management agency define terminal equipment, intranet, and end switch of public Telecommunication network.
Article 33. Telecommunication network
1. Telecommunication network include public Telecommunication network, dedicate Telecommunication network, specific Telecommunication network are combination of Telecommunication equipment connected by wire.
2. Telecommunication network activity is not permitted to damage environment and socio-economic activities. Socio-economic activities are not permitted to distort or wreck Telecommunication cable, antenna, and equipment system and to damage other Telecommunication network activities.
Article 34. Public Telecommunication network
1. Public Telecommunication network is Telecommunication network established by Telecommunication enterprise to provide Telecommunication services. Public Telecommunication network is constructed and developed by strategy, programming, and plan approved by Government authorities.
2. Public Telecommunication construction is a key part of infrastructure of project and overall plan construction of city area, population area, industry area, export processing zone, new economic zone and other public construction to ensure unification and synchronous in construction investment and convenient to provide and usage of service.
3. Public Telecommunication construction has priority to use space, surface, earth, river-bottom, seabed; Telecommunication line can be combined to run among road, bridge, drain, side-walk, street, electricity line in order to easy construct, repair, maintain, and protect.
4. Public serving points for everyone are priority to settle in train station, bus station, seaport, airport, frontier pass and other public places.
Article 35. Dedicated Telecommunication network.
Dedicated Telecommunication network is Telecommunication network established by agencies, organizations, enterprises operate in Vietnam to.communicate network member, including Telecommunication equipment established in different places and connected together by hiring or self construct lines.
Article 36. Specific Telecommunications network
Specific Telecommunication network is Telecommunication network used for special communication of Party and government agencies, or defend and security communication. Government specifically regulate for establishment and operation of this network.
Article 37. Telecommunication service
1. Telecommunication service are:
a) Basic service is an service immediately transfer Telecommunication service via Telecommunication network or internet without changing form or content of information;
b) Value added service is a service increase user information value by improve forms or content of information or provide information backup and recover capacity based on using of Telecommunication network or Internet;
c) Internet connection service is service that provided capacity to connect each other and Internet for agencies, organizations, and enterprises;
d) Internet Access service is a service that provide ability to access Internet;
e) Internet application service in post and Telecommunication is a service using Internet to provide post and Telecommunication services for user. Internet application service in socio-economic sectors has to conform to post and Telecommunication regulations and other related regulation.
2. Post and Telecommunication management authorities regulate and promulgate specific list of Telecommunication services regulated in this Article.
Section 2. TELECOMMUNICATION SERVICES PROVIDER AND USER
Article 38. Telecommunication enterprise
1. Telecommunication enterprises are:
a) Lower Layer network provider enterprise is a state enterprise or state hold major share enterprise, which established under regulation of law to construct network lower layer and provide Telecommunication services.
b) Telecommunication service provider enterprise is a Vietnam multi economic sections enterprise, which established under regulation of law to provide Telecommunication services.
2. Right and obligation of Telecommunication enterprise:
a) Lower layer network provider enterprise can establish public Telecommunication network to directly provide and resell Telecommunication service;
b) Telecommunication service provider enterprise can establish Telecommunication equipment systems in its organization and public serving place to directly provide value added service, Internet accession service and resell Telecommunication service; establishment of transfer line outside its organization and public serving place is not permitted;
c) Safely protect Telecommunication network and information channel;
d) Provide Telecommunication service for Telecommunication service user in Vietnam and abroad according to law of Vietnam and law of country in which services are provided;
e) Information source can be used in programming to establish Telecommunication network and Telecommunication service provide;
f) Hiring transfer line to connect Telecommunication equipment systems of organization, of Telecommunication network, and other Telecommunication enterprises service;
g) Implement task mobilized by government in urgent case and other public tasks;
h) Implement measures to protect Telecommunication service users right and legal benefit;
i) Compete under law in Telecommunication service activity;
j) Implement regulation and be controlled by government authorities in protecting Telecommunication network and information security;
k) Other rights and obligations conform to current law.
