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Law 41/2009/qh12: Telecommunications

Original Language Title: Luật 41/2009/QH12: Viễn thông

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The telecommunications ACT _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the Telecommunications Law, chapter I GENERAL PROVISIONS article 1. Scope this law regulates the telecommunications operations, including investment, business and telecommunications; telecommunications public utility; Telecommunication management; telecommunications construction; rights and obligations of the Organization, individuals involved in telecommunications activities.
Article 2. The object to apply this law applies to organizations, individuals, organizations, foreign individuals directly involved or related to the telecommunications activities in Vietnam.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. In telecommunications is to send, transmit, receive and process symbols, signals, data, text, images, sound or other information using the cable, radio waves, optical media and other electromagnetic means.
2. Telecommunications equipment is technical equipment, including hardware and software, which is used to make telecommunications.
3. Terminal equipment as telecommunications equipment for fixed or mobile connected to the last point of telecommunications network to send, transmit, receive and process the information of the user.
4. subscriber terminal is the terminal of the Telecom subscribers.
5. network equipment as telecommunications equipment was installed in a telecommunications network to ensure the supply of telecommunications services.
6. telecommunications goods is software and supplies, telecommunications equipment.
7. telecommunication services is the service to send, transmit, receive and process the information between the two or a group of users of telecommunications services, including basic services and value added services.
8. application of telecommunications services are services that use telecommunications transmission lines or telecommunication networks to application service providers in the field of information technology, radio, television, commercial, financial, banking, culture, information, health, education and other fields.
9. Transmission Line is the set of telecommunications equipment used to establish a section or the entire information transmission line between the two points.
10. the Telecommunications Network is a collection of telecommunications equipment are interconnected by transmission lines to provide telecommunications service, telecommunications applications services.
11. the Telecommunications Network of the public telecommunications network by the telecommunications business set up to provide telecommunications service, telecommunications application services to the public aims to be profitable.
12. private telecommunications Network is a network of telecommunications organization operating in Vietnam set to provide telecommunications service, telecommunications application services for the members of the network do not aim to benefit directly from the operation of the network.
13. Internal Network is hosted by the telecommunications network, the individual settings in a location whose address and scope determines which organization, that individual is entitled to use legal to serve internal communications are not intended to benefit directly from the operation of the network.
14. The Internet is a global information system using Internet Protocol and Internet resources to provide the services and applications for users of telecommunications services.
15. The end of public telecoms network is the physical connection point in telecommunications network under the standards, technical standards to ensure the terminal connections to telecommunications networks and delineate the boundaries of economic, technical and telecommunications business users of telecommunications services.
16. telecommunication connections is the physical link and gích the telecommunications network, through which people use this network of telecommunications services are accessible to people who use or services of other networks and vice versa.
17. The works construction is telecommunications, including telecommunications infrastructure (housing, column, stations, sewer, hot) and network equipment installed on it.
18. the telecommunications infrastructure is a set of equipment for telecommunications, transmission lines, telecommunications networks and telecommunications works.
19. The media are important parts of the telecoms infrastructure due to one or a number of telecommunication business exclusively occupied or occupied in large part on the telecommunications market and establishing new infrastructure Division to replace is not economically feasible , engineering.
20. Telecom resources are national resources, including warehouses of telecommunications, Internet resources, radio frequency spectrum and satellite orbits in the administration of Vietnam.
21. the telecommunications number Repository is a collection of code, the number in the administration of Vietnam is planning to set up telecommunications networks, supply and use of telecommunication services.
22. Internet resources is a collection of names and numbers in the administration of Vietnam was unified to ensure planning for Internet activities.
Internet resources including domain names, Internet addresses, network numbers and name, others under the provisions of the international telecommunications and Internet.
23. the telecommunications business is business was established under the law of Vietnam and was licensed for business telecommunications services.
Telecommunication business including business service providers and enterprise networking infrastructure, the provided services does not have the network infrastructure.
24. the telecommunication service agent is the Organization, individuals providing telecommunications services for the users of telecommunication services through contract agents register with the telecommunications business to enjoy commissions or resell telecommunication services to enjoy the price difference.
25. The use of telecommunication services is the Organization, individual contracts using telecommunications services to business communications or telecommunications service agent.
26. the Telecom subscribers who use telecommunication services are attached to the fixed telecommunication resources or specific telecommunication transmission lines.
27. the resale of telecommunications services is the telecom business, telecommunications service agent providing telecommunications services for the users of telecommunication services on the basis of transmission line rental or buy telecommunications traffic through contracts with other telecommunications businesses.
Article 4. The State's policy on telecommunications 1. Facilitate the Organization, individuals of all economic sectors to invest, the telecommunications business to the fast development and modernization of the telecommunications infrastructure, diversify telecommunications services, to meet the requirements of socio-economic development, contribute to ensuring defense, security and improving the quality of life of the people.
2. Ensure the healthy competitive environment in telecommunications activities.
3. Create favorable conditions to develop the infrastructure and to provide telecommunications services in remote areas, border areas, Islands, there are social-economic conditions particularly difficult; delineate clearly the public telecommunication operations and telecommunications business; promote the use of the Internet in the field of education, training, health and scientific research.
4. The focus of investment construction, modernisation of the telecommunications network used exclusively to serve the national defense, security operations, the activities of the organs of the State party.
5. Encourage the development of human resources to meet the requirements of the Telecommunication management, mining, business telecommunications infrastructure.
6. enhancing international cooperation on telecommunications on the basis of respect for independence, sovereignty, equality, mutually beneficial to the parties, in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
Article 5. Secure telecommunications infrastructure and information security 1. Secure telecommunications infrastructure and information security is the responsibility of every organization or individual; the case of the detection of acts of vandalism, violating the telecommunications infrastructure, organizations, individuals are responsible for timely notifications to the people's Committee or the nearest police agency.
2. organizations and individuals to join the telecommunications activities are not harmful to the environment and socio-economic activities. Individual organizations in its activities are not causing harmful interference, damaging the equipment works, telecommunication network, cause harm to the activities of the telecommunications infrastructure.
3. The Ministry of defence, the Ministry of public security, the people's Committee in the scope of the mission, his powers have a responsibility to protect the safety of telecommunication infrastructure. Of public telecoms business, the owner of private telecommunications networks, telecommunications services and agents who use private telecommunications services, telecommunications services and agents who use telecommunication services are responsible for protection of telecommunications networks, terminals and involved the protection of telecommunication infrastructure in public 4. The Organization, individuals involved in telecommunications activities subject to the management, inspection, test and implement the requirements of the competent State bodies on ensuring the safety of telecommunications infrastructure and information security.
