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Circular No. 04/1998/tt-Tcbđ: Guidelines For Implementing Decree 109/1997/nd-Cp Of The Government On The Network And Telecommunication Services

Original Language Title: Thông tư 04/1998/TT-TCBĐ: Hướng dẫn thi hành Nghị định 109/1997/NĐ-CP của Chính phủ về mạng lưới và dịch vụ viễn thông

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CIRCULAR guiding the implementation decree 109/1997-ND-CP by the Government on telecommunications services and networks on 12/11/1997, the Government issued Decree No. 109/1997-ND-CP on postal and telecommunications. The General Department of post Office Guide to the implementation of the regulations on telecommunications services and networks in this Decree as follows: i. REGULATION 1.1. Scope and subject to this circular guides implementation of the regulation on the setting, network management and supply, using communications services for the following objects: 1.1.1. Business telecommunications service providers, including businesses provide basic telecommunications services;
The business provides value added services.
Businesses provide basic telecommunications services business divisions providing basic telecommunications services category I and businesses provide basic telecommunications services in category II.
1.1.2. the resale business telecommunications services.
1.1.3. the telecommunication service agent.
1.1.4. specialized telecommunications network Owners.
1.1.5. the telecommunications services users.
1.2. Terminology in this circular is understood as follows: 1.2.1. "Enterprise provides basic telecommunications services category I" is sales of State enterprises are the Prime decided to set up or allow the establishment and the General Department of post office licensed the system national telecommunications backbone to provide telecommunications services.
1.2.2. "businesses provide basic telecommunications services category II" is the State-owned enterprises or joint-stock companies in which the State seized the shares dominated or special stock, was the Prime Minister decided to set up or allow the establishment and the General Department of post office licensed public telecommunication networks (except the backbone system Telecom) to provide telecommunications services.
1.2.3. "the business offers value added services" is the State-owned enterprises or joint-stock companies in which the State seized the shares dominated or special stock, is the total postal Bureau licensed computer network systems, electronics, and information technology to provide value added services via the public telecommunications network 1.2.4. "Sell telecommunications business" is a business established by law in Vietnam the economic component (except the 100% foreign company established under the law on foreign investment in Vietnam), was the General Department of post office licensed resale telecommunications services on the basis of purchasing directly from the business stated in point 1.2.2 1.2.3 above, to sell it back to the user.
1.2.5. "telecommunications services agent" is the Organization and Vietnam citizens, foreign citizens and organizations legal activities on the territory of Vietnam represents the enterprises referred to in point 1.2.2, 1.2.3 and 1.2.4 comes on in providing telecommunications services to service users on the basis of the contract signed between the dealers side.
1.2.6. "specialized telecommunications networks" (hereinafter the master private telecommunications networks) are the agencies, organizations, enterprises and institutions, Vietnam foreign organizations legal activities on the territory of Vietnam are the General Department of post office licensed private telecommunications network to provide internal communications to members of the Agency , the Organization, the business.
The membership is determined by the operating conditions, legal regulations organizational structure of enterprise organization, Agency for permission or other legal provisions concerned.
1.2.7. "users of telecommunications services" is the personal organizer, Vietnam and foreign countries use telecommunications services by the provider of the telecommunications service provider.
1.2.8. "public telecommunications network" means the network of telecommunications by the enterprises of telecommunication service providers set up to provide telecommunications services, to include:-the system of national telecommunications backbone;
-Telecommunications network interior province, local, mobile and other services network;
-Terminal system.
1.2.9. "backbone system Telecom nation" is a part of the public telecommunications network, including the transmission circuit and communication systems to handle and transmit the information relating to traffic, to and from the international telecommunications network interior province, local, mobile and other services network.
1.2.10. "specialized telecommunications networks" (hereafter referred to as the telecommunications network used separately) is the network of private telecommunications networks set up to provide internal communications for the members of the network, including two or more telecommunications devices are connected with each other by the transmission line due to network or build rental home , which must have at least two devices and a transmission line on the territory of Vietnam.
According to the transmission method used to set up the network, telecommunications network using private networks divisions own and private use networks.
According to the operating range of the network, telecommunications network using private networks divisions own nationwide private network, contact area and private network area.
1.2.11. "Private Network" is the private network is established according to the method of wireless transmission (satellite radio, viba. etc.).
1.2.12. "private use Wired Network" is the private network is established according to the method of transmission via cable (optical cable, cable etc).
1.2.13. "telecommunications device" is a device used on telecommunications networks, including network devices and terminals.

