CIRCULAR guide implementation of Decree No. 109/1997/ND-CP on November 12, 1997 by the Government on postal and telecommunications and decision No 99/1998/QD-TTg dated 26/5/1998 of the Prime management and telecommunications _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 109/1997/ND-CP of the Government on 12/11/1997 on postal and telecommunications and decision No 99/1998/QD-TTg dated 26/05/1998 of the Prime management and postal charges, telecommunications; After exchanging United with Government pricing Committee, General Department of post Office Guide as follows: i. GENERAL PROVISIONS 1.1. Scope and subject to: 1.1.1. This circular guides the implementation of State management on prices and the cost of the postal and telecommunications services on the territory of Vietnam for the following objects:-enterprises providing postal services, telecommunications (hereinafter referred to as enterprise provided);
-Resale businesses postal services, telecommunications (hereinafter referred to as the resale business). Provides business and resale business here are referred to as enterprise;
-The agent of the postal service, telecommunications (hereinafter referred to as the Agency);
-The use of postal services, telecommunications (hereinafter referred to as user).
1.2. Principle of formation of prices and postal charges, telecommunications: 1.2.1. Formed on the basis of the cost of production of the products and services;
1.2.2. In accordance with the way, quality of service and payment ability of the user;
1.2.3. To encourage healthy competition, each step of the world and regional integration;
1.2.4. Have between the services, between the territories, between enterprises, meet the requirements of the postal sector development strategy in accordance with economic and social policy of the party and State; Create the conditions for businesses to offset the costs of production, has accrued and make obligations with the State budget;
1.2.5. the cost of the postal service, international telecommunications are built in accordance with the rules of the postal charges and telecommunications postal organisations, international and regional telecommunications which Vietnam joined the signing of multilateral or bilateral; consistent with the foreign economic policy of the party and State;
1.2.6. price and postal charges, telecommunications in the country is regulated by the Council of Vietnam. Price and postage charges, international telecommunications are specified in us dollars (USD), applicable to all organizations, individuals, and organizations, Vietnam individual foreigners operating in Vietnam; are currency in u.s. dollars or in Vietnam average transaction rate on the inter-bank foreign currency market by the State Bank of Vietnam announced.
II. The MISSION and the AUTHORITY ISSUED price, COST of the mission and the authority issued price, billing is done according to article 4 of decision 98/1998/QD-TTg dated May 26, 1998 by the Prime Minister on the management of prices and postal charges, telecommunications, General Department of post Office Guide and add some points such as the following : 2.1. The prime cost of the standard approval and authorization for domestic postal administration decided the standard charges of the services specified in item 1, article 4, of decision No 99/1998/QD-TTg dated 26/05/1998 of the Prime management and postal charges, telecommunications:-Basic Rate for domestic mail sent to 20 grams;
-The Telegraph, usually in the country;
-Cost of conversation minute domestic long distance (including fax, data transmission in the voice channel) in the average range.
2.2. The General Department of post office: 2.2.1. The decision framework and cost or price and the cost of the following services after the Exchange with the Government: dmp-specific decision services charges on the basis of standard service charges specified in point 2.1 above.
-Mobile phone subscribers;
-Local telephone (including conversation, fax, data communication in voice channel);
-Subscriber data communication packet switching;
-Installation of telephone, facsimile.
2.2.2. Rules: 2.2.2.1. Framing and cost or price and the cost of the service:-special service for airmail service authorities include the fire rate, timed.
-Study the products blind;
-Dimensional Messages go international;
-The Telegraph Telegraph Hydrometeorogical, personnel safety, International Telegraph service; the Telegraph newspaper in the country;
-Public telecommunications on the sea;
-Trunk Rental;
-Rental of telecommunication channel domestic and international long distance;
-Hire portal and installed direct Internet access subscription;
-Information packet switched data transmission;
-Phone international dimension (including conversation, fax, data communication in voice channel);
-Subscriber, network and mobile telephone marketing (including fax, data transmission in the voice channel);
-Install and indirect access Internet information;
-Nationwide Messaging.
2.2.2.2. The decision on the specific charges, rates or framing, billing, or delivery to the business to decide the price, for the new service charges when business is licensed to provide the service;
2.2.3. The regulation mechanism of the management reviews, cost the postal service, telecommunications for the Organization to be resold services under the provisions of the law.