5. the competent State agencies mobilized a part or the whole of the telecommunication infrastructure in the event of an emergency as defined by the law on defence, national security and a State of emergency.
6. Upon request of the competent State agencies, corporate communications is responsible for providing telecommunication network access points and technical conditions, other necessary services to bodies that perform the tasks of controlling and ensuring information security.
7. the telecommunications business is responsible for implementing the requirements of the competent State agencies, conduct emergency stop and stop providing telecommunication services for cases of violence, riot, use of telecommunication services infringe national security, against the State of the Socialist Republic of Vietnam.
8. The Ministry of information and communication, coordinated with the Department of Defense, the Ministry of public security and related agencies regulating the secure telecommunications infrastructure and information security in the operation of telecommunications.
Article 6. Ensure confidential information 1. The Organization, individuals involved in the operation of telecommunications is responsible for protection of State secrets under the provisions of the law on the protection of State secrets.
2. The organization or individual sending, transmitting or storing information in the category of State secrets on the telecommunication network are responsible for coding the information according to the provisions of the basic law.

3. private information transferred through public telecommunications networks of every organization, individuals are secret. The control of information on telecommunications network by the competent State agencies comply with the provisions of the law.
4. telecommunications business not to reveal private information related to the use of telecommunications services, including name, address, telephone number, call your known location, your calling, your position is known, the time of call and other private information which users have provided while contracts with enterprises , except in the following cases: a) the users of telecommunication services agreed to provide the information;
b) telecommunications businesses have agreed in writing to each other about the Exchange to provide information related to the use of telecommunication services to cater for the calculation of the tariffs, billing and prevent escape from implementing obligations under the contract;
c) when required by the competent State agencies as prescribed by law.
Article 7. Priority information transmitted via telecommunications networks 1. Emergency information service of Defense and security.
2. Emergency information disaster prevention service, search, rescue, rescue, fire, other catastrophes.
3. emergency information emergency and epidemic prevention.
4. Other cases prescribed by the law on State of emergency.
Article 8. Development of national telecommunications 1. Development of national telecommunications master plan defines the objectives, principles, developing market-driven telecommunications, infrastructure, telecommunications, technology, telecommunication services and solutions implemented.
2. The construction of the planned national telecommunications development is done according to the following rules: a) fit with strategy, planning, planning of socio-economic development of the country in each period; Vietnam comply with the law, the international treaties to which the Socialist Republic of Vietnam is a Member;
b) consistent with the trend of convergence of technology and telecommunications services; facilitate the application of new technologies, advanced technologies;
c) ensuring the management, exploitation and use of telecommunication resources effectiveness, saving and proper purpose;
d) ensure sustainable telecommunications development, harmony; the gap of development between regions, telecommunications;
DD) environmental protection, secure telecommunications infrastructure and information security.
3. The information and communications construction planning national telecommunications development process the Prime Minister for approval and implementation of planning national telecommunications development.
4. on the basis of the development of national telecommunications, telecommunication business planning, planning of the business.
Article 9. Responsible for managing the State of telecommunications 1. The unified Government Administration about telecommunications 2. The Ministry of information and communications is responsible before the Government made unification the State management on telecommunications, has the following powers, duties: a) issued or the competent State agencies issued legal documents, standards, technical standards, technical-economic norms about telecommunications; strategy, development of national telecommunications;
b) implement legal texts on communications, strategic planning, national telecommunications development;
c) manage, regulate the telecommunications market; business management telecommunication service and telecommunication services;
d) initiative in collaboration with the Ministry of industry and trade management competition in works set up telecommunication infrastructure and provide telecommunications services under the provisions of the law on competition;
DD) inspection, testing, solving a dispute, complaint, report and handle breach of the law in the telecommunications operations;
e) training, fostering human resource development; research and application of science and technology in telecommunications activities;
g) international cooperation on telecommunications.
3. The ministerial-level agencies, within the scope of the task, their powers are responsible for coordination with the Ministry of information and communication make governance about telecommunications.
4. the people's committees of all levels within the mission, his powers make the governance of local telecommunications.
Article 10. The specialized Administration about telecommunications specialist agency for telecommunications is the Agency under the Ministry of communications and information, shall assist the Minister for information and communications the task state management on telecommunications as assigned, allocated by the competent State bodies.
Article 11. Specialist Inspector Inspector specialist telecommunications telecommunications organization and the specialized inspection by Ministry of information and communication made under the provisions of the law on the Ombudsman.
Article 12. The acts prohibited in telecommunications activities 1. Advantage Telecom activities aimed against the State of the Socialist Republic of Vietnam; harm to the national security, order, social security; vandalism blocks great the entire population; the propaganda war of aggression; cause hatred, conflicts between peoples, ethnic groups, religions; propaganda, inciting violence, prurient, sexual, crime, social ills, superstition; pure, destructive of American nationalism.
2. Disclose State secrets, secrets, military, security, economic, foreign and other secret information specified by law.
3. Currency burglary, eavesdropping, see identity theft information on the telecommunication network; theft, unauthorized use of telecommunications resources, password, encryption key and private information of the Organization, the other individual.
4. Put information distort, slander, insult the reputation of the Organization, the honor, the dignity of the individual.
5. Advertising, propaganda, sale of goods or services is forbidden by rules of law.
6. Unlawful obstruction, disturbing, undermining the establishment of telecommunications infrastructure, the supply and use of telecommunication services.
Chapter II TELECOMMUNICATIONS BUSINESS article 13. Form of business communications 1. Telecommunication business including business telecommunications services and telecommunications goods business.
Telecommunications services business is investment in infrastructure, public telecommunications, telecommunication services aim to be profitable.
Commodities trading is Telecom investment, production, purchase, sale, rental of software and supplies, telecommunications equipment aims to be profitable.
2. telecommunications services business under the provisions of this law and other provisions of the relevant laws.
The cargo business of telecommunications under the provisions of article 51 and article 52 of this law and the provisions of relevant laws.
Article 14. Rights, obligations of telecommunications business 1. In addition to the rights, the obligations specified in business law, corporate service providers no longer have the right infrastructure, the following obligations: a) the construction, installation, system owners telecommunications equipment and transmission lines within the facility and its public service points to provide telecommunications services for the users of telecommunications services;
b) transmission line Rental to connect the telecommunications equipment, systems, facilities, public service spots with each other and with the public telecommunications network of the telecommunications business;
c) transmission line Rental or buy telecommunications traffic of other telecommunications business for resale to users of telecommunications services;
d) For other telecommunications business leased telecommunications infrastructure;
DD) allocated resources for telecommunications as telecommunication resources planning and regulation of telecommunication resource management;
e) made the task of public telecoms by State Affairs and financial contributions to fund Vietnam public telecommunications services;
g) responsible for the quality of service standard registered or published; ensuring true enough, accurate pricing, according to the contract using telecommunication services;
h) under the control of the authorized State bodies and implement the rules of secure telecommunications infrastructure and information security;
I) recurring reports or at the request of the specialized administration of telecommunications on the operation of the business; responsible for the accuracy, timeliness of content and report data.