1.2.14. "network devices" are devices switches and transmission used on telecommunications networks, including the hardware and software of the device.
1.2.15. "terminal equipment" means equipment that is used to start or end the transmission of the information in the form of symbols, signals, data, text, sound, images via telecommunication networks without changing the type or content of information, including (but not limited to) fixed equipment and mobility , telex machines, facsimile machines, pagers, internal PBX switchboard, modem, computer, multimedia equipment.
1.2.16. "Charter Terminal" is the terminal equipment be installed at the address or register as the address of the user.
1.2.17. "public terminal" is the terminal equipment be installed at the point of service.
1.2.18. "basic telecommunications service" tv service is putting people's information to immediate use as symbols, signals, data, text, sound, images without changing the type or content of the information sent and received via the public telecommunications network.
1.2.19. "value added service" is a service that adds value to the user's information by improving the type or content of information, or provides the ability to archive, restore the information available through the use of the public telecommunications network.
1.2.20. "connection to the public telecommunications network" is the implementation of the technical and commercial deals to networking of business telecommunications service provider, through which people use the services of this business are accessible to users and services of other businesses and vice versa.
1.2.21. "national plan" is written by a postal administration issued to mandate the full and uniform code, contact for the network and telecommunication services.
II.-the RIGHTS and OBLIGATIONS of the PARTIES in PROVIDING and USING A TELECOMMUNICATIONS SERVICES. RIGHTS and OBLIGATIONS of the BUSINESS OFFERING TELECOM SERVICES 2.1. 2.1.1 rights. The right of businesses to provide basic telecommunication services category I: set system management, national telecommunications backbone;
Provide capacity and rental services of telecommunication traffic international and intercity under license;
Permission to provide basic telecommunications services and value-added services;
Please allow tapping domestic and international long distance.
2.1.2. The right of businesses to provide basic telecom services in category II: setting, management of public telecoms network (except the backbone system Telecom country);
Provide basic telecommunications services under the provisions of the license;
Permission to provide value added services;
Please allow tapping domestic and international long distance;
The rental amount and flow in the system of national telecommunications backbone to connect your network and connect to a network of other businesses.
2.1.3. The right of businesses to provide value-added services set, computer network management, electronic devices, systems and information technology to provide value added services in accordance with the permit;
Intercity channels, the rental, of local businesses that provide basic telecommunications services to connect their equipment and systems to provide value added services pursuant to the license.
2.1.4. The business telecommunications service providers also have the following rights: Selling service for the Danish service is a postal administration allow provided through resale businesses;
The contract agents for the service is a postal administration allow offers through agents;
Refusal to provide services for the user if the user violates the law;
Cooperation with foreign countries according to the content and the form of Government decisions by the Prime Minister and under the guidance of the postal administration to develop the network and telecommunication services.
2.2. Duty to 2.2.1. Contribution to public service in order to develop the network and telecommunication, postal services in the country, including the remote areas;
2.2.2. building public telecommunications network under planning be a postal administration or other competent State bodies for approval;
2.2.3. Construction of public telecoms networks under the Vietnam standards and international standards by the postal administration issued or published required apply;
2.2.4. Using the correct, effective, saving telecommunication resources (number, frequency ...) are granted;
2.2.5. the observance of the provisions of the General Department of post office network connection;
2.2.6. the observance of the provisions of the General Department of post office about the offer, resell and service agents;
2.2.7. To comply the standards of service quality by the General Department of post Office regulations and quality standards in the voluntary service that business registered with the postal administration;
2.2.8. the observance of the regulations on tariffs of postal administration and the Government's (decision 99/1998/QD-TTg dated 26/05/1998 of the Prime management and postal charges, telecommunications);
2.2.9. Refund charges collected under the provisions of section VI of this circular for the use of the service if his fault that the business does not guarantee the quality or just spend time in providing the service;