Article 39. Telecommunication enterprise holding dominated market-share of Telecommunication service
1. Telecommunication enterprise holding dominate market-share of Telecommunication service is enterprise hold more than 30% market-share of Telecommunication service type in permitted area and can be directly affect the market penetration of other in that service market. Post and Telecommunication government management identify enterprise holding dominated market-share Telecommunication service.
2. Rights and obligations of Dominated market-share Telecommunication service holding enterprise are:
a) The rights and obligation regulated in Article 38 of this decree;
b) Using advantages to limit or harm to service provide activities of other Telecommunication enterprise are not permitted;
c) Separately Account the restrain market-share Telecommunication service;
d) Be controlled by government authorities for market-share, quality and charge of restrain market-share Telecommunication service.
Article 40. The Rights and obligations of dedicated Telecommunication network host
1. Dedicated Telecommunication network host is Vietnam agency, organization, enterprise or foreign agency, organization, enterprise that legally operates in Vietnam is licensed to establish dedicated Telecommunication network.
2. The rights and obligations of dedicated Telecommunication network host are:
a) Constructing or hiring transfer line to establish dedicated Telecommunication network and connecting to public Telecommunication network; implementing accurately stipulations of license;
b) Using information sources in programming to establish network and provide information to networks member conform to regulations;
c) Safely protecting its dedicated Telecommunication network and information;
d) Any types of Telecommunication service trading are not permitted;
e) Implementing regulation and controlled by government authorities in protecting Telecommunication network and information security;
f) Other rights and obligations conform to current law.
Article 41. Telecommunication service agent
1. Telecommunication service agent is Vietnamese organizations, individuals who are on behalf of Telecommunication enterprise to supply telecommunication service to users through agent contract to obtain commission. Agent contract must be made in writing.
2. Telecommunication service agent has the following interests and obligations:
a) to establish terminal equipments at the place where he/she/it has full legal use-right to provide telecommunication services at such place in accordance with the types, quality and service charges agreed in the agent contract and to obtain commission; to re-sell telecommunication services to users at such place on the basis of purchasing services of telecommunication enterprises in accordance with the types, quality and service charges agreed in the agent contract;
b) to be guided techniques and supplied information and other related conditions by telecommunication enterprises to ensure the providing services to users;
c) to abide by regulations regarding providing services, reselling services and provisions in agent contract.
d) other legal interests and obligations in accordance with the provisions of law.
Article 42. The user of telecommunication services
1. User of telecommunication services is a organization, individual concluding contracts with telecommunication enterprises or telecommunication agents to use telecommunication services.
2. The user of telecommunication services has the following rights and obligations:
a) to establish immovable subscribing terminal equipments at the place where he has full legal use-right or to use the movable subscribing terminal equipments to access to public telecommunication networks in accordance with the contract concluded with telecommunication enterprises or telecommunication service agents;
b) to select enterprises or telecommunication service agents to use telecommunication services, except to the prohibited or disallowed services;
c) to be guaranteed private information in accordance with the provisions of law;
d) to be compensated damages or losses in accordance with the provisions of law;
e) not to be allowed to use his/her/its subscribing terminal equipments to do business in telecommunication service under whatever types;
f) to protect password, encoded key and his/her/its equipment system;
g) to be responsible in front of law for the content of up loaded, stored, transmitted on telecommunication network, Internet information;
h) other rights and obligations provided by law.
Article 43. Connecting into Telecommunication network
1. Connection is a physical and logical linkage of telecommunication networks, accordingly, the service users of one network would access to the users or services of other networks, vice versa.
2. The Connection of public telecommunication networks is stipulated as follows:
a) Telecommunication enterprise is entitled to connect its telecommunication network with other enterprises telecommunication networks, at the same time to be obliged to let other telecommunication enterprises connect to its telecommunication network or services under reasonable conditions of equality based on efficient use of information resources, use of same connecting site and technical infrastructure through agreement concluded by parties.
b) Telecommunication enterprises controlling essential equipments which play the key role in connection and providing telecommunication services arent allowed to deny connection request of exclusive telecommunication hosts and other telecommunication enterprises, at the same time create favorable conditions for the negotiation and implementation of connection, if request is duly made and feasibly in economic and technique;
c) Telecommunication enterprises implement negotiation, conclusion of connection agreements in accordance with the provisions of States authority of post, telecommunication; in case no agreement has been reached in the provided time-limit or conflicts have arisen during implementation of connection agreement, according to the request of one of parties participating connection, States authority of post, telecommunication will hold consultative meeting among parties, after meeting if there have not been any agreement reached, the States authority of post, telecommunication will consider and make decision. The connection agreement is only in effect since to be registered at States authority of post, telecommunication.