2. service provider business infrastructure, the network has the right to, the following obligations: a) used space, ground, ground, bottom, bottom of the sea to build telecommunications infrastructure in the proper planning, standards, technical regulation;
b) For other telecommunications businesses to hire telecommunications infrastructure;
c) participated in providing public telecommunications services;
d) right, the obligation stipulated in paragraph 1 of this article.
Article 15. Rights, obligations of telecommunications service agent in addition to the rights, obligation defined in commercial law, telecommunications service agents also have the right to, the following obligations: 1. Set the system terminals in location is used to provide telecommunications services for the users of telecommunications services at that location under the agreement in the contract of remote service agent information;
2. Make the offer, resale of telecommunications services under the provisions of this law;
3. Refuse to provide services for users of telecommunications services in violation of the provisions of article 12 of this law or at the request of the competent State agencies;
4. the implementing rules of secure telecommunications infrastructure and information security;
5. Ask the telecommunications business contract for telecommunications services resellers guide providing information about telecommunication service and subject to the check and control of telecommunications enterprises;
6. Make time to provide telecommunications services under the provisions of the local government;
7. Provide telecommunications services according to the quality and price in a contract of telecommunication service agent.
Article 16. Rights, obligations of users of telecommunications services and telecommunications subscribers 1. Telecommunications service users have the right to, the following obligations: a) the choice of telecoms or telecom service agents to contracts that use telecommunication services;
b) requires businesses of telecommunications, telecommunications service agent provides the necessary information related to the use of telecommunications services;

c) using telecommunications services according to the quality and price in the contract using telecommunication services;
d) refused to use a portion or the entire telecommunications service under a contract of use of telecommunications services;
DD) are guaranteed private information confidential in accordance with the law;
e) complain about prices, service quality; be repaid the tariffs and other direct damages due to the fault of the telecom business or telecommunications service agents cause;
g) full and timely payment of service charges for telecommunications;
h) compensation directly his fault caused the telecom business, telecommunications service agents;
I) responsible before the law for the content of information transmitted, stored, put on the telecommunications network;
k) not use the telecommunications infrastructure of telecommunications business to business telecoms services.
2. telecommunication subscribers have the right to, the following obligations: a) the design, installation or other individual, organization design, installation of Subscriber terminals and internal networking within the location which he used until the end of the public telecommunications network;
b) make regulations about resource management and telecommunications standards, technical regulation of telecommunications;
c) provide sufficient, accurate information of subscribers to telecommunication business when the contracts of use of telecommunications services;
d) password protection, encryption key and Subscriber terminals;
DD) the rights, the obligation stipulated in paragraph 1 of this article.
Article 17. Property in the business telecommunications services 1. The State holding of shares in the dominant service provider enterprises have the network infrastructure has special importance for the operation of the entire telecommunications infrastructure in the country and directly impact to social-economic development, national defense, security assurances.
The Prime Minister issued the list of businesses offering services of network infrastructure by the State holding of shares.
2. Government regulation or capital ratio details the maximum stake per organization, individuals are entitled to hold in two or more different telecommunications business of the same business in a telecommunications market to ensure healthy competition.
Article 18. Investing in business telecommunications services 1. Investment activity in the business telecommunications services must according to the provisions of this law and the law on investment.
2. Forms of foreign investment conditions, the percentage shares of the foreign investor sales to telecommunications services according to the provisions of the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member.
Government Regulation details form, conditions of foreign investment and the rate of shares of the foreign investor in the business telecommunications services.
3. foreign investors conducted investment activities for the first business telecommunications services in Vietnam to implement the following provisions: a) investment projects and perform registration of investment or investment undertaking in the State Management Agency on investments to be granted investment certificates. Investment certificates at the same time as the business registration certificate.
b) level business license of telecommunication services according to the provisions of articles 34, 35 and 36 of this law.
4. Enterprise with foreign capital established in Vietnam to conduct investment business telecommunications services must implement the following provisions: a) the modified procedures, additional business registration certificates, investment certificates was there;
b) level business license of telecommunication services according to the provisions of articles 34, 35 and 36 of this law.
5. Vietnam enterprises do not have foreign investment, investors in the country to conduct investment business telecommunications services must implement the following provisions: a) business registration according to the regulations of the corporate law and the other provisions of the relevant legislation;
b) level business license of telecommunication services according to the provisions of articles 34, 35 and 36 of this law and must not make registration of investments, investment assessment.
6. business investment activities overseas telecommunications services must follow the provisions of the law on investment of Vietnam and the country receiving the investment.
Article 19. Competition in telecommunications services 1. The telecommunications business is not done the Act restricting competition, unfair competition according to the rules of competition law.
2. In addition to the provisions in clause 1 of this article, the telecom business or Enterprise telecommunications group has dominant position in the market, Telecom business media holding was not essential to perform the following acts: a cross-Bu) telecommunications service to unhealthy competition;
b) use of the advantage of the telecommunications network, the essential means to obstruct the market, limit, causing difficulties for the operation of telecommunications service providers telecommunications enterprises;
c) using information obtained from other telecommunications business in the the purpose of unfair competition;
d) does not provide timely for other telecommunications businesses technical information about essential media and related trade information necessary to provide telecommunications services.
3. the telecommunications enterprise telecom business group or have the dominant position in the market, Telecom business holds essential means must be performing accounting, private statistics for telecommunications services constitute a control to determine the cost of telecommunications services accounted for market share.
4. Each period, the Ministry of information and communication issued listing the business of telecommunications, telecommunication business group located dominates the market for telecommunications services that the State should manage the competition, telecommunications business portfolios hold essential media; regulations and implementation of management measures in order to promote competition and ensure healthy competition in the business telecommunications services.
5. The telecommunications business when the economic focus have combined market share from 30% to 50% of the market related services must inform the specialized administration of telecommunications before conducting the economic focus.
6. The implementation of the provisions of article 25 paragraph 1 of the law on competition in telecommunications operations must be approved in writing by the Ministry of information and communication.
7. The information and communication Ministry coordinated with industry detailing the implementation of paragraph 1, 5 and 6 of this Article.
Chapter III PUBLIC TELECOMMUNICATIONS article 20. Public telecommunications activities 1. Public telecommunications activities is the provision of public telecommunications services and the implementation of the telecommunications public utility mission by the State Department.
2. public telecommunications services including telecommunications services and telecommunications services required.