2.3. Enterprise: 2.3.1. Based on the framework and guidance documents and the rate of the General Department of post office and Government pricing Committee, decide the specific charges and prices of the products, postal services, telecommunications; decision and implementation guide price and cost of postal services and telecommunications in addition to the category of State regulations.
2.3.2. Decides, for the cost of testing services in the time trials of the service.
III. building, the APPRAISAL price, COST 3.1. construction organization plan reviews, cost: 3.1.1. For the price, the standard service charges due to the Prime Minister for approval and the price, the cost of the service under the authority of DMP decisions the Government stipulated in items 2.1, 2.2 of this circular, the General Department of post construction organization plan standard service charges.
3.1.2. Construction business plans reviews and the postal and telecommunications services in the following cases:-When the cost of services, the supply and demand relationship of service fluctuate to the extent it is necessary to adjust the price, service charges;
-When the mechanisms of State management policy for the service changes affect price structures, cost of service;
-When are licensed to provide new services;
-When the postal administration require building plans reviews, new charges to consider adjusting rates, billing.
Responsible business organizations make the building and the General Directorate of the post office price, cost within 45 days of receiving the request to build the projects. For the price, the cost of complexity, construction time and the scheme not exceeding 90 days from the date the request was received business building plans of the postal administration.
3.2. Option price and cost of postal services and telecommunications must be built according to the principles of price formation and referred to in section 1.2 of this circular.
3.3. price approach record, brushes include: 3.3.1. The sheet option price and by the heads of businesses signed and stamped (for postal and telecommunications services under the authority of the State decisions);
3.3.2. Methodology reviews, service charges with the following text:-the situation of supply and use of services (Organization of production, provide a service, market demands) and the need to proceed to regulate or enact new price, service charges;
-Table service price calculation;
-Explanation of the calculation method, the basis of calculation, the cost factor of price formation, service charges;
-Pricing, cost of the same services in other countries in the region and in the world (if available);
-The table of comparative analysis with price, cost of related services;

-The proposal of the business on price, service charges, including suggestions on the operating mechanisms, management of service charges.
3.4. Evaluation methodology reviews, cost: 3.4.1. For the price, the standard service charges due to the Prime Minister for approval referred to in section 2.1 of this circular, the DMP approach evaluation Government reviews, cost the postal administration before the Prime Minister's decision.
3.4.2. for reviews and postal charges, telecommunications authority the decision of the Government, the DMP DMP Government evaluators and issuing price, cost of the proposal of the General Department of post office.
3.4.3. for reviews and postal charges and telecommunications postal administration by the decision as defined in point 2.2.1 of part II of this circular, the General Department of post exchange with DMP on Government reviews the expected charges, issued before officially issued.
3.4.4. for reviews and postal charges and telecommunications postal administration by the decision as defined in point 2.2.2 part II of this circular, the General Department of post office schemes appraisal organization, billing and issuing decisions.
3.4.5. for the price, the cost of the services under the jurisdiction of the business decisions, business heads are responsible for assessing and issuing price, cost of the service according to the terms of this circular.
3.5. Term Evaluation, issued Reviews, the postal administration's rate is 7 days from the date Of the postal Bureau record option price, regulated charges. For the price, the cost of complexity related to the activities of the various national economic sectors and people's lives needs to have more time to prepare, the postal administration to notify the business plan reviews, cost about the time limit should extended.
IV. 4.1 INTERNATIONAL NEGOTIATING RATES. The business provides postal Directorate business license of postal services, Telecom International was negotiating rights, negotiated rate agreements with foreign operators according to the principles and policies defined by the postal administration.
4.2. Cost of international negotiations include the following categories:-cost of the whole process of international accounting;
-Cost of international payments;
-Cost of the last international links;
-Cost of a ride for international traffic.
4.3. The principles in the negotiation, agreement on the cost of international negotiation: 4.3.1. Cost of international negotiations is based on the basis of the cost needed to provide the international service of Vietnam business and foreign operators;
4.3.2. the cost of negotiating international agreement under the principle of equality, voluntary;
4.3.3. negotiating international Charges agreement must conform to the regulations, the recommendations of the International Telecommunication Union (ITU), the Universal Postal Union (UPU) or regional organizations such as the Organization of telecommunications in Asia-Pacific (APT), the Universal Postal Union Asia-Pacific (APPU) that the postal administration has been through;
4.3.4. international negotiation Rate Agreement is consistent with the economic, social policy, foreign economic policy of the party and the State, in accordance with the text of the agreement, signed between the General Directorate of post office with the State administration of post and telecommunications of the countries involved (if any).