3. The exclusive telecommunication network connection is stipulated as follows:
a) Exclusive telecommunication network is connected into public telecommunication network on the basis of ensuring technical standards of public telecommunication network and in conformity with the provisions on connection between exclusive and public telecommunication networks;
b) The connection between exclusive and public telecommunication network is implemented under connection agreement in writing between telecommunication enterprise and exclusive telecommunication network owner.
c) Exclusive telecommunication networks are prohibited to directly connect with each other without permission of the competent authority.
Article 44. Telecommunication service charges
1. Government Prime Minister makes decision of the key telecommunication service charges which would have great affect to other industries and social - economic development.
2. States authority of post, telecommunication make decision on charges of public beneficial telecommunication services, market dominated telecommunication services and charges of connection among enterprises on the basis of service cost, social economic development policy and objectives of telecommunication development for each stage.
3. Telecommunication enterprises make decision of specific charges for each kind of telecommunication service except to charges provided at paragraph 1 and 2 of this Article.
Section 3. TELECOMMUNICATION LICENSE
Article 45. Types of Telecommunication licenses
1. Licenses for doing business in Telecommunication industry include:
a) License for network establishment and providing telecommunication services to be issued with time-limit not more than 15 years.
b) License for providing telecommunication service to be issued with time-limit not more than 10 years.
2. Technical Licenses of Telecommunication include:
a) License for exclusive network establishment to be issued with time-limit not more than 5 years;
b) License for construction of telecommunication cable in economic privileged territory, land under sea of Vietnam to be issued with time-limit not more than 25 years
3. License for experiment of network and telecommunication services to be issued with time-limit not more than 1 year. Prior to the time-limit of licenses stipulated in this Article ending, if enterprise satisfies requirements and submits request for continuing to provide services it will be considered to grant new license.
Article 46. Regulations on license
1. In case of license issuance relating to the use of information resources, the license is only be granted if the allocation of information resources is feasible.
2. License issuance for network establishment and providing telecommunication services stipulated at point (a) paragraph 1 Article 45 of this Ordinance is only implemented after having approval in writing of Government Prime Minister.
3. Telecommunication enterprise is obliged to pay evaluation fee, license fee and other fees relating to telecommunication sector in accordance with the provisions of law.
4. The selling, buying or assignment of all kinds of telecommunication licenses are prohibited.
5. Government stipulates in detail on authorization and requirements of telecommunication license issuance; management and use of telecommunication licenses.
Section 4. PLAN OF TELECOMMUNICATION CODING AND INTERNER RESOURCE
Article 47. Plan of telecommunication coding and Internet resources
Plan of telecommunication coding and Internet resources must be conformed the following regulations:
1. Strategy of long-term development of services and subscribers;
2. Maximum of efficiency of telecommunication networks and equipments utility;
3. Efficient use of telecommunication data sources and Internet resources;
4. Accessible to global telecommunication services and networks;
5. Protection of legal rights and interests of service users;
6. Fair competition among telecommunication enterprises
Article 48. Management of telecommunication number source and Internet resources
1. States authority of post, telecommunication constructs and issues the plan of telecommunication coding and Internet resources; allocates and takes back names, codes, numbers in accordance with the plan; stipulates the management of telecommunication number source and Internet resources.
2. Telecommunication enterprise constructs the plan of telecommunication coding and Internet resources within the limit of telecommunication number source and Internet resources allocated, at the same time grants or leases numbers to organizations and individuals using services in conformity with enterprises plan and regulations of telecommunication number source and Internet resources.
