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The Decision 217/2003/qd-Ttg Dated: Management Of The Postal Service Rates, Telecom

Original Language Title: Quyết định 217/2003/QĐ-TTg: Về quản lý giá cước dịch vụ bưu chính, viễn thông

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The DECISION by the PRIME MINISTER on the management of the postal service rates, telecommunications _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Postal Ordinance base, telecomunication on 25 May 2002;
The base price of the Ordinance on 26 April 2002;
According to the recommendation of the Minister of posts and telecommunications, the DECISION: article 1. The scope and subjects of application 1. This decision applies to organizations, individuals and organizations, foreign individuals in Vietnam combat service provided and use the postal service, mail delivery service and the telecommunications services in Vietnam (hereinafter the postal and telecommunications businesses and users).
2. This decision regulates the management of tariffs of postal services, mail delivery service and the telecommunications services include: pricing, postal services, telecommunications and mail delivery in the country apply to users (hereinafter the service charges applicable to the user);
The tariffs of postal services, telecommunications and mail delivery in the country apply to businesses that buy, postal and telecommunications services from other enterprises to undertake activities to provide services to users (hereinafter the service charges applicable to postal enterprises , telecommunications).
Article 2. Pricing management guidelines 1. The State respects the right to plan pricing, and competitive pricing of the postal and telecommunications business under the provisions of the law.
2. State the use of the necessary measures to stabilize prices, protect the legitimate rights and interests of the users of the service, the postal and telecommunications business and the interests of the State.
3. implementation of equality in the provision and use of postal services, telecommunications; create conditions for the postal and telecommunications business development luới network services in rural areas, border regions, Islands.
Article 3. The base tariff provisions 1. Specified base service charges applicable to the user: a) the postal service rates, Telecom built consistent with the policy of socio-economic development and the goal post and telecommunications development in each period; the international treaties to which Vietnam signed or joined.
b) postal service rates, Telecom is determined on the basis of the manufacturing costs of products and services, relationships of supply and demand on the market and reasonable correlation with the level of rates in the region and the world.
c) postal service rates, telecommunications in the country is regulated by Vietnam Dong (VND). Postal service rates, mail delivery services, international telecommunications services are regulated in foreign currency have the ability to convert; are currency in foreign currency or in Vietnam average transaction rate on the inter-bank foreign currency market by the State Bank of Vietnam announced.
2. specified base service charges apply for the postal business, telecommunications: a) the connection between the rates in the telecommunications business are determined on the basis of: the cost of the connection;
Does not distinguish between the services, between the telecommunications business, between members of the telecommunications business and other telecommunications businesses;
Logically separated by the constituent parts of the network or the service;
A reasonable correlation with the connection rates of all countries in the region and the world;
The case has connected the tariffs including sections contribute to the provision of public telecommunications services, the extent of this contribution is regulated in a reasonable manner, to ensure equality.
b) negotiate rates international: formed on the basis of negotiations, an agreement between businesses are licensed to provide postal services, international telecommunications with foreign operators, ensure the sovereignty, national interests, and enterprise users.
c) service charges for lease of channels, general use infrastructure, agents and resell the service be formed consistent with policies to promote healthy competition, opening up markets and promoting internal force in each period.
Article 4. The duty and authority to manage prices 1. Prime: a) issued the policy, the management of postal service rates, Telecom.
b) decision service charges: regular mail in water has a mass of 20 grams;
Mobile phone subscribers and local telephone communications at the Subscriber.
2. The Minister of posts and telecommunications: a) after comments by Finance Ministry's text: The Prime: decision management of the postal service rates, telecommunications;
Option pricing of the services specified in point b of paragraph 1 article 4.
Decision: price of the public postal service, the postal service is reserved;
Telecommunication service rates in the public utility.
b) decided to mail delivery service rates.
c) decided the service charges applicable to the use of the business accounting market share control: long distance telephone services in the country (PSTN, IP);
The services of the mobile network for the different pay form (prepaid, postpaid);
Rental of international telecommunications channels, the Cabinet, the Cabinet, the seeds;
The Connect service and access to the Internet;
Inmarsat services.
d) rules: The postal service, telecommunications is not earning money;
The postal and telecommunications services in domestic and international service with the management of the postal network, and telecommunications.
rate decision) the connection between the telecommunications business.
e management) Regulations service charges for lease of channels, shared use of infrastructure, agents and sell between telecommunications businesses.
g) regulating tariff management international negotiations between the postal and telecommunications business with Vietnam post and telecommunications business overseas.
h) annual recurring, based on market realities and requirements of State management, publish specific category: business services and telecommunications constitute the control referred to in point c of paragraph 2 article 4;
The postal and telecommunications services (in addition to the services mentioned in point c of paragraph 2 article 4) by the Ministry of posts and telecommunications rates regulation.
I) guide the application of the conversion rates between the national currencies have the ability to convert and to Vietnam to collect money for the use of the services as provided by the State Bank of Vietnam.
k) construction method to guide the postal service rates, Telecom.
l) specified measures on anti-dumping, monopoly pricing, control in the field of telecommunications, under the provisions of the law.
m) guides the postal business, Telecom regulations, the State's rates decision about pricing, postal services and telecommunications.
n) Guide to the statistics report postal, telecommunications specialist for the postal and telecommunications businesses to serve the monitoring and management of service charges.
o) hosted, in cooperation with the Ministry of Finance shall guide the reporting, cost accounting, determined the price for the supply: the postal service, telecommunications public utility;
The telecommunications services market control section;
Postal services, telecommunications and others.
p) organizes, directs the Inspector, checked and processed by the authority with regard to the violations of the provisions of this decision and the regulation of postal charges, telecommunications of State administration authorities.
Article 5. The mission, to the jurisdiction of the postal and telecommunications enterprises 1. Postal and telecommunications enterprises specified tariff for the service: a) due to State regulation of the standard rates or frame rates.

