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The Decree 160/2004/nd-Cp: Detailing The Implementation Of A Number Of Articles In The Postal And Telecommunications Ordinance On Telecommunications

Original Language Title: Nghị định 160/2004/NĐ-CP: Quy định chi tiết thi hành một số điều của Pháp lệnh Bưu chính, Viễn thông về viễn thông

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GOVERNMENT DECREE detailing implementation of some articles of the postal and Telecommunications Ordinance on Telecommunications Law base GOVERNMENT government organizations on 25 December 2001;
Postal Ordinance base, telecomunication on 25 May 2002;
According to the recommendation of the Minister of posts and telecommunications, the DECREE: chapter I General provisions article 1. Scope 1. This Decree detailing implementation of some articles of the postal and Telecommunications Ordinance on telecommunications was the Commission of the National Assembly of the Socialist Republic of Vietnam passed on 25 May 2002.
2. The management, provision and use of Internet services is made under the provisions of Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government and the related provisions of this Decree.
Article 2. Application object 1. This decree applies to organizations, individual Vietnam; organizations, foreign individuals involved in telecommunications activities in the fields of Vietnam set up telecommunications networks; provision and use of telecommunications services; the production and export of telecommunications equipment; construction and installation works in telecommunications.
2. In the case of international treaties to which the Socialist Republic of Vietnam signed or joined has other telecommunications regulations with the provisions of this Decree shall apply to international treaties.
Article 3. Secure telecommunications network and information security 1. Telecommunications network is the infrastructure national information, must be protected and not be compromised. The local authorities, the armed forces units and telecommunications businesses have a responsibility to coordinate with each other to protect the security of public telecoms network. Owners of private telecommunication networks, specialized telecommunications networks, telecommunications services and agents who use the service are responsible for protection of telecommunications networks and terminal equipment, actively participate in the protection of public telecoms network, at the same time notify the telecom business or to the competent State agencies about the destructive behavior , violated the public telecommunications network.
2. In the process of joining the telecommunications operations, agencies, organizations, individuals are responsible for ensuring the secure telecommunications network and information security; subject to the management, inspection, test and implement the requirements of secure telecommunications network and information security of the competent State bodies.
3. in case of emergency due to the laws of the State of emergency regulations, part or the entire telecommunications network can be mobilized to serve at the discretion of the competent State bodies.
4. Upon request of the competent State agencies, corporate communications is responsible for the layout of premises, telecommunication networks and access points to the technical conditions, other necessary services to the agencies which perform the tasks of controlling and ensuring information security.
5. the telecommunications business in collaboration with the unit of the Ministry of public security conducted an emergency stop and discontinue to provide services with respect to the cases that cause riots, violence, use of telecommunications and Internet services infringe national security, against the State of the Socialist Republic of Vietnam.
6. Postal and telecommunications Ministry in coordination with the Ministry of public security and other relevant agency guide the secure telecommunications network and information security in the operation of telecommunications.
Article 4. Ensure confidential information 1. Agencies, organizations, individuals involved in telecommunications activities must comply with the law on the protection of State secrets and is responsible before the law for the content of the information that you entered, stored and transmitted over telecommunications networks.
2. what kind of State secrets if the transmissions on the telecommunications network must be encoded according to the rules of the law of weak muscle. The use of encryption techniques to ensure confidentiality of information in civil and commercial have to comply with the provisions of the law.
3. for private information secretly channelled through telecommunications networks, the Internet of every organization, individuals are guaranteed in accordance with the law. Prohibits the eavesdropping, theft of information on telecommunications network; theft, unauthorised use of passwords, encryption keys and private information of organizations and individuals.
4. the telecommunications business is responsible for ensuring the confidential private information related to the use of telecommunication services including name, address, number of calls, number of servers your call, 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 above information;
b) telecommunications businesses have agreed in writing with each other in the exchange of information about the users of telecommunication services for telecommunications law violations in order to prevent acts of evading service;
c) telecommunications businesses have agreed in writing to each other about the Exchange, providing information related to the use of telecommunication services to cater for the billing and collection of charges, printed to customer charges;
d) when required by the competent State agencies as prescribed by law.
5. The control of information on telecommunications networks, the Internet is due to the State agency authorized to conduct pursuant to the law. The telecommunications business, private telecommunications network owners, dealers and users of telecommunications services has the responsibility to coordinate and provide sufficient relevant information to the competent State agencies to detect, prevent and treat the behavior using the telecommunications network to terrorist activities , compromised national security, social order and safety.
Chapter II network and telecommunication services category 1 Terminal and internal network article 5. Subscriber terminals and internal network 1. Subscriber terminals are fixed terminals or mobile connection user's roaming on public telecommunications network through the end of the public telecommunications network.
2. Subscriber terminals are classified into: a) a subscriber terminal is the Terminal No function switch or the connected call include: telephone equipment, mobile equipment, fax machines, modems, messaging devices, access terminals Internet radio , the computer, the device combines features of the aforementioned equipment;
b) multiple subscriber terminal is a Terminal switching function, connect the call include: PABX switchboard, equipment access Internet radio portal, device that features connection calls;
c) The other Subscriber terminals according to the regulations of the Ministry of posts and telecommunications.
3. The Subscriber terminals belonging to the category of mandatory certification of conformity to standards, the Subscriber terminals having radio-wave radiation like to use on the public telecommunications network must follow the rules of certification of conformity to standards and regulations on the management of , use frequency and radio broadcast equipment.
4. the internal Network is the system of telecommunication equipment by an individual organization (hereafter referred to as the internal network server) set at a location whose address range and determine that hosts local network which are fully legal to ensure internal communications for the members of the network. Where the internal network is the individual members of the network are members of the households for which the internal network server is either the householder are authoritative householder under the provisions of the law. Where the internal network is organised then the membership of the network is determined by the operating conditions, legal documents regulating the structure of the organization or the relevant legal regulations.

5. Internal Network are classified into wireline network (telecommunications devices linked together by cable telecommunications), wireless network (with radio devices linked together by radio waves or a combination of both electric and radio-telecommunication cable lines).
Article 6. Last point position of public telecommunication network 1. The last point of public telecoms network is the physical connection point in telecommunications network technical standards to ensure the terminal connections of the person using the service to the telecommunications network.
2. The end of public telecommunications networks delineate the boundaries of responsibility of technical and economic between the telecommunications business with the use of the service. The range from the last point to the users are the responsibility of the user. The range from the last point on the business side are the responsibility of the business.
3. In the case of the telecommunications network used to provide telecommunications services to the user through the local loop circuit (subscriber line or trunk line), if no other agreement when concluding contracts between telecommunications and business people to use the service, the location of the last point of public telecoms network is identified as the Subscriber of : a) the last cable head Box installed at the Subscriber's home; or b) or wire head Box (table) wire of the transmission equipment installed at the Subscriber's home if the conditions in point a above does not satisfy; or c) terminal connector drive first (close to most users) at the Subscriber, if the conditions in points a, b above do not satisfy.
4. In the case of the telecommunications network used to provide telecommunications services to the user through satellite equipment (includes equipment or transmitter) or the original radio station, or gateway device to access the Internet radio of the telecommunications business, if no other agreement when concluding contracts between telecommunications and business people to use the service, the location of point the end of public telecoms network is identified as the Subscriber of the satellite device's antenna or the antenna of a radio station's antenna or access Internet Radio Portal.
Article 7. Equipment, design, installation, maintenance, repair and connect roaming subscriber terminals, local network 1. People who use services can purchase the Subscriber terminals, Terminal rental or lease of telecommunications enterprises; can undertake or hire other private institutions, maintenance, repair of Subscriber terminals, local network in your property.