4.4. The business is responsible for promptly registered with the postal administration of the outcome negotiated rate agreements between international Vietnam business and foreign operators.
4.5. Cancellation of the validity of international agreements negotiated rates: 4.5.1. The postal administration to decide whether to cancel the effect of the agreement on the cost of international business negotiation when the rate agreement violated the regulations of the postal administration outlined in this circular.
4.5.2. responsible business deals, renegotiate international negotiating rates with foreign operators involved.
4.6. payment negotiated rates: 4.6.1. The enterprise performs the leg under the conditions negotiated by the parties to the agreement in the contract to provide the service;
4.6.2. Businesses are responsible for collecting the debt and the repayment of cost of international negotiation, exactly on time as required by law.
4.7. The six-monthly and annual, responsible business report Of the postal Bureau of the implementation cost of negotiation and payment situation between the postal operators, Telecom International.
V. 5.1 CONNECTION CHARGES. Connection charge is the amount that businesses require forward or end calls are charged for business made the transition or the end of that call. Connection charges are calculated according to the traffic moving through the connection points.
5.2. Connection Charges are formed according to the following principles: 5.2.1. In compliance with the regulations on price management, telecommunication of the State;
5.2.2. On the basis of the reasonable costs of the enterprises to make the connection;
5.2.3. Equality, non-discrimination, mutual benefit and cooperation between enterprises participating telecommunications connections;
5.2.4. Contribute to the implementation of the regulation between the services to support and encourage enterprises to strengthen and expand the provision of postal services, public telecommunications, postal services, telecommunications.
5.3. General Directorate of postal charges specific rules or frame connection charges and the payment of connection charges to the relevant business done.
VI. INVOICING and PAYMENT of the PRICE, the COST of 6.1. Billing and detailed prints: 6.1.1. Businesses have the responsibility to establish billing rates, service charges, timely accurate for users of postal services and telecommunications. The Bill by the enterprise must comply with the regulations of the Ministry of finance, invoice and voucher regimes;
6.1.2. Unless the person using the service request is not printed, for the billed monthly payment under the contract, the business has a responsibility to provide a free detailed stats in the same period in the Bill for people who use the service for the following services :-the conversation;
-Mobile conversation;
-The international conversation.
6.1.3. In addition to print detailed free according to the regulations in item 6.1.2 above, businesses are allowed to collect money from people who use the service to offset the cost of printing the detailed other services when required.
6.2. The rights and that of the parties in the payment price, cost of: 6.2.1. Rights and obligations of the business: 6.2.1.1. Business, the dealer is entitled to deal with the use of the forms, payment conditions, cost the postal and telecommunications services in accordance with the regulations of the law;
6.2.1.2. The enterprise has the right to ask the payment service user, full time the funds rate, due to the use of services by users;
6.2.1.3. The business is done from the Exchange American dollars (USD) to Council of Vietnam to collect postal charges, Telecom International as follows: monthly, public announcement with business objects using postal services, international telecommunications exchange rate between USD and Vietnam on the basis of the average transaction rate on the inter-bank foreign currency market by the State Vietnam announced on 25 of the month (if the day 25 is on holiday then take rates of the working day preceding that) to apply the currency for the next month. In the case, the relationship between Vietnam and USD rates increase or decrease on 5% in comparison with the announcement, the enterprise is allowed to change the level of the rates applied in accordance with the change of the average transaction rate on the inter-bank foreign currency market.

6.2.1.4. The enterprise has the right to ask people who use the services pay overdue interest on deferred to each user's computer due to an error on the total bid amount, the cost of paying users. Slow interest rate charged is applied according to the regulations of the State Bank of Vietnam;
6.2.1.5. The enterprise has the right to refuse, to pause or terminate the provision of services to the user according to the regulations of the General Directorate of post and according to the contractual agreements to provide services when people use slow payment by the fault of the user, or not paying the price including charges, overdue interest rate section. In that case the user must still be responsible for payment, interest rates, price portion overdue debt (if any) have not yet paid for the business;
6.2.1.6. The enterprise has the obligation to provide the service to ensure quality standards and regulations consistent with rates, agreed charges;
6.2.1.7. enterprises are obliged to guide explains about the tariffs and create conditions conducive to the use of the service made the payment obligation, his charges;