Universal telecommunications services are telecommunications services are provided to the people by category, condition, quality and prices by State regulations.
Mandatory telecommunications services are telecommunications services be provided at the request of the State to ensure that the contact information in case of emergency as stipulated by law.
3. Funding for the provision of public telecommunications services are secured from public telecom service Fund to Vietnam; funding for the implementation of the telecommunications public utility mission by State Affairs was secured from the State budget.
4. The choice of the enterprise providing public telecommunications services is done through the bidding, order or plan.
Article 21. Management of public telecoms activities 1. The Prime Minister approved a program to provide public telecommunications services in accordance with national telecommunications development plan; regulated telecommunications public utility missions using the State budget.
2. The Ministry of information and communications is responsible for: a) coordinated with the Ministry of Finance building programs provide public telecommunications services the Prime Minister for approval;
b) issued the list public telecommunications service, quality, price, and range objects provide public telecommunications services;
c) build and implementation plan to provide public telecommunications services annually;
d) management, examine the provision of public telecommunications services and the public mission of the telecommunications business.
Article 22. Public telecom service fund Vietnam 1. Public telecom service fund Vietnam's State financial institution, not for the sake of the profits to support the State's policy of providing public telecommunications services.
2. public telecom service Fund Vietnam is formed from the following sources: a) proportional contributions to telecommunications service revenues of the telecommunications business;
b) aid, funding, voluntary contributions of individuals, organizations, institutions and individuals;
c other legal sources).
3. The Prime Minister decided to establish the Fund in Vietnam, public interest telecommunications services; regulation mechanism of contribution and use of financial resources of the Fund.
4. The Ministry of finance in cooperation with the Ministry of information and communication issued regulation on accounting, currency lodging the donations to fund Vietnam public telecommunications services; Regulation of financial management public telecom service Fund Vietnam.
Chapter IV SET UP the NETWORK and TELECOM SERVICE PROVIDERS Article 23. Subscriber terminals, local network 1. The installation, connect the Subscriber terminals, internal networks to the public telecommunications network must follow the rules of Telecom resource management, standards, technical standards for telecommunications.
2. The prepaid subscriber terminals, internal networks to the public telecommunications network by the telecommunications business is done through the contract using telecommunication services.
Article 24. Telecommunications Network Setup 1. Telecommunications networks are built and developed under the strategy, planning, standards, technical regulation of telecommunications is the competent State agency approvals issued.
2. hold set telecommunications network must have a license to set up telecommunications networks under the provisions of this law.
3. The Prime Minister detailing the establishment and operation of private telecommunications network serving the State, Party organs.

4. The Department of Defense, the Department of public safety regulates the establishment and operation of private telecommunications networks serving defense, security.
5. Except where the provisions of paragraph 3 and paragraph 4 of this article, the Ministry of communications and information detailing the setting a public telecommunications network and the telecommunications network used exclusively the following: a) telecommunication network using wired transmission lines are due to held build;
b) private telecommunication networks that are members of the network are organizations, individual or organization, Vietnam foreign individuals operating in Vietnam have the same purpose, nature of activities and linked together by the Charter organization and operation or other form;
c) wireless telecommunications networks used for diplomatic missions, consular authorities abroad, representative offices of international organizations based in Vietnam are entitled to privileges, immunities of diplomatic or consular immunities, incentives;
d) The private telecommunications networks.
Article 25. Provide telecommunications services 1. Organizations providing telecommunications services must have a license to provide telecommunications services, except in the case prescribed in clause 2 and clause 3 Article 40 of this law.
2. The supply of services of telecommunication applications must follow the provisions of this law on the connection, telecommunications management, standards, technical regulation of telecommunications and the provisions of relevant laws.
3. The provision of telecommunications services is done directly or resale of the service on the basis of the contract of use of telecommunications services between the business of telecommunications, telecommunications services with agents who use telecommunications services.
4. telecommunications business must sign a contract using telecommunication services model.
5. The provision of telecommunication services over the border to the use of telecommunication services on the territory of Vietnam must follow the rules of the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member.
6. telecommunication enterprises in Vietnam to provide telecommunications services abroad must follow the rules of the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member, and the law of the country where the service provider business.
7. The Ministry of communication and information detailing the provision of telecommunication services.
Article 26. Refusing to provide telecommunications services in the telecommunications business are not refused the contract or terminate the contract with users of telecommunications services, except the following cases: 1. The use of telecommunication services in violation of the contract has been committed;
2. telecommunications services users violating the obligation of paying the tariffs has been the telecommunications business agreement to refuse to provide the service;
3. The provision of telecommunications services is the specialized agency of telecommunications confirming in writing is not economically feasible-technical;
4. The request in writing of the authorized State agencies as prescribed by law.
Article 27. Stop business telecommunications services 1. When to stop trading in whole or in part of telecommunications services have been licensed, telecommunications businesses have a responsibility to inform the specialized agency for telecommunications, and take measures to ensure the rights, legitimate interests of users of telecommunications services and related parties.
2. telecommunications business holds essential media, telecoms or Telecom business group has a dominant position in the market, the business provides public telecommunications services only stop trading a part or the whole of the telecommunication services when the Ministry of information and communications approved by the text.
3. Government Regulation details conditions, procedures to stop a part or the whole of the business activities of telecommunication services.
Article 28. Business communications 1. The telecom business is used in domestic and international communications via telecommunication network due to mining business management, Executive, technical, professional and be free of service charges.
2. telecommunications business detailing the object, scope, level of use and issued regulations to manage internal business communication business.
Article 29. Emergency telecommunications services 1. Emergency telecommunications service is service call the emergency contact number of the police, firefighters, ambulance.
2. The Ministry of information and communications prescribed emergency contacts in the planning of national telecommunications inventory; guidelines provide emergency telecommunications services.
3. the telecommunications business is responsible for: a) inform users of telecommunications services and posted in a public telephone directory for emergency contacts;
b) ensuring accessibility of telecommunications services users to emergency contacts;
c) Exempt the tariffs referred to the emergency contact for users of fixed telephone services.
Article 30. Room service lookup telephone subscriber number 1. Public telephone directory is a collection of information about your name, address, subscription number, and other relevant information of fixed phone subscriber, stored in the form of print, electronic, on-line version due to the telecom business and management.
2. fixed telephone subscribers have the right to register or refuse to register their subscriber information into the public telephone directory.
3. Room service lookup telephone subscriber's services help telecom service users lookup cell phone subscriber number fixed by the public telephone directory.
4. telecommunications businesses have a responsibility to provide free of charge for users of fixed telephone service for at least one of the forms of public telephone directory specified in paragraph 1 of this article.