3. Telecommunication enterprise is responsible to report plan and circumstance of using names, codes, and numbers allocated under the provisions of States authority of post, telecommunication; for not-in-use names, codes, and numbers, telecommunication enterprises must return to States authority of post, telecommunication, if not, such will be withdrawn.
Section 5. PROVIDING PUBLIC BENEFECIAL TELECOMMUNICATION SERVICES
Article 49. Public beneficial telecommunication services
Public beneficial telecommunication services include:
1. Universal telecommunication services are telecommunication services to be generally supplied to every people in accordance with requirements, quality and charges stipulated by the competent authority
2. Compulsory telecommunication services are telecommunication services to be supplied by States request for the purpose of social economic development and guaranteeing national defense and security.
On the basis of States request, circumstance of social economic development and telecommunication market in each stage, States authority of post, telecommunication specifies the provisions of providing public beneficial telecommunication services.
Article 50. Implementation of obligation to provide public beneficial telecommunication services
1. Policies issued by State to ensure the necessary conditions for enterprises providing public beneficial telecommunication services are as follows:
a) Stipulating connection charges on the basis of cost and the contribution of the providing public beneficial telecommunication services;
b) Building up a Fund for public beneficial telecommunication services from the contribution of telecommunication enterprises and other financial sources.
2. The use of the Fund for public beneficial telecommunication services in order to provide public beneficial telecommunication services are carried out under the following forms:
a) to nominate enterprise providing public beneficial telecommunication service on the basis of evaluation of the enterprises project providing public beneficial telecommunication services;
b) to tender to select enterprise providing public beneficial telecommunication services.
Article 51. Management of providing public beneficial telecommunication service
1. Government regulates policies and specific measures for implementation of providing public beneficial telecommunication services on the basis of requirements for social economic development and the development of telecommunication market in each stage.
2. States authority of post, telecommunication specifies the public beneficial telecommunication services and manages and supervises the implementation of obligation to provide public beneficial telecommunication services of telecommunication enterprises.
3. Telecommunication enterprises are responsible to implement obligations to provide public beneficial telecommunication services in accordance with the provisions of law.
Section 6. TELECOMMUNICATION STANDARDS AND QUALITY
Article 52. Telecommunication standard and quality system
1. Standard and quality system of equipments, telecommunication network, network connection, telecommunication construction and services includes Vietnam Standard, industrys standards, local standards, foreign standards and international standards applied in Vietnam in accordance with the provision of law on standards, quality.
2. States authority of post, telecommunication announce types of equipments, telecommunication networks, telecommunication construction and services required to apply standard.
Article 53. Telecommunication standard, quality management
1. Forms of telecommunication quality management
a) Certification of standard satisfaction for telecommunication equipments;
b) Quality announcement to telecommunication network and telecommunication services;
c) Quality examination of telecommunication construction
2. Telecommunication equipments in the list required Certification of standard satisfaction, in the list of country permitted transaction in market or telecommunication network plug-in required quality satisfactory examination; telecommunication constructions in the list required evaluation are requested to examine before operation; public telecommunication network, basic telecommunication services; Internet connection service, Internet accessing service before operation, providing to users must conformed to standards stipulated by States authority of post, telecommunication.
3. Organizations, individuals doing business must announce the quality of equipments, telecommunication network and telecommunication service in conformity with respective basic standards and be responsible of standards, quality which he/she/it announced, except to equipments, telecommunication network and telecommunication service stipulated in paragraph 2 of this Article.
4. Government encourages organizations, individuals manufacturing or trading equipments, telecommunication networks and telecommunication service spontaneously to apply quality management system; to submit for certification of quality management system; spontaneously to submit for certification of standards, equipment quality fulfillment of telecommunication network, and telecommunication service, except cases provided in paragraph 2 of this Article.
5. States authority of post, telecommunication specifies on standard of management, telecommunication quality.
Article 54. Examination, measurement and certification of standard and quality fulfillment
1. States authority of post, telecommunication stipulates requirements for domestic and foreign examination organizations in order to serve quality management and announce the competent authority for examination and measurement.