b) Also list State regulation in accordance with the regulations on the management of tariffs by competent State bodies.
2. postal and telecommunications business has the task: a) building and the Ministry of posts and telecommunications service charges scheme provides tariff regulation by the State.
b) accounting costs, determine the cost of the postal service, telecommunications according to the regulations of the Ministry of post and telecommunications and the Ministry of finance.
c) made the prescribed reporting and notification of information related to postal service rates, Telecom for the postal and telecommunications Ministry and the Finance Ministry.
d) listed service charges apply for the use in the place where the transaction or provide the services in accordance with the law. The listing must be clear, accurate, and complete information in the form convenient for the user's access to the service.
DD) subject to check, control the prices of competent State agencies as prescribed by law.
Article 6. The rights and obligations of the user 1. The user has the right to: a) Are full, accurate information and is entitled to ask the postal and telecommunications business guide explains about the tariffs for the services provided by enterprises.
b) Was complaining to the postal and telecommunications business for the flaws of the tariffs, the flaws in the provision of postal services, telecommunications related to tariffs and make other rights prescribed by law.
2. The user is obliged to pay the tariffs according to the terms agreed upon in the contract and use of the service between the user and the enterprise when using postal services, telecommunications and other obligations made under the provisions of the law, article 7. Long, falling prices of telecommunications services in the special cases 1. The Prime Minister, the Minister of posts and telecommunications, according to the authority are entitled to reduced rates, free postal services, telecommunications in the following special case: a) serving the defense, security and other special political missions.
b) disaster, the enemy.
2. where necessary, if the exemption, reduction of tariffs for telecommunications, the postal service of the Prime Minister and the Minister of post and telecommunications, a major influence on production and business activities of enterprises, the Ministry of posts and telecommunications and the Ministry of finance coordinated review, proposed financial aid solutions for business.
Article 8. Terms of implementation 1. This decision has the effect after 15 days from the date The quote and replace decision No 99/1998/QD-TTg dated 26 May 1998 from the Prime Minister's management and postal charges, Telecom.
2. The Minister of posts and telecommunications, the Minister of finance is responsible for guiding the implementation of this decision.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this decision.