2. People who use services can undertake themselves or hire the other individual, organization design, installation of Subscriber terminals, internal network within the scope of his place until the end of the public telecommunications network. The design and installation of Subscriber terminals and intranet to comply with legal processes, and the regulation of postal and telecommunications Ministry of telecommunication networks construction and telecommunications equipment.
3. Connecting the terminal equipment, the internal network on the public telecommunications network by the telecommunications business is done through contracts with people who use the service.
4. When connecting the terminal equipment, the internal network on the public telecommunications networks, the telecommunication business has the right to refuse to connect roaming and ask people to use the service to fix the existence if discovered and have sufficient basis to conclude the installation of Subscriber terminals internal network: a) does not meet the technical standards as specified by the Ministry of post and telecommunications; or b) Cause loss of security for public telecommunications networks, telecommunications and business people to use the service; or c) does not guarantee the true purpose of use of the service under the telecommunications regulations or the terms of the contract and use of telecommunication services.
5. for the subscriber terminal and internal network have connected with satellite channels, private rental stations VSAT ground, Internet, telecommunication services users must ensure the use of Subscriber terminals, the true purpose of the internal network has recorded in the contract to provide and use telecommunications services. Telecommunications service users do not use or allow others to use the Subscriber terminals, internal network to forward by any method (automatic or employees) calls from the non-terminal or terminal outside the local network through private channels rent satellite ground stations, VSAT, Internet and vice versa (in both directions to and from).
Section 2 article 8 Telecommunication Network. Public telecommunications network 1. Public telecommunications network includes: a) fixed telecommunication network: ground fixed telecommunications Network;
Fixed satellite telecommunication network.
b) mobile telecommunications networks: land mobile telecommunications Network;
Satellite mobile telecommunications network.
c) other public telecommunications networks by Ministry of posts and telecommunications regulations.
2. Management and exploitation of public telecommunications networks.
a postal and telecommunications Ministry): construction, issued or the prime strategic telecommunication development plan, including the planning of telecommunications network and information resources;
The Prime Minister decides the setting or suspension of telecommunications relationships with foreign countries;
The decision to close, open the long-distance telecommunications communication direction in the water public utility service, security, defense, after exchanging United with Ministry of public security, the Ministry of defence.
b) the ministries, local government levels and the Ministry of posts and telecommunications is responsible for co-ordination to ensure: the planning, design, construction, urban residential area, industrial zones, export processing zones, hi-tech, new economic zones and other public buildings are part of planning for public communications as : telecommunication Center, public service spots, antenna mast, sewer, hot cable, cable in the House etc.
Microwave transmission lines, optical cables, copper cables are combined along the roads, bridges, sewers, streets, street, Summer Street;
The construction works of the public and other people do not impair or impede the operation of the telecommunications network structures have been built in accordance with planning.
c) organizations, telecommunication business when setting up and exploitation of telecommunications network to ensure: compliance with the plan, the development plan has been the competent State agencies;
Licensed by the Ministry of posts and telecommunications, telecommunications level prescribed in this Decree;
Have decided to allocate the resource information (if any) of the Ministry of posts and telecommunications;
Comply with industry standards, Vietnam standard and international standard of construction and installation works, telecommunications network by the competent State agencies issued or published required apply;
Do no harm to the environment and other social economic activities.
Article 9. Local loop circuit 1. Local loop circuit is part of the public telecommunications network, including the subscriber line and trunk lines connecting local businesses with their telecommunications terminal equipment of the Subscriber to use the service.
2. the subscriber line is wired or radio transmission to connect local businesses with their telecommunications terminal equipment of a Subscriber user.

3. sugar sugar is trunk line or radio transmission to connect local telecommunications business with multiple subscriber terminals of users. According to technical standards, the road divided into trunk: trunk, trunk and trunk.
Article 10. Backbone system Telecom 1 countries. Backbone system Telecom is part of the public telecommunications network, including the long distance transmission lines in the country, international and the international information portal, has special importance for the operation of entire national telecommunications networks and direct influence on economic development , social security, defense of the country.
2. Postal and telecommunications Ministry made the State management functions for backbone system Telecom through national mechanisms, policies, and regulations on licensing; connect the telecommunications network; standards, quality and connection rates, rent of channels; General use information infrastructure of the country.
3. Enterprises to provide network infrastructure which permits the setting of fixed telecommunications network of the public way in the water or the newly established international backbone system Telecom national and business services hired domestic or international long distance.
4. Enterprises to provide network infrastructure can only license the public mobile telecommunications networks be allowed to set up local transmission lines and long lines in the country to connect the systems in your network equipment together, but were not used this transmission lines to provide service channels, and not set the International Portal.
5. other telecommunications businesses is not set up systems of national telecommunications backbone, but was hired to channel domestic and international long distance to set up the network and telecom service provider in accordance with the provisions of the license.
Article 11. Broadcast transmission 1. Broadcast transmission is the transmission of signs, signals, data, text, sound, images and other forms of information by cable, radio waves, optical media and other electromagnetic means.
2. Postal and telecommunications Ministry made the State management of broadcast transmission within the country: a) The Prime Minister issued the strategy, the development of broadcast transmission within the country; organizing, directing the implementation of the strategy, the development plan has been approved by the Prime Minister;
b) issued legal documents on licensing, frequency, standard, quality, pricing, to implement state management in the field of broadcast transmission;
c) conducted inspections, checking and handling of breaking the law in the field of broadcast transmission; hosted, in cooperation with the Ministry of defence, the Ministry of public security to check, control the transmission broadcast service of Defense and security.
3. The development of social economy is related to the transmission of broadcast before the Prime Minister must be approved by the Ministry of post and telecommunications conformity assessment, strategy, planning, provisions of the law on broadcasting transmission.
Article 12. Private telecommunications network 1. Private telecommunication network telecommunications network is by using private telecommunications network set up to ensure that the information for the members of the network, including two or more telecommunications devices are installed at the location whose address and scope defined on the territory of Vietnam that the members of the network are fully in accordance with the law and the connected via the public telecommunications network or by the transmission line due to network or build rental home.
2. Home private telecommunications network is the Agency, organization, enterprises and Vietnam, foreign organizations active on the territory of Vietnam are allowed to establish private telecommunications network, as specified. Membership of the network is a member of the Agency, organization, enterprises are allowed to set up the network. The membership is determined by the operating conditions, legal regulations, the organizational structure of the Agency, organization, business or the relevant legal regulations.
3. According to the transmission method used to set up the network, private telecommunications networks be classified into wireline private networks (telecommunications devices are linked together by the cable telecommunications), private radio networks (telecommunications equipment are linked to each other by radio waves or a combination of both electric and radio-telecommunication cable lines).
4. The private telecommunications network must have network setup license include: a private telecommunications Network) that the members of this network are the organs, organizations, enterprises, agencies or Vietnam foreign organizations operating in Vietnam have the same active nature or purpose of the work and are linked with each other through Charter operations or text legal regulation of common organizational structure or form links, joint activities between the members;
b) private telecommunication network transmission line wired self build;
c) private telecommunications networks fixed wireless and mobile satellite satellite, except the private satellite network in the maritime mobile service, aviation mobility, promoting (radio, tv) and amateur radio;
d) private radio telecommunications network of diplomatic missions, consular, foreign representative offices of international organizations enjoying preferential rules and diplomatic immunity, based in Vietnam;
DD) other private telecommunications networks as defined by the Ministry of post and telecommunications.
5. In addition to the private telecommunications network referred to in paragraph 4 of this article, the other private telecommunications networks do not need to set up a license, but subject to the rules of connect, numbered, permission to use the frequency and radio broadcast equipment.
Item 3 telecom services article 13. Classification of telecommunications services 1. Basic telecommunications services is tv service take immediate information of the user in the form of symbols, signals, data, text, sound, image via telecommunications network or the Internet without changing the type or content of the information sent and received over the network.