2. Reciprocal recognition on certification of standard, telecommunication quality fulfillment among Vietnam and foreign countries and international organizations is implemented in accordance with the provisions of international treaties which Vietnam has signed or jointed.
Section 7. DISPUTE SETTLEMENT AND DAMAGE COMPENSATION IN PROVIDING, USING TELECOMMUNICATION SERVICES
Article 55. Dispute settlement
All parties providing, using telecommunication services are responsible to implement the concluded contracts. When disputes caused by contract violation have arisen; all parties would arrange agreement on dispute settlement; in case no agreement has been reached, competent authority or organization would be on the request to settle in accordance with the provisions of law.
Article 56: Charges refund and damage compensation
1. Enterprise providing telecommunication services of which the service quality are not guaranteed in accordance with the announced standards must refund the service user a part or whole the charges paid.
2. All parties providing, using telecommunication services are responsible to compensate damages that he/she/they made to other parties in providing or using the disqualified telecommunication services.
3. All parties providing, using telecommunication services does not have to compensate indirect damages or benefit lost caused by providing, using the disqualified guaranteed telecommunication services.
4. All parties providing, using telecommunication services are exempted from the responsibility to compensate damage in case of Force Majeure in accordance with the provisions of law.
Section 1. PLANNING, ALLOCATION AND NOMINATION OF RADIO FREQUENCY
Article 57. Management, use of radio frequency and satellite orbit
Management, use of radio frequency and satellite orbit under the jurisdiction of Vietnam will be implemented efficiently, equally and economically in accordance with States plans; ensuring the operation of radio information system not to be effected by harmful radio disturbance or to produce harmful radio disturbance to meet the demand of radio frequency to use for social economic objective, national defense, security and to create condition for fast development of new technology of telecommunication, to protect national sovereignty of the use of radio frequency and satellite orbit.
Article 58. Planning radio frequency spectrum
1. Planning national radio frequency spectrum is a plan to separate the radio frequency spectrum into frequency bands for different purposes of each stage and stipulation of conditions to establish the order of exploitation, the most efficient use of the radio frequency spectrum in the whole country scale.
Planning national radio frequency spectrum has to meet the requirements of radio frequency use for purposes, to be in conformity with international regulations and the special parameters of using radio frequency in Vietnam, to make proper priority for new telecommunication technology. Planning national radio frequency spectrum is constructed by States authority of post, telecommunication and approved by Government Prime Minister.
2. Based on the plan of national radio frequency spectrum, States authority of post, telecommunication constructs and issues the plan of frequency, channels, and plan of local radio frequency.
3. Organizations, individuals manufacturing, importing or using radio broadcasting equipments, radio appliances have to conform to the plan of radio frequency stipulated on this Article.
Article 59. Allocation of radio frequency to serve national defense, security purposes
1. Government Prime Minister stipulates the band of radio frequency serving national defense, security purposes on the proper proportion with demand, mission and in respect to international general regulations.
2. Government Prime Minister makes decision to establish the Committee of radio frequency in order to consult the Prime Minister in coordination of radio frequency management in social economic activities, national defense, security.
Article 60. Use of radio frequency to supply rescue information
1. States authority of post, telecommunication announce the specific radio frequency to solely serve for national and international rescue information.
2. The use of radio frequency other than serving for safety, rescue information; the harmful radio disturbance to radio frequency solely serving for safety, rescue information are prohibited.
Article 61. Allocation, nomination of radio frequency
The allocation, nomination of radio frequency must be implemented in accordance with the provisions at articles 57, 58 and 60 of this Ordinance and on the basis of potential of radio frequency spectrum, to make proper priority for demand to use radio frequency to serve purposes of national defense, security, social economic and efficient use of technology of radio frequency.
States authority of post, telecommunication stipulate and announce conditions of allocation, assignment and use of radio frequency, radio frequency band.
Section 2. RADIO FREQUENCY LICENSE
Article 62. Types of radio frequency license
1. Types of radio frequency license include:
a) Frequency band license is granted with time-limit not more than 15 years;
b) Frequency license and license to use radio broadcasting equipments is granted with time- limit not more than 5 years.