6.2.1.8. Businesses have a responsibility to resolve complaints about price and billing of the service users.
6.2.2. The rights and obligations of users: 6.2.2.1. The user has the right to guide and explain about the price, the cost for the services provided to business users;
6.2.2.2. The user is obliged to pay in full, on time, price money according to the charges the provisions of the law, of the total postal Bureau and according to the terms agreed in the contract signed with the service provider offering business services when using the postal service, telecommunications;
6.2.2.3. Users are responsible for payment for the enterprises providing services unpaid rates and interest incurred by the slow pay reviews, cost as defined in section 6.2.1.4 and 6.2.1.5 mentioned above;
6.2.2.4. Users have the right to complain to the business that offers postal services, telecommunications with respect to the errors in price and cost, the flaws in the provision of postal services, telecommunications, price-related charges. Pending business provides services to resolve a complaint, the user must still pay the full cost of the business.
6.3. The dealer has the right and obligation in the billing and payment of the price, the cost for business and for use under the terms of the contract signed between the agent and the agent business and according to the regulations of the law.
VII. registration, listing, and REPORTING the IMPLEMENTATION of price, COST of 7.1. Subscription price, cost of: 7.1.1. For the price, the cost of the services under the jurisdiction of the business decisions, businesses have a responsibility to send the registration price, cost of the General Department of post office after 15 days from the date issued business reviews, cost.
7.1.2. the registration records reviews, cost includes:-the decision to enact price, cost and guiding documents attached;
-Option price, service charges according to the content defined in section 3.3.2.
7.2. Prices, cost: 7.2.1. Businesses must implement the listing and publicize the price and cost of the postal service, telecommunications before price and cost effective enforcement;
7.2.2. The place where the transaction of the business offers, resale businesses, dealers, restaurant, hotels must price listing and public, accurate, clear, consistent with the content and quality of the service that you provide.
7.3. report the implementation cost, price: 7.3.1. Periodically six months and annual business report Of the Bureau of General Post Office the implementation rates, cost has been issued.
VIII. EXEMPTION, REBATE and 8.1. The principles of the long, steady: 8.1.1. The exemption, discounts, billing must be consistent with rules capable of performing business.
8.1.2. The exemption, discounts, cost of the business does not lead to dumping the service charges to unfair competition.
8.2. The exemption, rebate and postal charges, telecommunications serve the national defense, security and other special political missions, the General Post Office, the Prime Minister decided after exchanging comments with DMP Government and related fields.
8.3. The General Department of post Office regulations: 8.3.1. Allowance in the following cases:-the conversation call to the emergency services phone number: the police (113); fire (114); (115);
-Basic Charges and write the number of parcels, parcel and suicide martyrs relics packaging artist by the organizations, agencies, unions sent;
-Basic Charges and the types of special services charges (excluding postage) for the blind products;
-Basic Charges and service charges on mail planes notified the martyr's grave due to the Organization, the delegation can be sent. In addition to the dermatome "notification message martyr's grave";
-Cost of basic and special services charges for airmail parcels sent abroad for foreign prisoners and those detained during the war by the user directly or through the competent body;
-Use the postal and telecommunications services in the country to serve the management, administration, production and direction of business, postal and telecommunications (telecommunications, postal services);
-In other cases stipulated by the postal administration.
8.3.2. The level of discount, for special objects for each particular service;
8.3.3. The case, discounts, other charges as proposed by the business.
8.4. Enterprises perform the exemption, discounts and billing in the following cases: 8.4.1. According to the decision of the Prime Minister or of the General Department of post office about the exemption, rebate and the postal service, telecommunications are defined in the section 8.2 and 8.3 of this circular;
8.4.2. for these types of services by the State decide the price and cost, in addition to the exemption, discounts, excess baggage as defined in section 8.2 and 8.3 of the present circular, initiative business rules the discount rate has a time limit, for the purposes of humanitarian, charity, serve special events , holidays, new year; reduced levels must not exceed 15% in comparison with the price, the cost was specified. If the time limit for this reduction lasts more than 10 days, reducing the tariffs have to be agreed by the General Department of post office. When the decision to the discount rate, the business report Of the postal Bureau;
8.4.3. for the services provided by businesses and price decisions, businesses are empowered to actively regulate the discount rate, according to the principles specified in section 8.1 of this circular.