2. basic services include: a) the fixed telecommunications service (local, domestic long distance, international): telephone service (voice, fax, data communication in a voice tape);
Data communication services;
Signal transmission services;
Channel rental services;
Telex services;
Telegraph service.
b) mobile telecom service (national, local): mobile information service to the ground;
Phone service wireless trunk;
Messaging Services;
c) fixed telecommunications services satellite;
d) service satellite mobile telecommunications;
DD) maritime radio services;
e) basic services by the Ministry of posts and telecommunications regulations.
3. additional service is the service offered more at the same time along with basic services, enrich and perfect the more basic services, on the basis of the technical features of the equipment or the ability of the telecommunication business service. Telecoms regulation and announced the additional services provided by themselves.
4. value-added services is a service that adds value to use the user's information by improving the type or content of information, or provides the ability to archive, restore that information on the basis of use of telecommunications networks or the Internet. Value-added services include: a) electronic mail services (e-mail);
b) voice mail service (voice mail);
c) data access services and information on the network;
d) services for electronic data exchange;

DD) fax service adding value includes storage and send, store and access;
e) conversion services and protocols;
g) data-processing services and information on the network;
h) value added services by the Ministry of posts and telecommunications regulations.
5. Internet services include: a) Internet connection services;
b) Internet access service;
c) Internet application services in telecommunications.
6. Strategic development base of telecommunications, the planning of telecommunication services market in each period, the Ministry of posts and telecommunications issued a list of basic telecom services and added value.
Article 14. Resale of telecommunications services 1. Resale of telecommunications services are purchased directly form the telecommunications services from telecommunications businesses on the basis of the amount of rental or buy traffic through a contract signed with the telecommunications business to provide telecommunications services for the user. Resale of telecommunications services including Terminal Services resale and resale of services on the basis of the way in the water channel and hire international.
2. Terminal service resale: a) When selling back end services, every organization, the individual is obliged to register business, pay tax according to the provisions of the law and signed resale agent services with Telecom business and comply with the regulations on the management of pricing, resale of telecommunications services;
b) for fixed telecommunications services, organizations and individuals are setting up systems of Subscriber terminals, fixed scope in locations that are fully legitimate and resell the service to users within that location according to type, quality of agent in contract agreements on the basis of local loop circuit hire (trunk road subscriber lines) of the telecommunications business;
c) for mobile telecommunication services, organizations and individuals are provided (sale or lease) the Terminal mobile subscribers and resell the service to users in the correct type, the quality of the agreement in the contract on the basis of dealer buying of Telecom business traffic.
3. Resale of services on the basis of the domestic long distance and channel rentals international: a) provides enterprise network infrastructure installed telecommunication system to the extent that his location be fully legal to resell telecommunications services on a nationwide basis to hire domestic and long-distance channels of other telecommunications businesses;
b) business telecommunications service provider was installed telecommunication system in the range of locations that are fully legal to resell telecommunications services within the industrial zones, export processing zones, high-tech zones, on the basis of hiring domestic long distance and channel international's other telecommunications businesses. On the basis of the strategy, the development of telecommunications, The postal service, telecommunications review, the decision with respect to the case of resale of telecommunications services outside the scope of the industrial zones, export processing zones, high-tech zones.
4. Postal and telecommunications Ministry detailing the technical issues, career service relating to the resale of telecommunications services such as telecommunication services category are resold, the audience is allowed to resell the services, the scope of resale, resale rates, services, connections, leased channels.
Article 15. Contract to provide and use telecommunications services 1. The provision and use of telecommunication services is made on the basis of the contract is between the telecommunications business with the use of the service.
2. The contract provides and uses the services are expressed in the form of texts, words, the payment method, or by other specific acts under the provisions of the law.
3. where the contract and use of the service is done by writing: a) pursuant to the provisions of the law on contracts and the provisions of The postal service, telecommunications, telecommunication business has the responsibility to construct, issued the contract template provided and use of telecommunication services to perform unity in the whole business. In order to guarantee the rights of the users of telecommunications services, postal and telecommunications Ministry prescribed for some universal telecommunications service, telecommunications business is responsible for building the model contract, the Ministry of post and telecommunications;
b) in addition to the principal content specified in the contract template contracts, the parties may agree with each other about the content of the contract, but were not contrary to the provisions of the law, do not infringe the interests of the State, public interest, rights and legal interests of the Organization other individuals.
Article 16. Refusal to provide services in addition to the General provisions of contract law, the telecommunications business has the right to refuse contracts or unilaterally suspend implementation of contract with the person using the services in the following circumstances: 1. The use of the service violates the law of telecommunications according to the text of the conclusions of the State bodies are competent and do not enforce accountability its mission according to the conclusion of processing text.
2. People who use the service to violate the terms of the contract which the two sides agreed to suspend the contract conditions.
3. service user evade service in the payment of service charges in accordance with other telecommunications business, if there was a written agreement between the telecommunications business with each other on this issue.
Article 17. Professional communication and emergency contact 1. Professional communication: a) the telecommunication business are allowed to use the communication services in the country through telecommunication networks by enterprises set to executive management, extraction, processing techniques, career service;
b) telecommunications business is responsible for regulating the subject, scope, level of use and enact regulations business communications in their business under the provisions of the Ministry of post and telecommunications;
c) toll-free service for professional communications of the telecommunications business.
2. emergency communications: a) telecommunications business has the responsibility of ensuring the priority of service immediately contact emergency cases the provisions of article 7, the Telecommunication Ordinance;
b) emergency service is local phone service used to call the emergency services number of the organs of public security, fire, emergency medical and other agencies by the Ministry of posts and telecommunications regulations;
c) postal and telecommunications Ministry stipulated the number of emergency services in the telecommunications numbering plan countries. The telecom business is responsible for notifying the user, posted in a public telephone directory and announcements on the mass media the number of emergency services by the Ministry of posts and telecommunications regulations;
d) telecommunications business is responsible for providing the ability to access and free for emergency services for people who use the service.
Article 18. The number of subscribers and the public phone book 1. The subscription number is the set of digits are the use of the service (click) on the Subscriber terminals to connect to a different service users within the same region or the same numbered service network.
2. public telephone directory is a collection of information related to your name, address, subscription number, and other relevant information (if available) of the person using the service is stored in the form of publications or electronic publications and the telecom business printing, publishing and management according to the regulations of the Ministry , Telecommunications.

3. service users have the right to register or refuse to register the number of subscribers to the public telephone directory. If the person using the service refused to register the number of subscribers to the public telephone, the telecommunications business is responsible for maintaining the confidentiality of the information related to the user, except in the case prescribed in clause 4 Article 4 of this Decree.
Article 19. Subscriber number lookup help 1. Room service is subscriber number lookup cell phone service of telecommunication business, help for people using the service the subscriber number lookup by local management and enterprises registered in the public telephone directory. When the user calls to service number help number lookup service for subscribers of Telecom business and stated the information relating to the name or address of the person using the service will be subscription-required local number lookup.
2. The Ministry of post and telecommunications regulation number help number lookup service subscriber of mobile phone network in the national numbering plan.
3. the telecommunications business is responsible for notifying the user of the service, posted in a public telephone directory and announcements on the mass information media of air support services subscription number lookup postal and telecommunications Ministry regulations.
4. telecommunications businesses have a responsibility to provide the ability to access and free help service for the retrieval of the subscription for the user of the service using the following method: a) self-organization; or b) entrusted to the organization or other telecommunications business done, through a contract signed with the Organization, the business.
Article 20. Report damage to subscriber numbers 1. Corrupted message service number of subscribers of the public phone network is the phone service of telecommunication business help for users of business notification service to know the unusual activity or losing touch of fixed subscriber numbers by local management and enterprises require troubleshooting.