2. Licenses are only granted when the allocation and assignment of radio frequency are feasible.
3. Organizations, individuals who are issued licenses are responsible to pay license fees in accordance with the provisions of law.
4. Selling, buying and transferring radio frequency licenses are prohibited.
5. Government specify authorization, requirements of radio frequency license issuance; management and use of radio frequency licenses.
Article 63. Radio equipments required condition
States authority of post, telecommunication stipulate and announce technical requirements and exploitation of equipments required condition; organizations, individuals using such equipments must carry out duly the announced technical requirements and exploitation and not be required radio frequency license.
Article 64. Responsibility of organizations, individuals using radio frequency band.
1. Organizations, individuals operating in Vietnam using radio frequency, radio frequency band and radio broadcasting equipments in respect of radio area are required radio frequency license, except to provisions at Article 63 of this Ordinance to use radio frequency, frequency band and radio broadcasting equipments.
2. Organizations, individuals granted radio frequency licenses must conform to the provisions of law on establishment, use of radio frequency and radio broadcasting equipments; pay fee for the use of radio frequency in accordance with the provisions of law; not make radio disturbance to other radio stations and be under supervision of States authority of post, telecommunication.
Article 65. Manufacture, import of radio receiving broadcasting equipments
Organization, individuals manufacturing, importing radio receiving broadcasting equipments must be obtained approval in writing of States authority of post, telecommunication.
Article 66. Certificate of Radio Operator
Individuals using radio equipments are required to have Certificate of Radio Operator States authority of post, telecommunication stipulate the training and issuance Certificate of Radio Operator
Section 3. RADIO FREQUENCY SUPERVISION, RADIO DISTURBANCE SETTLEMENT AND MANAGEMENT OF ELECTROMANEGTIC COMPETIBLITY
Article 67. Radio frequency supervision
1. Supervision of radio frequency and radio broadcasting equipments is for the purposes of ensuring the enforcement of Vietnamese laws, international treaties which Vietnam concluded or joined; measuring radio broadcasting technical parameters to manage the use of radio frequency, to discover, prevent and to settle law violations.
2. The results of supervision, measurement of technical parameters of radio broadcasting equipments are the basis to define and settle actions violating law in the respect of radio frequency management.
3. Foreign organizations, individuals are forbidden to measure radio transmitting and broadcasting parameters in Vietnam, except to the case having approval of competent authority.
4. The use of radio frequency and radio equipments installed in sea-boats, air planes of Vietnam and foreign countries entering to Vietnams territory must be conformed to the provisions of Vietnamese law, international treaties which Vietnam concluded or joined; the users, radio equipments in such vehicles must be under supervision of the competent authority.
Article 68. Harmful radio disturbance settlement
1. Organization, individual obtained radio frequency license has right to make complaint in accordance with the provisions of law when his/her/its
radio frequency is disturbed by other radio.
2. Complaints of radio disturbance is settled in accordance with provisions of Vietnamese law, international treaties which Vietnam signed or joined. States authority of post, telecommunication provides regulations and complaint procedures and settlement of harmful radio disturbance.
3. States authority of post, telecommunication is responsible to implement supervision, examination of radio frequency; manages and coordinates with the Ministry of Defense, the Ministry of Social Security to examine, supervise and settle harmful disturbance among information network serving social economic purposes and national defense, security purposes.
Article 69. Management of electromagnet compatibility
1. Electromagnet compatibility is the capacity of equipments, system of equipments operating without creating harmful radio disturbance to other equipments, system of equipments in the environment of electromagnet.
2. Equipment, system of equipments which are used in information area or in other sectors such as science, technology, industry, healthcare etc. must conform to the provisions of electromagnet compatibility in order to ensure not to create harmful radio disturbance to the area of radio-goniometry, safety, rescue and other radio areas.
The Government specifies the management of electromagnet compatibility.
INTERNATIONAL CO OPERATIONS IN POST AND TELECOMMUNICATIONS
Article 70. Principle in international cooperation in post and telecommunications
The State has the policy on the promotions of international cooperation in post and telecommunications among countries and international organizations on the principle of respect of independence, sovereignty and equality, mutual benefit and in compliance with the laws and regulations of each cooperating country as well as international laws and practices to develop post and telecommunication activities, promote international cooperation and friendships and mutual understanding between Vietnam and other countries, international organizations.