5. The information and communication Ministry detailing the offer Concierge service subscriber phone number lookups fixed.
Article 31. The service reported damage to fixed phone subscriber number 1. The service reported damage to fixed phone subscriber number is fixed phone service local announced the unusual activity in or out of touch of fixed phone subscriber numbers by business management and troubleshooting requirements.
2. the telecommunications business has the responsibility of ensuring accessibility and free of tariffs for the service damage to fixed phone subscriber number for users of telecommunications services.
Article 32. Billing and payment service charges and telecommunications 1. The telecom business is responsible bill paying service charges in full, accurate, timely for the telecommunications service users in the form of payment. Users of telecommunications services are responsible for the full, timely payment of service charges by telecommunications telecommunications business provided under the bill payment.
2. the telecommunications business is responsible for the correct amount of deductions that people use telecommunications services are paid according to the tariff regulations for the telecommunications services in the form of payment.
3. Bill paying service charges for telecommunications must be complete, accurate, clear the contents of the following: a) tariff and payment amount for each type of telecommunications service;
b) the total amount to pay;
c) value added Tax.
4. In the case of bill-payment service charges monthly telecommunications according to the contract, if there is no other agreement between the telecommunications business and subscription telecommunications, telecommunication business has the responsibility to provide or hire other organizations to provide for Telecom subscribers free detailed once attached to the Bill for the telecommunication services by category room service by the Ministry of information and communications regulation.
Article 33. Refund rates and compensation of damage 1. Enterprise telecommunications services not provided on time and the quality of the delivery contract with the telecommunications services users must then reimburse part or all of the prices collected.
2. the telecommunications business is not indirect damages or resources not obtained due to the provision of telecommunications services is not a guarantee of quality and time.
3. in the supply, use of telecommunications services, the parties assigned the contract using telecommunication services are responsible for the physical damages directly his fault caused to the other party.
4. The parties assigned the contract using telecommunication services are exempt of liability for compensation for damage in case of force majeure.
Chapter V LICENSING TELECOMMUNICATIONS Article 34. Telecom licence 1. Telecommunications licenses include a business license and permit telecommunications services telecommunications services.
2. Business license of telecommunication services including: a) certificate of public telecoms network, there is a time limit of not more than 15 years are granted for business provides network infrastructure services;
b) license to provide telecommunications services, there is a time limit of not more than 10 years, be granted for business service providers do not have the network infrastructure.
3. telecommunications business license include: a) the license installation of telecommunications cables at sea, there is a time limit of not more than 25 years was granted to the telecommunications organization of cable installation on the sea shore or go through the internal waters, territorial sea, continental shelf, exclusive economic zone of Vietnam;
b) license private telecommunications network setup, there is a time limit of not more than 10 years was granted to the organization private network setup;
c) license test network and telecommunication services, has a time limit not exceeding 12 years is provided for network testing organizations and telecommunications service.
4. The Government detailing the authority, conditions, procedures, modifications, additions, renewed, revoked the license of telecommunications.
Article 35. Telecommunications licensing principles 1. Consistent with the strategy, the development of telecommunications in the country.
2. Priority Telecommunications license for projects capable of rapid deployment, in fact, have committed to providing long-term services to large users of telecommunications services; the project provides telecommunications services to the remote areas, border areas, Islands, there are social-economic conditions extremely difficult.

3. where the licensing of telecommunications are related to the use of telecommunication resources shall only be granted if the allocation of telecommunications resources is feasible, in accordance with the approved planning and ensure the effective use of telecommunications resources.
4. licensed organization responsible to the telecommunications law for the accuracy of the records suggest the telecommunications license, on the implementation of the provisions in the licence and commitment with the licensing agency.
5. Organization of licensed telecommunications fees payable right to telecommunications activities and the licensing of telecommunications fees pursuant to the law on fees and charges.
Article 36. Licensing conditions of business telecommunications services 1. The business was licensed to provide telecommunications services when the following conditions: a) is the business registration certificate or certificate of business investment in telecommunication services;
b) Have sufficient financial, human and organizational fit with the scale of the project;
c) Are technical feasible business projects consistent with the strategic development plan, national telecommunications, regulations on telecommunications resources, connections, prices, standards, technical standards, the quality of the network and telecommunication services;
d) take measures to ensure the safety of telecommunications infrastructure and information security.
2. enterprises are licensed public telecommunications network set when the following conditions: a) The conditions specified in paragraph 1 of this article;
b) capital and investment commitment levels specified by the Government.
Article 37. Licensing conditions for telecommunications services 1. Vietnam organizations and foreign institutions are licensed for installation of telecommunications cables at sea when the following conditions: a) committed to comply with the provisions of the law of Vietnam;
b) pledged not to pollute the marine environment;
c) pledged not to perform other operations in addition to the survey, installation, maintenance and repair of telecommunication cable glands;
d) provides complete, accurate, timely information regarding cable glands for the specialized Administration about telecommunications;
DD) subject to check, control, guidance of competent State agencies when the survey, installation, maintenance and repair of cable glands in the waters of Vietnam and bear all costs for the inspection and control operations tutorial.
2. Organization of licensed private telecommunications network set when the following conditions: a) committed to private telecommunications network set only to provide services to members of the network, not for the purpose of business telecommunications services;
b) has a technical professional, consistent with planned national telecommunications development, the regulation of telecommunication resources, connection, standards, technical regulation of telecommunications;
c) take measures to ensure the safety of telecommunications infrastructure and information security.
3. The organization is licensed to test network and telecommunications services when the following conditions: a) the recommended testing services are telecommunications services have not been specified in the telecommunications license has been issued or the telecommunications services that use telecommunications resources beyond the telecommunications resources have been allocated;
b) the scope and scale of the test is limited to technology assessment, market before official trading;
c) test plan fit the rules of connect, the tariffs, standardization, technical regulation of telecommunications.
Article 38. Renewal conditions, amendments, additions, new telecommunication license level 1. Telecommunications licence be renewed when the following conditions: a) the organization is licensed under the Telecommunication Regulation in telecommunications and license provisions of this law;
b) Of first level and duration of the telecommunication license extension does not exceed the maximum term prescribed for the type of license; term license cases first level by the maximum term prescribed for the type of the license when the license expired, are only considering the extension of no more than a year.
2. The grant of new licences for telecommunications organizations when the licence was issued expiring is made according to the provisions in articles 35, 36 and 37 of this law has considered the implementation of content regulation in telecommunications licenses were issued and the rights of users of telecommunications services.
3. The amendment and supplementing of the telecommunication license in the license validity period is performed according to the recommendations of the organization being licensed or at the request of the Ministry of information and communication must be compatible with the planning of telecommunication resources, connections, prices, standards, technical standards for telecommunications.