2. The Ministry of post and telecommunications regulations of air service failed number of subscribers of the local fixed telecommunications network within the national numbering plan. The telecom business is responsible for notifying the user of the service, posted in a public telephone directory and announcements on the mass information media of air service failed number of subscribers is the postal and telecommunications Ministry regulations.
3. the telecommunications business is responsible for providing the ability to access and free newspaper service for damaging the subscriber numbers for people who use the service.
Article 21. Invoicing and payment tariff 1. The telecom business is responsible bill paying service charges in full, accurate, timely for people using the service. People who use services are responsible for full payment, timely cost of using the services provided by enterprises in accordance with the prescribed rates.
2. Billing service charges are accurate, complete, clear and consists of a minimum of the following: a) the price for each type of telecommunications service;
b) total payment rates;
c) between Exchange rate of Exchange to apply to collect money and to Vietnam (if available);
d) value added Tax (VAT).
3. With regard to the monthly invoicing according to the contract, unless the user requests is not in the telecommunications business, have the responsibility to provide or entrust other telecommunications business through contracts to provide detailed free once attached invoices to the user for : a) The domestic long distance calls;
b) international calls;
c) calls to the mobile network.
4. If there is no other agreement between the telecommunications business and the people who use the service, the attached detailed billing tariffs should have at least the following information for each call are charging: a) the day, month, year of make calls;
b) start time and end time or start time and total time of the call;
c) Of your call (international call: country code, area code, subscriber numbers; domestic calls: area code, subscriber number);
d) amounts for each call.
Article 22. To provide and use cross-border telecommunications services 1. The provision of telecommunications services by foreign Telecom business across the border to the use of telecommunication services on the territory of Vietnam's land contract right through business or trade agreements with business management, exploiting the International Portal of Vietnam.
2. The use of telecommunications service users on the mainland territory of Vietnam must be made through the delivery of the contract with Vietnam Telecom business.
3. Based on international practices, the regulation on aviation security, and the ability to provide telecommunications services of the telecommunications business, the Vietnam post and telecommunications regulations, the provision and use of telecom services across borders for boat on the plane, the Sun, the waters of Vietnam and other special cases.
4. The Vietnam telecommunication businesses are allowed to provide its telecommunications services abroad are subject to the provisions of the law of Vietnam and the rule of law in the country that provide business telecommunications services.
Chapter III the parties providing and using the services Article 23. The telecommunications business has captured market shares telecom service control 1. The telecommunications business has captured market shares telecom service control is business constitute revenue or market share of greater than 30% of total revenue or traffic for this kind of local telecommunications services are allowed to offer and can directly influence the market that service of the telecommunications business.
2. Periodically, the post and telecommunications Ministry to identify and publicize the telecoms have captured market share telecommunications services control.
3. the telecommunications business has accounted for telecom service market share control has the rights and obligations prescribed in item 2 Article 39 postal and Telecommunications Ordinance on May 25, 2002.
Article 24. The telecommunications business to hold the essential media 1. The telecommunications business of holding the necessary means of telecommunication business was captured on 30% of the capacity on local loop circuits are allowed provided or captured on 30% of long distance transmission channel within the country or internationally; or captured on 30% of the original radio stations of terrestrial mobile networks.
2. Periodically, the post and telecommunications Ministry to identify and publicize the telecoms holding the necessary means.
3. telecommunications business holds the essential media responsibly: a) the planning and construction of telecommunication networks ensure the capacity for networking and transfer of telecommunications services;
b) create conditions conducive to the negotiation and implementation of a network connection, service between the telecommunications network of the telecommunications business in a fair and reasonable manner based on the effective use of telecommunications resources, use the general location of the connections and the technical infrastructure through the connection agreement between the parties;
c) building and the post and telecommunications Ministry approved the agreement to connect the form to apply for the telecommunications business connection requests.
Article 25. Telecommunications services agents 1. The Organization, individuals want to provide telecommunications services to users in the form of telecommunications, service agents to contract of telecommunication service agent with the telecommunications business and business registration in accordance with the law. Telecommunications service agents are classified into the Commission agent and the selling agent.

2. Agent commissions are set up the subscriber terminal a line in the place that is fully legitimate; terminal connection of subscribers to public telecommunications networks by subscriber lines to provide telecommunications service in that location according to the type, quality and service charges as specified and the brokerage Commission.
3. The vendor is set up Terminal system (a sugar and more sugar) to the extent that his location be fully legitimate; system connection terminals on the telecommunications network by the subscriber line or trunk to resell services at that location in accordance with the regulations on the resale of telecommunications services of the Ministry of posts and telecommunications.
4. On the basis of the provisions of the law of contract and the provisions of the postal service, telecommunications, telecommunication business is responsible for building and issued contracts for telecommunications services agent model to implement in business.
5. telecommunications service agents subject to inspection, inspection of the postal and telecommunications Ministry and the competent State agencies in the provision of telecommunications services.
Article 26. Report mode of telecommunication enterprises 1. The Ministry of posts and telecommunications regulations and issued the report form to apply for telecommunications businesses.
2. the telecommunications business has a responsibility to report the post and telecommunications Ministry periodically or irregularly on manufacturing operations, business, engineering, his profession at the request of the Ministry of posts and telecommunications and are responsible for the accuracy and timeliness of the contents and reporting metrics.
3. telecommunications businesses have a responsibility to prove the reports at the request of the Ministry of posts and telecommunications and the post and telecommunications Ministry to verify the figures reported in case of need.
4. telecommunication enterprises in breach of regulations on reporting will be dealt with in violation in accordance with the current legislation.
Chapter IV Section connection 1 connect the public viễm Network article 27. The connection principle of postal and telecommunications Ministry building and connection procedures on the basis of the following principles: 1. the telecommunications business has the right to require their telecommunications network with the network or telecommunications services of other businesses, at the same time the obligation for other telecommunications businesses connected to the network or telecommunications services with fair conditions and reasonable.
2. Connecting the telecommunications network must be made on the basis of the effective use of telecommunications resources and the technical infrastructure has been building.
3. Ensure the use of the service: a) the freedom to choose telecommunications businesses a convenient way to easily;
b) Was in contact with any user, regardless of the user that contracts with the telecommunications business;
c) are provided to the payment service and conveniently rates, reasonable.
4. Ensure the technical requirements of connection: a) adhere to the standards of the connection by the Ministry of post and telecommunications;
b) ensure the safety and integrity of each network and the entire public telecommunications network.
5. connection charges are built on the basis of price, reasonably separated according to the constituent parts of the network or the services, does not discriminate between the types of service. The case has connected the tariffs including sections contribute to the provision of public telecommunications services, then this part must be specified.
Article 28. The connection agreement form 1. The telecommunications business of holding the necessary media is responsible for building A sample connection agreement with the conditions of transparency and non-discrimination, the postal and telecommunications Ministry approval.
2. Once approved, the sample connection agreement be publicized to apply collectively to all telecommunications business connection requests.
3. In addition to the principal content is specified in the connection agreement templates, enterprises joining the connection may agree with each other about the content of the agreement, but is not contrary to the provisions of the law, do not infringe the interests of the State, public interest , the legitimate rights and interests of organizations and individuals.
Article 29. Connection points 1. Connecting point is the point on the line connecting the two telecom network with each other, with economic responsibilities, techniques between the two telecommunications businesses.
2. Geographical location of the connection point: If there is no other agreement in connection agreement of the participating business connection or other requirements of the post and telecommunications Ministry, the geographical location of connection points are defined as follows: a) the geographical location of the connection point for the local contact is the local or general local tandem;
b) geographic location of the connection point for long-distance communication in the country's local tandem switch or PBX switchboard way;
c) geographic location of the connection point for international communications long distance switchboard or switchboard;
d) geographic location of connection points for the mobile communication operator's local tandem, or long distance switchboard switchboard or mobile.
3. the location of the connection point in the network structure is the central portal of the telephone connection.