IX. COST CONTROL, inspection, CHECKING on PRICES 9.1. Cost control: 9.1.1. The postal administration or organization chaired the Organization, the coordination of the DMP Government control of enterprise production cost in the following cases:-the business is not done properly the State's regulations on building and postal charges, telecommunications;
-Business signs using world exclusive, exclusive Union increases, lower price and cost to unhealthy competition, which could affect the rights of other business, the consumers and the interests of the State;
-When the proposed price changes, or when have propose to change or enact new charge, price of the business;
-When complaints of users or of other businesses (if necessary).
9.1.2. Based on the results of cost control, if the business had discovered violations Of postal Bureau can:-request or coordination with other State agencies to handle violation as required by law;
-Issued price, new charges for services under the authority of the decision Of the postal Bureau.

-Business requirements change the price, cost of business by promulgation if under the control of the enterprise;
9.2. Inspection, checking on prices, cost: 9.2.1. The postal administration to conduct the inspection, checking on prices, billing for business according to the following:-management mode, registration and issuing price, cost of the business;
-Charging device and charging for programming of the business;
-The implementation of the regulations of the General Directorate of post about charging, billing, and collection of detailed billing;
-The resolution of complaints about price and the cost of the user and of the other enterprise;
-The implementation of the regulation on listing price, cost.
9.2.2. The enterprise is responsible for:-regular inspection organization, guide, checking in the Member units and base units on the implementation of the management reviews, cost;
-Provide complete, accurate data and create favorable conditions for the postal administration and the administered State Agency jurisdiction when conducting inspections, checked on price and cost in the business.
9.2.3. The organized or co-organized the inspection, test, handle violations of postal charges and telecommunications are made according to the regulations of the State.
X. COMPLAINTS and COMPLAINTS ABOUT price, COST of 10.1. The content of the complaints about price and billing: 10.1.1. The user has the right to complain to the enterprises by the content defined in section 6.2.2.4 of this circular. The first complaint of users must be sent to the business being to resolve the complaint;
10.1.2. The enterprise has the right to complain to other businesses on the prices, charges apply and about the payment price, cost under the regulations of the General Directorate of post and under the condition that the parties agreed in the contract.
10.2. Time limits complaints: 10.2.1. Time limits complaints by users: 10.2.1.1. With respect to the errors in price, service charges when users use the service at the post offices, business transaction, time limits for user complaints is 1 month from the date of use of the service;
10.2.1.2. With respect to the errors in price, the cost due to the user to use the service through a contract signed between the service providers and enterprise users, time limits complaints is 1 month from the date of the person using the service of the notice of payment of the fees.
10.2.2. Time limits complaints by businesses providing postal services, telecommunications, the business of resale of telecommunication, postal service is 1 month from the date stipulated for payment of the fees.
10.3. The time limit for complaint resolution: 10.3.1. Time limit complaints of users: 10.3.1.1. Businesses have the responsibility to resolve complaints by users and inform the user the results of this settlement within 2 months for the postal and telecommunications services in the country and 3 months for the postal services, international telecommunications since the date of the complaint;
10.3.1.2. If the complainant does not agree with the complaints of the business shall within 30 days from the date of the notice of appeal resolution results, the complainant has the right to submit a complaint to the superior management of the unit has resolved the complaint to be resolved. The time limit for settling the complaints of users is 2 months from the date of the complaint;
10.3.1.3. If the enterprise has decided to settle a complaint that the complainant found not yet satisfactorily, then within 30 days from the date of the notice of appeal resolution results, the user has the right to suggest a postal administration or economic tribunals or civilian courts settle review according to the regulations of the law.
10.3.2. The time limit for complaint resolution of business provides postal services, telecommunications, business and sold the postal service, telecommunications: 10.3.2.1. Businesses complained of has the responsibility to resolve complaints of the business complaints within 2 months for the postal and telecommunications services in the country and 3 months for the postal services, international telecommunications since the date of the complaint;
10.3.2.2. If the business enterprise to see complaints were complaints complaints not satisfactorily, then within 30 days from the date of the notice of appeal resolution results, have the right to suggest a postal administration or economic courts consider resolve according to the regulations of the law.
XI. IMPLEMENTATION and EFFECTIVE ENFORCEMENT of 11.1. The objects in the scope apply strictly to the full observance of the provisions of this circular. Any breach of the provisions of this circular will be dealt with according to the provisions of the law.
11.2. This circular have the effect after 15 days from the date of signing. The previous provisions contrary to this circular are repealed.
11.3. in the implementation process, if there are obstacles to timely reflect the proposal what about postal administration to study the resolution.