Article 39. Telecommunications license revocation 1. The Organization of telecommunication licenses revoked if one of the following cases: a) the provisions of paragraph 1 of article 12 of this Law;
b) deceptive acts or provided fake information to licensed telecommunications;
c) activity is not consistent with the content of the telecommunication license was granted, cause serious consequences to the rights, legitimate interests of organizations and individuals;
d) Not on the actual deployment of content regulation in the telecommunication license was granted after the time limit of two years from the date of license;
DD) does not inform the Ministry of information and communications when it stopped providing telecommunications services Telecom licence are granted a year.
2. The organization of telecommunication licenses revoked in cases stipulated in points b, c, d and DD clause 1 of this article after the time limit of one year from the date the revoked licences have the right to suggest the telecommunications license, if remedial cause and is eligible to be licensed for telecommunications as defined in this law.
Article 40. Telecommunications license exempt organizations, personal telecommunications activities are exempt telecommunications license in the following cases: 1. telecommunication goods business;
2. To provide telecom services in the form of telecommunication service agents;
3. transmission line Rental to offer telecommunications services;
4. private telecommunications Network, except in the cases prescribed in points a, b, c and d of paragraph 5 article 24 of this law.
Article 41. Telecommunications activity rights fees 1. Telecommunications activity rights fee is the amount the Organization paid for the State to be entitled to establish the network, providing telecommunications services. Telecommunications activity rights fees are determined on the basis of the scope, scale, telecommunications networks, telecommunications services revenues; the number and value of telecommunication resources to be allocated; the level of use of space, ground, ground, bottom, bottom of the sea to set up telecommunications networks, telecommunications construction, point provides public telecommunications services.
2. The organization has the responsibility to file charges for telecommunications operations right under one of the following three forms: a) Filed annually as a percentage of revenue;
b) Filed annually according to fixed rates;
c) Filed once as the fixed rate for the entire duration of the license.
3. The Ministry of finance in cooperation with the Ministry of information and communications regulation, the competent State Agency detailing the extent of currency, currency, payment, management and use of telecommunication activity rights fee.
Chapter VI CONNECTION and SHARED TELECOM INFRASTRUCTURE Article 42. Telecommunications connection principle 1. The telecommunications business has the right to connect its telecommunications network with the network or telecommunications services of other telecommunications business, the obligation for other telecommunications businesses connected to the network or telecommunication services.
2. The network connections, telecommunication services is done according to the following rules: a) through negotiations on the basis of ensuring fair, reasonable, consistent with the authority, the interests of the parties involved;
b) effective use of telecommunication resources and telecommunication infrastructure;
c) ensure technical requirements of telecommunications connections and safety, consistency of the telecommunications network;
d) ensure the rights, legitimate interests of users of telecommunication services and the Organization, individuals are related.
43 things. Public telecommunications network connection 1. The business provides network infrastructure service when connected to a public telecommunications network are responsible for: a) provides the connection at any point is technically feasible on the telecommunications network;
b) ensure timely, reasonable connection, public, transparent;
c) No discrimination regarding tariffs, standards, technical standards, quality telecommunications networks and telecommunications services.
2. telecommunications business holds essential media when connected to a public telecommunications network are responsible for: a) create conditions conducive to the negotiation and implementation of telecommunication business connection;
b) build, register with the specialized Administration about telecommunications and publicly a sample connection agreement;
c) implementation of the provisions of paragraph 1 of this article.
3. telecommunications connection charges are built on the basis of the price, reasonable separation according to the constituent parts of the network or the services, irrespective of the type of service.
4. The information and communication Ministry detailing the procedure for signing, perform the connection agreement to the public telecommunications network; chairing consultative and dispute resolution the connection between telecommunications businesses.
Article 44. Private telecommunication network connection 1. Private telecommunications network is connected to the public telecommunications network on the basis of ensuring the technical regulation, standards of public telecoms networks and comply with the regulations regarding the connection between private telecommunications networks with the public telecommunications network.
2. The private telecommunications network connection to the public telecommunications network is done through the connection contract in writing between the telecommunications businesses and organizations are using private telecommunications network.
3. private telecommunications networks are not directly connected to each other, except with the consent in writing of the specialized agency of telecommunications.
4. The information and communication Ministry detailing the private telecommunications network connection to the public telecommunications network.
Article 45. Sharing telecom infrastructure 1. Shares of telecommunication infrastructure is the use of a common network section, public works, telecommunications equipment between telecom enterprises to ensure network setting and provide telecommunications services efficient, convenient, fast or secure inquiries about the landscape, the environment and urban planning.

2. The sharing of telecom infrastructure is done through the contract on the basis of ensuring the rights, legitimate interests of the telecommunications business.
3. The Governing Body decision telecommunication specialist sharing of telecom infrastructure in the following cases: a) general use essential means of telecommunication if the business does not reach agreement;
b) used in common telecommunications infrastructure to ensure required passive about the landscape, the environment and urban planning;
c) general use of telecommunication infrastructure to serve the telecommunications activities of public utility.
4. The information and communication Ministry detailing the sharing of telecom infrastructure.
Chapter VII Article 46 TELECOMMUNICATIONS RESOURCES. Telecom resource management 1. Telecom resource management including the planning, allocation, grants, register, assign, use, assignment of rights of use, revoke the refund, use telecommunications resources.
2. The management of radio frequencies and satellite orbits in telecommunications activities are performed according to the provisions of the law on radio frequency and the provisions of this law.
3. The management of Telecom resources is done according to the following rules: a) fit with strategy, planning the national telecommunications development;
b) ensure optimal network setup and provide telecommunications services;
c) ensure equity, public, transparency in the provision of, telecommunications resources allocation;
d) ensure the use of telecommunication resources effectiveness, save, for your purposes;
DD) guarantee the rights, legitimate interests of organizations, individuals allocated resources and telecommunications telecommunications services users.
4. The Ministry of communication and information detailing the number of warehouse management in telecommunications, Internet resources.
Article 47. Warehouse planning of telecommunications, Internet resources 1. The warehouse planning of telecommunications, Internet resources is done according to the following rules: a) fit with strategy, planning the national telecommunications development;
b) ensure update of new technologies, in line with the trend of technology convergence, service;
c) ensures optimal network setup and provide telecommunications services;
d) secured the use of telecommunications, Internet resources, savings, efficient for your purposes;
DD) fit the rules of telecommunications, Internet resources of international organizations to which the Socialist Republic of Vietnam is a Member;
e) ensure the rights, legitimate interests of organizations and individuals, use of telecommunications, Internet resources.
2. The Ministry of information and communication issued warehouse planning of telecommunications, Internet resources planning.