4. The number of connection points by the telecommunications business to join the free connection agreement, but must ensure the connection principle stipulated in article 27 of the Decree.
Article 30. Use the General position and general use infrastructure 1. General use position.
a) telecommunications businesses join connect apply the principle used in the connection point positions for all the places the fact allowing to improve efficiency, reduce costs and facilitate the enterprises to join the connection.
b) there are two methods used as general use real locations and general use virtual location. The method of general use virtual positions only applied when the method used real location can not be done by enterprises offers impossible connection layout is using and the other necessary conditions.
2. General use of the infrastructure.
a) infrastructure, including homes, cable, sewer, cable cable columns, the Tower tank antenna, internal cable path and ancillary equipment in the building put the connected devices and the means which should be used sparingly, effectiveness, avoid overlapping in construction and create favorable conditions for the connection If the request to give reasonable, feasible economically, technically and in accordance with the current provisions of the law;
b) general use infrastructure was done through the contract on the basis of agreements between enterprises. In some cases the need for connecting and setting up the telecommunications network, in order to ensure the interests of the State, the enterprises and the people who use the service, the Ministry of post and telecommunications will determine general usage telecommunications infrastructure if enterprises are not agreed upon.
Section 2 connect the cooktop private telecommunications networks, specialized telecommunications network with public telecommunications networks article 31. The connection principle The private telecommunications network, specialized telecommunications networks with the public telecommunications network must ensure the following principles: 1. the Telecommunications Network used, specialized telecommunications networks must meet the technical standards of public telecoms network.
2. Done through writing connection contract between the telecommunications business and the telecommunications network used, specialized telecommunications network owners.

3. Do not use the private telecommunications network, telecommunications network used to forward by any method (automatic or employees) long distance calls between the international and domestic terminals in addition to the network (in both directions to and from).
4. Do not connect directly to the private telecommunications network, specialized telecommunications network with each other, unless the Ministry of post and telecommunications.
Article 32. Connection points 1. Private telecommunication network are allowed to connect to the public telecommunications network in the local, tandem and local PBX in the enterprise by the connection point specified by the telecommunications trunk lines.
2. specialized telecommunications Network are allowed to connect to the public telecommunications network in the local, tandem, local telephone and long distance in the other connection points due to telecom businesses regulated by the trunk road.
Article 33. General use infrastructure 1. Where the private telecommunications network, the telecommunications network used auto transmission line construction under the network settings then network owners should be responsible for the entire installation, operation, maintenance of trunk roads. The telecom business is responsible for the layout of premises and installation of transmission equipment (if available), cable duct, cable tank, columns of the antenna and other equipment comes as the power source, etc. for owners of private telecommunications networks, telecommunications networks used in the place of its connection.
2. The use of the infrastructure of telecommunications business is done through a contract signed between the owners of private telecommunication networks, specialized telecommunications networks with the telecommunications business.
3. Costs for the use of telecommunication business infrastructure by private telecommunications networks, the owner of specialized telecommunications networks and the telecommunications business deals.
Chapter V telecommunications numbering Article 34. The telecommunications numbering plan 1. The telecommunications numbering plan is detailing the structure and purpose of use of the code, the number is applied uniformly nationwide to secure the operation of network and telecommunications services. A collection of code, the telecommunications number to be called treasures of telecommunications.
2. the telecommunications numbering plan include: a) the planning of public telecoms network numbering;
b) Guest planning of signalling point codes;
c) plan your domain name, Internet address;
d) plan the networks of other telecommunications services.
3. Postal and telecommunications Ministry building, enact, amend, supplement the telecommunications numbering plan.
Article 35. Inventory management of telecommunications 1. Postal and telecommunications Ministry building and regulation of telecommunications inventory management.
2. Based on the Rules and regulations plan warehouse number, postal and telecommunications Ministry decided the allocation or withdrawal of the code, the number of telecommunications telecommunications businesses and to organizations and individuals.
3. the telecommunications business is responsible for: a) check code, number and distribution, please block the number prescribed by the Ministry of post and telecommunications;
b) plans to use the code, the telecommunications number has been Ministry of telecommunication, postal distribution;
c) perform the arithmetic, number rental and recovered for the number of people using the service according to the rules of telecommunications inventory;
d) report the Ministry of post and telecommunications plans and the use of code, the telecommunications numbers periodically or irregularly at the request of the Ministry of posts and telecommunications;
DD) within the telecommunications number blocks were allocated on the basis of the telecommunications numbering plan and network development plan has been approved, the authorized telecommunications business to inform the users of the service concerned for at least 60 days before the change of the subscriber about the time and other pertinent information about the change of plans user guides, use of the service after the change. Telecommunications businesses must bear all costs for the change, but is not liable for indirect damages caused by the change to the user.
4. specialized telecommunications network Owners, users, dealers and users of the service are granted or be hired, number code is responsible for using the code, the number has been issued or are hired according to the regulation of telecommunications and warehouse management guide of the telecommunications business.
5. Postal and telecommunications Ministry to revoke the code, service number or subscriber number blocks already allocated in the case of the telecommunications network or home business no longer needs to use for other purposes.
6. When you need to change the block length or number of subscribers, telecommunications businesses and specialized telecommunications network owners to plan, propose and execute only after the Ministry of posts and telecommunications for permission in writing.
7. All agencies, organizations, individuals when using code, the number of telecommunications fees and charges payable under the provisions of the law.
Chapter VI telecommunications licences section 1 General provisions Article 36 on licensing. Licensing principles 1. Consistent with strategy, planning, telecommunications development plan Vietnam.
2. license for priority projects capable of rapid deployment, in fact, have committed to provide for a long-term use of the service; the project provided services to the remote areas, border areas and Islands; the scheme provides public telecommunications services, serve the party, State security and defense.
3. where the licensing is related to the frequency of use, storage of, then the license is only granted if the review of the allocation of the frequencies, the repository can be performed according to the approved plan.
4. The telecommunications business license has the participation of foreign investors must comply with the provisions of the law on foreign investment and the international treaties to which Vietnam signed or joined.
5. Prohibition of the sale, transfer the telecommunication license types. In case of change in organizations such as merged, dissolved, or to change the capitalization shares by State, agency, organization, enterprises have a responsibility to report the post and telecommunications Ministry to review the granting or revocation of the license in accordance with the regulations on the licensed object.
6. The Agency, organization, Enterprise completely laws is responsible for the accuracy of application for telecommunications licenses. Based on the application for authorization, the post and telecommunications Ministry to conduct the appraisal and licenses or deny the license under the provisions of this Decree. The Agency, organization, business after getting the licence, have responsibility and actively implementing activities recorded in the license and is completely responsible to the law on the production and trading activities, providing its services according to the provisions of the laws and regulations of the license has been granted.
7. All organs, organizations, enterprises are obliged to file charges and licensing fees under the regulations.
Article 37. The telecommunications business license not required 1. Organizations, individuals, businesses of all economic sectors to operate legally in Vietnam can sign up for and functioning of telecommunication business in the following areas without license: a) produce materials, telecommunications equipment (excluding the broadcasting equipment, radio broadcasting);
b) export, importing materials, equipment of telecommunications;
c) provides telecommunications services in the form of telecommunication service agent.
2. In the course of business activities, organizations, individuals, businesses need to comply with the provisions of the law on quality of goods and services, the regulations on advertising information, the regulations on dispute resolution, compensation and the provisions of relevant laws.
3. In addition to the provisions in paragraph 2 of this Article:

a) for the production of business supplies, telecommunications equipment (excluding the broadcasting equipment, radio broadcasting), organizations, individuals, businesses need to comply with the provisions on quality control of telecommunications equipment in article 52 of this Decree;
b) with respect to the export business, importing materials, telecommunications equipment, organisations, individuals, businesses need to comply with the provisions on quality control of telecommunications equipment in article 52 of this Decree, the regulation on use frequency and radio equipment of Decree No. 24/2004/ND-CP on 14 January 2004 by the Government on radio frequency the power and the current rules on the management of export and import commodities of prime time;
c) for the provision of telecommunications services in the form of telecommunication service agents, organizations, individuals, businesses need to comply with the regulations on telecommunications service agents in article 25 of this Decree.