Article 71. International cooperation activities in Post and telecommunications
Activities in international cooperation in post and communications include:
1. Promotion and public relations campaigns on the policy directions, development policies in post and telecommunications with other countries and international organizations.
2. Development of current cooperation relationship and establishment of new linkages in post and telecommunications with other countries;
3. Participation in regional and international organizations in post and telecommunications;
4. Support and promotion of human resources;
5. Coordination of scientific research and application as well as transfer of advanced technology;
6. Exchange of information and experience in the development of post and telecommunication;
7. Formulation and implementation of program and international projects on post and telecommunications.
STATE MANAGEMENT IN POST AND TELECOMMUNICATION
Article 72. State management in post and telecommunications
The state management in post and telecommunications includes:
1. Formulation and provision of instructions in the implementation of strategies, planning and development policy in post and telecommunications;
2. Issuance and implantation of legal documents in post and telecommunications;
3. Provision of directions in the formulations, issuance and provision of standards and quality in post and telecommunications; safety and security management in post and telecommunications;
4. Issuance, suspension and revocation of licenses and certificates in Post and telecommunications;
5. Organization of the management and use of information resources and inter-connections among telecom networks;
6. Issuance and management of tariffs, fees and charges, public utility activities in post and telecommunications;
7. Organization and implementation of international cooperation inpost and telecommunications; signing and accession to international treaties in post and telecommunications; Coordination in radio frequency managements with other countries and registration of electro-radio frequency, satellite orbit with relevant international organization;
8. Organization and management of training and education activities; human resources development; research and application of science and technology in post and telecommunications;
9. Inspection and control; settlement of complaints, accusations and violations of legislations in post and telecommunications.
Article 73. Competence of State management in post and telecommunications
1. Government shall oversee the state management in post and telecommunication nationwide.
2. State management agency in post and telecommunications shall be responsible before the Government in the State management in post and telecommunication.
3. Ministries and ministerial level agencies, Peoples Committees of provinces and cities under central authority are responsible for cooperating with State management agency in post and telecommunications in the state management in post and telecommunications.
Article 74. Post Inspection
1. Post inspection shall undertake the specialized inspections in post and telecommunications.
2. Post inspection has the following tasks:
a) Inspections and control on compliance with legislation in post and telecommunications;
b) Imposition of fine, application or recommendation in their competence preventive measures and stop of violations of legislation in post and telecommunications.
c) Settlement of complaints and accusations in compliance with relevant laws. The Government shall provide for 3. Organizations and operations of Post Inspection.
Article 75. Complaints and accusations
1. Organizations and individuals have the right to lodge complaints and accusations and bring charge against administrative decisions and measures imposed by competent agencies and organizations in the implementations of the legislation in Post and Telecommunications.
2. Individuals have the rights to make accusations on violations of the
legislations on Post and telecommunications to relevant competent agencies, organizations and individuals.
3. The competence and procedures on dealing with complaints and accusations shall be in compliance with relevant law and regulations.
REWARD AND PUNISHMENT OF VIOLATIONS
Article 76. Rewards
Organizations and individuals who have merits and achievements in Post and telecommunication shall be rewarded in compliance with the provisions of Laws.
Article 77. Sanctions against violations
1. Those who violate the provisions of this Ordinance and other regulations in Post and Communications shall be punished based on the degree and nature of violations by administrative sanctions and damages in compliance with relevant laws and regulations.
2. Though who abuse their position and competence in violation with the provisions of this Ordinance and other regulations in Post and Communication shall be punished based on the degree and nature of violations by disciplinary actions and/or criminal charges and damages in compliance with relevant laws and regulations.
Article 78. Effectiveness
This Ordinance shall be effective as from 1 st October 2002. Other regulations to the contrary of the provisions of the Ordinance shall be nullified.
Article 79. Implementation
The Government shall provide details and guidance on the implementation of this Ordinance.
THE STANDING COMMITTEE