Article 48. Allocation, use, reimbursed the repository of telecommunications, Internet resources 1. The allocation, assign, grant, register (hereinafter the allocation) and the use of telecommunications, Internet resources is done according to the following rules: a) match the warehouse planning of telecommunications, Internet resources;
b) ensure equity, public, transparency in the allocation of warehouses of telecommunications, Internet resources;
c) ensure use of telecommunications, Internet resources are allocated efficiently, save, for your purposes;
d) priority allocation of inventory of telecommunications, Internet resources for organizations that have the capacity to offer telecommunications services quickly in fact; providing telecommunications services to the remote areas, border areas, Islands, there are social-economic conditions particularly difficult and serve public telecommunications activities;
DD) priority allocation of warehouses of telecommunications, Internet resources for organizations that have the capacity of new technology applications, advance technology, to meet the requirements of convergence technology, service.
2. The allocation of warehouses of telecommunications, Internet resources is done according to the following method: a) auction, the examination of arsenals use telecommunications, Internet resources have high commercial values, there needs exceed the capacity allocation;
b) directly under the master plan on the basis of individual organizations registered before being granted or is entitled to use in advance, except in cases specified in point a of this paragraph;
c) other allocation methods under the provisions of the law.
3. The organization, individuals allocated the repository of telecommunications, Internet resources is responsible for: a) the use, rental of warehouse again, telecommunications, Internet resources are allocated in accordance with the purpose, scope, object allocation decision and the regulation of telecommunications inventory management, regulation, management and use of Internet resources;
b) periodically or at the request of information reporting and communication about the plan and the situation of use of telecommunications, Internet resources that have been allocated;
c) auction paid in case of distributed repository of telecommunications, Internet resources through an auction;
d) Filed the charge use fees, warehouse distribution of telecommunications, Internet resources.
4. organizations and individuals no longer needs the use of telecommunications, Internet resources are returned to the store management agency of telecommunications, Internet resources.
5. The Prime Minister detailing the allocation of warehouses of telecommunications, Internet resources through auctions, conveyance; the responsibility of compensation when the repository withdrawal of telecommunications, Internet resources.
6. The Ministry of communication and information detailing the examination of arsenals auction, telecommunications, Internet resources and inventory list of telecommunications, Internet resource, to be auctioned in each period.
7. The Ministry of finance in cooperation with the Ministry of communications and information detailing the extent of currency, currency, payment, and management uses usage charges, warehouse distribution fees of telecommunication, Internet resources.
Article 49. Inventory transfer of telecomunication, Internet resources 1. The repository of telecommunications, Internet resource are assignment include: a) the repository of telecommunications, Internet resources by the Ministry of information and media distribution for organizations and individuals through the auction.
b) Internet domain names, except the national Vietnam domain name ".vn" for the party, the State and other institutions under the Ministry of information and communication.
2. Inventory of telecommunications, Internet resources are transferable according to the following conditions: a) the Organization, personal use rights transfer of telecomunication, Internet resource must have the legal right to use the repository of telecommunications, Internet resources;
b) Organization, individual assignee the right to use the repository of telecommunications, Internet resources must be licensed or eligible investment, exploitation, use of telecommunications, Internet resources;
c) parties to transfer the right to use the repository of telecommunications, Internet resources transfer tax obligation has the right to use the repository of telecommunications, Internet resources;
d) parties to transfer the right to use the repository of telecommunications, Internet resource is responsible for ensuring the rights, legitimate interests of organizations and individuals concerned;
DD) the transfer of rights to use the repository of telecommunications, Internet resources by the Ministry of information and media allocation for the Organization, individuals adopted the auction should be the Ministry of information and communication.
Article 50. Repository recovery of telecommunications, Internet resources 1. Repository recovery of telecommunications, Internet resource is the competent State Agency decided to withdraw the right to use the repository of telecommunications, Internet resources were allocated for the Organization, the individual is also the term used.
2. The recovery of the treasures of telecommunications, Internet resources is done in the following cases: a) recovered to use of telecommunications, Internet resources to serve national interests, public interests, social-economic development, defense and security;
b) purposes, the object using the repository of telecommunications, Internet resource no longer match the warehouse planning of telecommunications, Internet resources planning;
c) Organization, individuals have been allocated the repository of telecommunications, Internet resources do not pay a fee to use the inventory, distribution of telecommunications, Internet resources.
3. Organize, personal telecommunication number repository revoked, Internet resources specified in paragraph 2 of this Article must stop using the repository of telecommunications, Internet resources according to the decision revoking the digital repository of telecommunications, Internet resources.
4. State compensation for the Organization, personal telecommunication number repository revoked, Internet resources specified in point a and point b paragraph 2 of this Article.
Chapter VIII STANDARD MANAGEMENT, TECHNICAL STANDARDS, QUALITY and PRICES of TELECOMMUNICATIONS Article 51. Standards, technical regulation and telecommunications 1. Telecommunications standards system including international standards, national standards and facility standards for telecommunications equipment, telecommunications connections, telecommunications structures, the quality and service of telecommunication network was announced, applied in Vietnam under the provisions of the law on technical regulation, standards and product quality , commodities.
2. The system of technical regulation of telecommunications including national technical standards for telecommunications equipment, telecommunications connections, telecommunications structures, the quality and service of telecommunications networks are built, issued in Vietnam under the provisions of the law on technical regulation, standards and product quality , commodities.
Article 52. Standard management, technical standards for telecommunications, network and quality telecommunications services 1. Organizations and individuals before putting the Terminal list telecommunications equipment likely to cause loss of safe circulation on the market or the connection to the public telecommunications network to carry the certificate of conformity, conformity and publication use conformity mark.
2. the telecommunications business before making the networking equipment, equipment for measuring the tariff list telecommunications equipment required inspection operations to perform the inspection.
3. telecommunications businesses have a responsibility to publish, test, quality control network and the telecommunications services in category network and telecommunications services required to manage quality.
4. mutual recognition of conformity assessment results with standards, technical regulation of telecommunications between Vietnam with Nations, territories are made under international treaties to which the Socialist Republic of Vietnam is a Member; between the Organization reviews the suitability of Vietnam with the Organization reviews the suitability of Nations, territories are made under the agreement between the parties.

5. The Ministry of science and technology evaluation and publish national standards on telecommunications after the reunification with the Ministry of information and communication.
6. The Ministry of information and communications is responsible for: a) enact national technical standards, conformity assessment regulations with the technical standards of telecommunications equipment, network and telecommunication services;
b) implementing quality management network and telecommunication services;
c) issued the list of telecommunication equipment have potentially died, the list of mandatory telecommunications equipment testing, network and telecommunications service quality management required;
d) management activities of the Organization reviews the suitability standards, technical regulation of telecommunications service quality management requirements of devices, network and telecommunications services.