Section 2 licensed network and telecommunications service providers Article 38. Licensing conditions 1. Conditions on the subject: Is State enterprises or enterprises which capital contributed by the State constitute the dominant stock or shares in particular.
2. Conditions of professional technical and financial capabilities: a) Have sufficient financial and human resources expertise consistent with the scale of the project to deploy the license;
b) have the technical development of the network and business service approach feasible and consistent with the current rules about connection, use the resource information, pricing, technical standards and quality of service;
c) Have the standby to ensure safety when there are technical problems;
d) Has the equipment and technical services, network security and information security.
Article 39. The licensing procedure 1. Application for license.
Application for permission of the business was established as 3 (1 is the original, the 2nd is a copy). Each record consists of: a) application for license of the enterprise;
b) business registration certificate or license;
c) chartered organization and operation of enterprises;
d) project to provide services including the main content as follows: business plan includes the type of service; the scope of provided services; service quality standards; the tariffs; market analysis and forecasting, revenue; the total cost of the investment and allocation of funding for each stage; form of investment projects seeking funding; manpower;
Technical plan includes the configuration of network devices, including the main part and spare parts; analysis of network capacity, equipment; the capacity of the transmission line; corresponding information resources; the equipment and technical measures, security services, security of information;
Our commitment to implementing the scheme for providing telecommunications services to long for the use and regulation of telecommunications management.
2. Time and processing process records.
The post and telecommunications Ministry receiving record permission, conduct the evaluation during the 75 days from the date of the valid profile. The case disagreed, the post and telecommunications Ministry has the responsibility to inform in writing, stating the reason for refusing permission for business permission to know. Application cases enable the guarantee of basic professional requirements, and appropriate business strategy, development of national telecommunications, postal and telecommunications Ministry is responsible for the written opinions of the ministries concerned and the general process of the Prime Minister for comments about the license, please set up the network and provide services of telecommunications the business. The case received comments agree with the text of the Prime Minister, the Ministry of posts and telecommunications is responsible for the business license within 15 days from the date of the comments agree with the text of the Prime Minister.
3. Amendments, supplements the content license.
a) during the time of validity of the licence, if the licensed businesses want to amend and supplement the license content to send amended, additional license to the Ministry of post and telecommunications;
b) application for additional amendments include: application to amend and supplement the license content; a copy of the license in effect; report on the situation of the business activity; the report describes in detail the additional content, edits and other relevant documents;
c) postal and telecommunications Ministry evaluation and review additional license, modified within a period of 60 days from receipt of valid records. In case of refusal to grant additional licenses, amendments, the Ministry of post and telecommunications is responsible for replying in writing stating the reason for rejection for business please modify, supplement the license know.
4. Renewal of the license.
a) licensed business would like to extend the license renewal application must submit to the Ministry of post and telecommunications, 60 days before the date the license expires. Renewal application includes an application for renewal of a licence; a copy of the license in effect;
b) postal and telecommunications Ministry evaluation and review renewals of licenses within a period of 60 days from receipt of valid records. The case refused to renew the license, the post and telecommunications Ministry has the responsibility to answer in writing stating the reason for filing business know;
c) license renewed just once and the grace period does not exceed one year.
5. Revocation of the license.
Network Setup and license to provide telecommunications services withdrawn in the following cases: a 2-year period) after, since the date of the license, the business is not yet implemented on the fact the activities recorded in the licence without reasons. Businesses who want to license revoked license must complete the procedure as permission, new cases;
b) dealt with violations in the field of telecommunications according to the provisions of the law are measures to revoke the licence.
Category 3 license to provide telecommunications services to article 40. Licensing conditions 1. Conditions on the subject: businesses of all economic sectors was established under the provisions of the law.
2. Conditions of professional technique: a) Has developed technical equipment of telecommunications systems within the facility and public service spots and business telecommunications services feasible and consistent with the current rules on setting up a network, connect, using information resources , pricing, technology and quality of service;
b) Have the standby to ensure safety when there are technical problems;
c) Has the equipment and technical services, secure network and information security.
Article 41. The licensing procedure 1. Application for license.
Application for permission of the business was established as 3 (1 is the original, the 2nd is a copy). Each record consists of: a) application for license of the enterprise;
b) business registration certificate or the investment license of enterprise;
c) chartered organization and operation of enterprises;
d) project to provide services including the main content as specified in point d paragraph 1 to article 39 of the Decree.
2. Processing time profile.
The post and telecommunications Ministry to conduct the appraisal and licenses within a period of 60 days from receipt of valid records. If problems arise requiring assessment, the time limit can be extended but not more than 75 days from the date of the valid profile. License denial cases, the post and telecommunications Ministry has the responsibility to answer in writing stating the reason for business licensing, please know.
3. Amendments, supplements the content; renew and revoke the licence.
Made under the provisions of paragraph 3, 4, 5 Article 39 of this Decree.
Item 4 licensing test network and telecommunication services Article 42. License object

1. telecommunications businesses would like to deliver new telecom service testing for public services has been specified in the licence was granted or the testing of new telecommunications services that use telecommunications resources.
2. The organs, organizations, enterprises want to test private telecommunications networks that use telecommunications resources.
43 things. The licensing procedure 1. Application for license.
Application for the license was established as 3 (1 is the original, the 2nd is a copy). Each record consists of: a) an application for permission to set up the test or trial services provided;
b) scheme set tests or trials offers network services, which clearly define: the purpose, extent, duration of the test; network configuration, type of service, the parties cooperate with the experiment (if any); tariff plan (if available); the frequency of inventory, please allow the test (if available); the terms and conditions to ensure that the interests of users if after the end of the time limit to provide testing services, business does not put into service officially provided;
c) telecommunications license copy (if any).
2. Processing time of records of postal and telecommunications Ministry to conduct evaluation and review the license or license denial within 30 days from receipt of valid records. The case refused to license, the post and telecommunications Ministry has the responsibility to answer in writing stating the reason for rejection for organs, organizations, enterprises for permission to know.
3. The extension of the trial period a) enterprises would like to extend the trial period to submit the application for renewal to the post and telecommunications Ministry 15 days before the date the license expires. Renewal application includes an application for extension of right reason request; copy testing is in effect;
b) postal and telecommunications Ministry evaluation and review renewals within 15 days from receipt of valid records. The case rejected the extension of the postal and telecommunications Ministry, has the responsibility to answer in writing stating the reason for rejection for organs, organizations, enterprises know;
c) renewal time or total time of renewal cannot exceed 1 year.
4. To end the test period, agency, organization, enterprises are responsible for summarizing, complete testing records and report the test results to the Ministry of posts and telecommunications.
5. After the time trial, agency, organization, enterprises want to experiment, please put a network or a service on the official permission to exploit the post and telecommunications Ministry. Permission procedure applies under the provisions of section 2 and section 3 chapter VI of this Decree.
6. Revocation of the license.
Network test license and the telecommunications service will be revoked in the following cases: a) If after the time limit of 6 months from the date of licensing, agency, organization, business license not yet implemented on the fact the activities recorded in the licence without reasons. Agencies, organizations, business has been revoked the license to want to please the license must complete the procedure as permission, new cases;
b) dealt with violations of telecommunications according to the legal provisions are measures to revoke the licence.
Section 5 licensed private telecommunications networks Article 44. License conditions the Agency, organization, enterprises want to establish private telecommunications networks must ensure the following conditions: 1. The setting up of private telecommunications networks just to ensure communications for network members, not for business purposes and guaranteed profit.