Article 53. Telecommunications rates 1. Telecommunications charges including tariff applicable to users of telecommunications services and tariffs between the telecommunications business.
2. The tariffs applicable to the use of telecommunication services is tariff users telecommunications service payment for the telecommunication business when using telecommunications services provided by the telecommunications business.
3. The tariffs between the telecommunications business is payment rates between the telecommunications business when this business acquisition services or use the network of other business to the end or forward telecommunication services; This business case using a network of other businesses to the end of the telecommunication service, payment rates between the telecommunications business called telecommunications connection rates.
Article 54. Principles determining the tariffs for telecommunications 1. Respect the right to self-determination and compete on pricing of telecommunications business.
2. Ensure the harmonization of rights, legitimate interests of users of telecommunications services, telecommunications business; the interests of the State.
3. Ensure a healthy competitive environment and the implementation of public telecoms activities.
4. Perform equally, irrespective of the management and regulation of telecommunication charges, unless needed to encourage new businesses entering the market.
Article 55. Determining the tariffs for telecommunications telecommunications rates are determined based on the following bases: 1. Policy and telecommunications development goals each period; the law on prices, international treaties to which the Socialist Republic of Vietnam is a Member;
2. On the basis of price, the relationship of supply-demand on the market and appropriate correlations with telecommunications rates of all countries in the region and the world;
3. Not cross between the telecommunications services Article 56. Telecommunication charges management 1. The Ministry of information and communications is responsible for: a) regulations on telecommunications rates management; the decision telecommunication rates prescribed by the State;
b) coordinated with the Ministry of industry and trade promotion activity regulation in the telecommunications service provider;
c) coordinated with the Ministry of Finance regulates the exemption, reduction of telecommunications rates serve public telecommunications activities;
d) directing and guiding the implementation of the reporting regime, accounting, and auditing management activities service telecommunications rates;
DD) prescribing the method of determining the price of telecommunication services;
e) control, suspension of telecommunications rates apply when the telecommunications business to impose dumping telecommunications rates, destabilizing the telecoms market, doing damage to the rights, legitimate interests of users of telecommunications services, other telecommunications businesses and the State.
2. the telecommunications business is responsible for: a) rates decision telecommunication services provided by enterprises, except the service list by the State telecommunications rates regulation;
b) The Ministry of information and communication plan of the telecommunication service charges due to State regulation;
c) cost accounting, identification, listing price, announced telecommunications service rates;
d) perform accounting, reporting, and auditing management activities service telecommunications rates;
DD) is not imposed, predatory pricing, telecommunications market instability, causing damage to the rights, legitimate interests of users of telecommunications services, telecommunications and other business of the State.
Chapter IX TELECOMMUNICATION WORKS Article 57. The planning of telecommunication works 1. The process of public telecoms precedence using space, ground, ground, bottom, bottom of the sea. The point provides public telecommunications services are priorities set at the train station, bus station, sea ports, airports, and other public locations to serve the needs of the users of telecommunications services.
2. Planning the construction traffic, urban, residential, industrial, economic zones, high-tech zones are planned telecommunications infrastructure passivity to ensure consistency, the construction investment and facilitate the establishment of the telecommunication infrastructure and provide , use telecommunications services.
3. Planning of telecommunication infrastructure in local passive must match the development of the national telecommunications, economic-development plan of local society and is compulsory in the construction planning, building planning and urban construction planning of rural settlement in accordance with the Law and construction law, urban planning.
Article 58. Land used for telecommunications 1. To base the planning of telecommunication infrastructure and passive planning, land use planning has been the competent State agency approval, the people's Committee of the authority responsible for land for the construction of important telecommunications relates to national security or be used as points to provide public telecommunications services.
2. The investor when the investment project of the important telecommunications work related to national security or be used as a point of providing public telecommunications services must clearly define the land area needed to use, compensation, clearance and implementation of the project after the competent State agencies approved and allocated land.
3. the people's committees of all levels within the mission, his powers have a responsibility to lead and coordinate with the owner of the project works and telecommunications made plans the clearance; compensation for loss of land, property; protecting the land for the project of telecommunication works prescribed in clause 1 of this article.
Article 59. Design, construction and telecommunications 1. Transportation, electricity, roads, water supply, sewer lines and other technical operations must be designed, constructed to secure the installation, transmission line protection, public works and telecommunications.
2. The construction of telecommunications is consistent with the master plan of the telecommunication infrastructure, according to the provisions of this law and the provisions of relevant laws. The telecommunications infrastructure is passive content required to have when designing the base system for traffic infrastructure, energy supply, water supply, public lighting, drainage and other infrastructure works.
3. organizations and individuals build telecommunications infrastructure associated with the investment, installation of telecommunication cable lines, devices must inform the management authority of local telecommunications.
Article 60. General use technical infrastructure 1. The use of common technical infrastructure, transportation, energy supply, public lighting, sewerage, water supply, telecommunications and other infrastructure work is done according to the principles of efficiency, savings, ensure the landscape, the environment, in accordance with urban planning and the planning of socio-economic development.
2. Government Regulation details the use of the technical infrastructure, public transport, energy supply, public lighting, sewerage, water supply, telecommunications and other infrastructure works.
Article 61. Construction management and telecommunications 1. The Ministry of information and communications is responsible for: a) coordinated with the Ministry of construction, Ministry of transport, Ministry of industry and trade guides the planning, design, construction and telecommunications infrastructure combined with passive infrastructure construction communications, energy supply, public lighting , water supply, drainage and other infrastructure works as defined in article 57, article 60 of this Law;
b) guide the people's Committee of the city, centrally planned building telecommunications infrastructure locally passive;
c) promulgate regulations used in common telecommunications infrastructure between passive telecommunication businesses.
2. the people's committees of provinces and cities under central has the following responsibilities: a) planning infrastructure Telecom passive locally according to the rules of the Ministry of information and communications; publication, guide, monitor, inspect the implementation of the master plan of the telecommunication infrastructure in local passive;
b) held general usage technical infrastructure between telecommunications, electric power, transportation, water supply, drainage and other local industries.
3. The organization, individuals are responsible for complying with the regulations on the planning, design, construction and use of the technical infrastructure, public transport, energy supply, public lighting, sewerage, water supply, telecommunications and other infrastructure works.
Chapter X TERMS Enacted 62. Effect 1. This Act has effect from 1 July 2010.
2. The provisions of the Telecommunications Ordinance, no. 43/2002/PL-UBTVQH10 expired from the day this law is in effect.
Article 63. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.
This law was the National Assembly of the Socialist Republic of Vietnam XII, session 6 through 11-23-2009