2. technical services, guarantee safety, security for private telecommunications network.
Article 45. The licensing procedure 1. Application for license.
Application of license: application for licensed private telecommunications network established as 3 (1 is the original, the 2nd is a copy). Each record consists of: a) an application for licensed private telecommunications network. The text of the proposal of the Ministry of Foreign Affairs for diplomatic representations, consulates and representative offices of international organizations in Vietnam are entitled to the privileges, immunities, foreign consuls;
b) decide to establish, or permit the operation of the Agency, organization, or business registration certificate of the enterprise asking for permission;
c) operating conditions or legal text regulating the common organizational structure or form links, joint activities between the members (if any);
d) project to set up the network, which stated: the purpose of setting up the network; the network configuration; category of equipment; to use the service; members of the network (if available); operating range; the technology used; the frequency, code number, please use (if any).
2. Processing time profile.
The post and telecommunications Ministry to conduct evaluation and review the license or license denial within 30 days from receipt of valid records. The case refused to license, the post and telecommunications Ministry has the responsibility to answer in writing stating the reasons for refusal, the Agency asked businesses to know. Case the issue arises that requires verification, the licensing period may be extended but not so 45 days from receipt of valid records.
3. Amendments, supplements the content license.
a) organs, organizations, enterprises are licensed would like to modify, complement the network configuration, type of service, the scope of activities of the network have to send additional amendments to the Ministry of post and telecommunications;
b) application for additional amendments include: application for amendments and supplements; a detailed description of the intended amendments and supplements; other documents related to the amendments and supplements; a copy of the license in effect;
c) postal and telecommunications Ministry evaluation and licensing review or deny the license amendments and supplements within 15 days from receipt of valid records. The case refused to license additional amendments, the post and telecommunications Ministry has the responsibility to answer in writing stating the reason for rejection for organs, organizations, enterprises for permission to know.
4. Renewal of the license.
a) organs, organizations, enterprises are licensed like to extend the license renewal application must submit to the Ministry of post and telecommunications, 15 days before the date of expiry of the licence;
b) application for renewal of limited application, including a copy of the license in effect;
c) postal and telecommunications Ministry evaluation and review renewals within 10 days from receipt of valid records. The case rejected the extension of the postal and telecommunications Ministry, has the responsibility to answer in writing stating the reason for the organs, organizations, enterprises applying to know;
d) renewal time or total time of renewal cannot exceed 1 year.
5. Revocation of the license.
License to set up private telecommunications networks will be revoked in the following cases: a) If after the time limit of 1 year from the date of licensing, agency, organization, business license not yet implemented on the fact the activities recorded in the licence without reasons. Agencies, organizations, business has been revoked the license to want to please the license must complete the procedure as permission, new cases;
b) dealt with administrative violations in the field of telecommunications under the regulations are measures to revoke the licence.
Item 6 licensed installation of telecommunications cables in the exclusive economic zone, the continental shelf of Vietnam Article 46. Licensing conditions 1. Committed to compliance with the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined.
2. Commit to comply with the supervision of the competent authority and the Vietnam bear all costs for this activity.
Article 47. The licensing procedure 1. Application for licensing: the licensing application for installation of telecommunications cables in the exclusive economic zone, the continental shelf of Vietnam is established 5 (1 original and 4 copies). Each profile includes:

a) application allows installation of telecommunication cables in the exclusive economic zone, the continental shelf of Vietnam;
b) project to install telecommunications cables in the exclusive economic zone, the continental shelf of Vietnam includes the following content: nature, objective and scope of cable glands, especially issues related to survey the sea and undersea activities;
Technical design and geographical location, the exact coordinates telecommunications cable please installation;
Construction organization projects and ensure security, the marine environment.
2. Processing time of records a) postal and telecommunications Ministry receiving record and send to the ministries concerned consulted before granting the license;
b) postal and telecommunications Ministry made the license within a period of 90 days from the date of the valid profile. The case refused to license, the post and telecommunications Ministry has the responsibility to answer in writing stating the reason for rejection for know;
c) pursuant to the license granted, the post and telecommunications Ministry in coordination with the Ministry of public security, the Ministry of defence made allowing for boat surveying activities, construction, maintenance, maintenance and repair of telecommunication cable glands in the exclusive economic zone, the continental shelf of Vietnam under license and according to the provisions of the law.
3. Amendments, supplements the content license.
a) during the time of validity of the licence, if the licensed organization wants to amend and supplement the license content to send amended, additional license to the Ministry of post and telecommunications;
b) application for additional amendments include: application to amend and supplement the license content; a copy of the license in effect; the report describes in detail the additional content, edits and other relevant documents;
c) postal and telecommunications Ministry evaluation and review additional license, modified within a period of 60 days from receipt of valid records. The case refused to grant additional licenses, amendments, the Ministry of post and telecommunications is responsible for replying in writing stating the reasons for applying the additional license to modify, to know.
4. Renewal of the license.
a licensed organization) would like to extend the license renewal application must submit to the Ministry of post and telecommunication, 90 days before the date of expiry of the licence. Application for renewal are: application for renewal of a licence; a copy of the license in effect;
b) postal and telecommunications Ministry evaluation and review renewals of licenses within a period of 90 days from the date of the valid profile;
c) case refused to renew the license, the post and telecommunications Ministry has the responsibility to answer in writing stating the reason for the applicant to know;
d) license renewed just once and the time extension does not exceed 1 year.
5. Revocation of the license.
The license installation of telecommunications cables in the exclusive economic zone, the continental shelf of Vietnam will be revoked in case the Organization dealt with violations of telecommunications according to the legal provisions are measures to revoke the licence.
Chapter VII provides public telecommunications services Article 48. Public telecommunications services 1. Public telecommunications services including telecommunications services and telecommunications services required, telecommunications services are essential to society, the State guarantees provided according to quality and pricing by the competent State Agency regulations.
2. on the basis of the development of telecommunications, the Internet, postal and telecommunications Ministry is responsible for: a) construction program provides public telecommunications services the Prime Minister for approval;
b) regulations, specific instructions about navigation, object and scope to provide public telecommunications services;
c) build and implementation plan to provide public telecommunications services.
3. The management authority of the State concerned based on the functions, duties and powers of himself is responsible, in coordination with the Ministry of post and telecommunications, made the program, plans to provide public telecommunications services.
Article 49. Financial mechanisms to support implementation provides public telecommunications services 1. State support for businesses that make providing public telecommunications services through: a) the connection Charges;
b) public telecom service Fund Vietnam.
2. public telecom service Fund Vietnam's State financial institutions, subordinated to the Ministry of posts and telecommunications, the operation fails because the profit target.
3. Sources of formation of public telecoms services Fund to Vietnam include: a) the contribution of enterprise telecommunications: the contributions required for the telecommunications business to fund Vietnam public telecommunications services are accounted into the costs of manufacturing and trading businesses. The prime mechanism for specifying the contribution of telecommunications enterprises;
b) State budget support capital and capital made the delivery of government programs;
c) official development assistance and the donations of organizations and individuals in and outside the country;
d) other capital sources are mobilized under the provisions of the law.
4. The Prime Minister decided on the Organization and operation of public telecoms services Fund Vietnam.
Article 50. The rights and obligations of the telecommunications business is done to provide public telecommunications services 1. Equal implementation of programs and projects to provide public telecommunications services by the State under the provisions of the law.
2. the full implementation, timely financial contributions to fund public telecommunications services according to the regulations.
3. Coordinate and create favorable conditions for other telecommunications businesses implement the program, the project on providing public telecommunications services under the provisions of the State Administration about telecommunications.
4. Comply with the provisions of the State on the provision of public telecommunications services.
Chapter VIII standard, quality telecommunications Article 51. Standard system, quality telecommunications 1. The system of quality standards in telecommunications include mandatory standards applicable and the voluntary standards applicable to the equipment, network, networking, telecommunications and services.
2. compulsory standards apply include: industry standards (BC), the Vietnam standards (ISO), the international standard by Ministry of posts and telecommunications announced mandatory applies.
3. voluntary standards applied by organizations and individuals announced voluntarily apply.
4. Postal and telecommunications Ministry regulates the creation, promulgation and application of the quality standards in telecommunications.
Article 52. Quality management of telecommunication equipment 1. The quality of telecommunication equipment is managed through appropriate certification standards on the basis of the standards required by the applicable postal and telecommunications Ministry announced or by organizations, individuals voluntarily applied in accordance with the provisions of the law.
2. mutual recognition of certification of conformity to standards for telecommunications equipment between Vietnam with foreign and international organizations made under treaties to which Vietnam signed or joined. The Ministry of posts and telecommunications is the representative body of Vietnam participated in the agreement on mutual recognition of certification of conformity to standards in the field of telecommunications.
3. The Ministry of post and telecommunications regulation and announced the list of telecommunication equipment, domestic production, imports are required to certified standards before being allowed to circulate on the market of Vietnam or connected to the public telecommunications network.
4. Encourage organizations and individuals voluntarily certified standards for telecommunications equipment not included in the list referred to in paragraph 3 of this article.
5. Telecommunications equipment in the water circulation and imports must comply with regulations on labeling of goods and the other provisions of the law.

6. Postal and telecommunications Ministry detailing the content, form and quality management procedures for telecommunications equipment.
Article 53. Quality management services, telecommunications network 1. The quality of service, telecom network is managed through forms of quality on the basis of the standards required by the applicable postal and telecommunications Ministry announced or telecommunications businesses voluntarily applied in accordance with the provisions of the law.
2. Postal and telecommunications Ministry regulations listing service, telecommunications networks required for quality management, the standard required to apply.
3. for the services, telecommunications network in the category quality management required, telecommunications business to publish quality standards not contrary to mandatory standards applied by the Ministry of posts and telecommunications regulation and report the post and telecommunications Ministry about the fact the prescribed quality. With respect to the services, telecommunications network is outside the categories listed in paragraph 3 of this article, the telecommunications business to build and publish quality standards apply.
4. Encourage organizations, individuals, businesses voluntarily apply the quality management system. The telecom business is responsible for the quality standard of publication; maintain the quality standards of publication; the internal network servers resonable cost connected with himself, his Telecom agents in ensuring quality of service, telecom network has announced.
5. Postal and telecommunications Ministry issued regulations on the management of quality of service, network telecommunications, test and process the infringement on the quality of the service, the telecommunications network.
Article 54. Construction quality management of telecommunications 1. Telecommunication quality is managed through forms of quality control on the basis of the mandatory standards applied by the State agency or by the telecommunications business to voluntarily apply in accordance with the provisions of the law.
2. Postal and telecommunications Ministry regulations listing the works required telecommunications quality control before putting into use, exploitation.
3. Postal and telecommunications Ministry issued management regulations, quality check and handle breach of the telecommunications quality.
Article 55. Quality test 1. The Ministry of posts and telecommunications issued the regulations on the management of measuring telecommunications service quality management aims to build and develop telecommunications test agencies, coordinate and link the measuring capabilities of the facility.
2. mutual recognition of test results between Vietnam telecommunications with foreign and international organizations made under international treaties to which Vietnam signed or joined. The Ministry of posts and telecommunications is the representative body of Vietnam participated in the agreement on mutual recognition of results of testing of telecommunications and is the only agency in the framework of this agreement.
Chapter IX telecommunication rates Article 56. Management principles of State rates 1. The State respects the right to plan pricing, and competitive prices in accordance with the law of the telecommunications business, encourage businesses improve efficiency reduces service providers, reduce the tariffs to raise the level of social services and the competitiveness of the economy.
2. State the use of the necessary measures to stabilize prices, ensuring no discrimination regarding tariffs, protect the legitimate rights and interests of the user services, business telecommunications service provider and of the State.
Article 57. The fixed-rate base 1. Telecommunications services rates are determined on the basis of the cost of production of the product, service, supply and demand relations of the market.
2. for the services provided by the designated State tariffs, service charges also are prescribed pursuant to the policy of economic and social development and the national telecommunications development in each period and reasonable correlation with the prices of telecommunication services in the region and the world.
Article 58. The duty and authority to manage prices 1. Prime: a) issued the policy, management of telecommunication service rates;
b) decision telecommunication services rates as important impact on many sectors and to the economic and social development.
2. The Ministry of post and telecommunications: a) decision telecommunication service rates in the public interest (except the Prime service decision);
b) decision telecommunication services tariffs influenced the telecommunication market, applicable to the use of telecommunication business accounting market share control;
c) decide the tariffs connect between the telecommunications business;
d) regulates the management of tariffs between the business telecommunications service provider;
DD) guide the business Telecom regulations, the State's decision on the management of telecommunications service rates.
3. telecom business: a) accounting costs, determine the cost of telecommunications services;
b) specified the tariffs for the telecommunication services, in addition to listing State regulation in accordance with the regulations on the management of tariffs by the competent State agencies;
c) make the rules, the decision of the State administration organs competent for the management of telecommunications service rates.
Chapter X, Article 59 disputes. Disputes between parties and provide telecommunications service users 1. The resolution of the dispute between the parties and provide the users of telecommunication services are made through negotiation between the parties. If there is no agreement in the contract offer and use of telecommunications services, the time of dispute resolution are specified as follows: a) Of tariff is 12 months from the date of the notice or invoice first rate or from the date of the payment of service charges;
b) About quality of service and the other offense is 12 months from the date of use of the services or breach occurs.
2. In the case between the parties do not reach agreement through negotiation, the parties may request the competent State agencies resolve disputes in accordance with the law.
Article 60. The trade agreement, disputes between the telecommunications business of connecting 1. Telecommunications businesses have the right to request the Ministry of post and telecommunications dispute resolution related to connecting the public telecommunications network.
2. Postal and telecommunications Ministry review, decided to proceed to resolve the dispute within 30 days from the date of receiving the written recommendation of the dispute resolution business. The case does not proceed to dispute resolution, the post and telecommunications Ministry has the responsibility to respond in writing, stating the reason for the business to know.
3. The settlement of disputes was conducted according to the following sequence: a) postal and telecommunications Ministry held trade association between the parties. Consultative period between the parties must not exceed 60 days from the date of the post and telecommunications Ministry decided to proceed with dispute resolution;
b) If following the trade, the parties did not reach agreement, the Ministry of post and telecommunications will make the decision to resolve the dispute within 30 days from the end of the trade association. After the Ministry of posts and telecommunications to make decisions to resolve the dispute: the two sides dispute must enforce the decision to resolve the dispute;

The business case does not agree with the decision of the dispute resolution, post, telecommunications, the business can continue to request dispute resolution or sue to court to be resolved under the rule of law. During the continued dispute resolution request or sue to court the two sides still have to continue to accept the decision of the dispute resolution, post, and telecommunications.
Chapter XI inspected, tested, processed, breach of article 61. Inspection, checking every organization, personal Vietnam and foreign countries have activities related to the field of telecommunications in Vietnam are both subject to the inspection, the Inspector's inspection specialist of postal, telecommunications, information technology and of the competent State agencies as prescribed by law.
Article 62. Handle violation of organizations, individuals and Vietnam have foreign law violations in the field of telecommunications are sanctioned administrative offense and processed according to the provisions of the current law.
Chapter XII provisions enforcing Article 63. The Organization made the post and telecommunications Ministry has the responsibility to enact detailed regulations and guide the implementation of this Decree.
Article 64. Effective enforcement of this Decree takes effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.
Article 65. Terms of execution of the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.