2.2.10. Build and postal administration report annual plan on ensuring communications happens in case of natural disasters, storms, floods; list building and governing the information equipment redundancy serve the prevention of natural disasters, storms, floods to in case of emergency can mobilize deployment of serving was right;
2.2.11. In coordination with the competent State organs to handle cases of breaking the law in setting up, network management and provisioning, to use the service;
2.2.12. Subject to the Ombudsman, the postal Bureau's examination and the competent State agencies in setting, network management and service providers.
B. RIGHTS And OBLIGATIONS Of The BUSINESS Of RESALE Of TELECOMMUNICATION SERVICES.
2.3. Power 2.3.1. Buy direct telecommunication services in the category of services sold is regulated postal administration from the business telecommunications service provider in the form of rent or buy traffic capacity through the service purchase contract signed with the service provider business telecommunications;
2.3.2. Resale of telecommunications services that I buy for the user in the scope of supply of the service specified in the license through a contract signed with service à users;
2.3.3. Supply, installation and development of Subscriber terminals for users within the scope of provided services are specified in the licence;
2.3.4. The contract agents for the telecommunications service is a Postal Administration allow offers through agents.
2.4. obligations 2.4 1. Provide the services according to the type and scope of provided services specified in the licence;
2.4.2. To comply the standards of service quality by the General Directorate of post Office regulations and quality standards in the voluntary service that business registered with the postal administration;
2.4.3. In compliance with the frame-rate purchase and resale of the service due to postal regulations administration;
2.4.4. Paid Service enough and buy time for the business to provide telecommunications services under the terms specified in the contract;
2.4.5. Billed Flexi for users signed a contract with yourself;
2,4, 6, refund the charges collected under the provisions of section VI of this circular for the use of the service if his fault that business does not guarantee the quality or just spend time in providing the service;
2.4.7. The instructions on the business of providing telecommunications services signed a contract for the sale of his service;
2.4.8. In coordination with the competent State organs to handle cases of violating the law in providing and using the services;
2.4.9. Subject to inspection, inspection of the General Department of post office and State agencies have the authority in providing the service.
 
C. RIGHTS and OBLIGATIONS of TELECOMMUNICATIONS SERVICE AGENT 2.5. 2.5.1 rights. Option and signed with agent enterprises offers business and resale of telecommunications services;
2.5.2. The delivery agents provide information and other necessary conditions for performing the contract agent;
2.5.3. Brokerage Commission agents.
2.6. The obligation of 2.6.1. Provide the right kind of service outlined in the signed agent contracts with enterprises offers business and resale of telecommunications services;
2.6.2. the telecommunications service provider for the user in accordance with the amount of service and tariffs which the party delivered the agents applied to users;
2.6.3. the trade name, the name of the agent delivered at the party providing the service;
2.6.4. Paid enough and on time for the parties to a transaction agent under the terms specified in the contract;
2.6.5. The test, control and guidance on the trading side of the business agent and report the situation to the agent activity to the agent interface;
2.6.6. In coordination with the competent State authorities to handle the case of violation of law play in providing and using the services;
2.6.7. Subject to the Ombudsman, the postal Bureau's examination and the competent State agencies in the provision of telecommunications services.
 
D. RIGHTS and OBLIGATIONS of OWNERS of PRIVATE TELECOMMUNICATIONS NETWORK 2.7. 2.7.1 rights. Set up, manage private telecommunications networks;
2.7.2. The rental of the business channel provides telecommunications services to establish private networks and connected to the public telecommunications network; 2.7.3. Please enable transmission road construction to set up the network and connected to the public telecommunications network.
2.8. obligations 2.8.1. Do not use private networks for business telecommunications services in any way;
2.8.2. Done the right kind and scope of the communication specified in the licence;
2.8.3. The inspection, inspection of the General Department of post office and the competent State authorities in setting up and using private telecommunications networks.
 
E. RIGHTS and OBLIGATIONS of USERS of TELECOMMUNICATION SERVICES 2.9. 2.9.1 authority. The freedom to choose the business offers, resale Services Enterprise for use of telecommunications services;
2.9.2. the use of the service at the point of public service providers; to subscribe to the service at the following address on the basis of a contract with the business offers, resale business services;
2.9.3. Be secure, confidential information stored, transmitted on the network;
2.9.4. Design, installation; the freedom to choose the unit design, installation of Subscriber terminals according to the specifications issued by the postal administration;

2.9.5. Complaints about the flaws in the provision of the service provider of telecommunication services.
2.10. Obligation to 2.10.1. The correct implementation of the provisions of the law when using telecommunications services.
2.10.2. the responsibility for the content of information that you stored, transmitted through telecommunications networks taken;
2.10.3. Not use Subscriber terminals to telecommunications services business under any form whatsoever;
2.10.4. Paid use of telecommunication services according to the regulations.
 
III. The TELECOMMUNICATIONS NETWORK A. Management, TELECOMMUNICATIONS NETWORK.
3.1. the telecommunications network when put into exploitation must ensure the following: conditions that permit networking as specified in section V;
Licensed use of warehouses and frequency;
Are set according to the standards and the international standards by the Vietnam General Department of post Office issued or published required apply;
If activity does not cause harm to the environment and other social economic activities.
3.2. General Postal Bureau perform state management functionality for backbone system Telecom nation: planning system developer national telecommunications backbone;
Regulation mechanism of using the national telecommunications backbone;
The decision to establish or discontinue the Telecom ties with countries around the world;
The decision to close, open Telecom contact directions links contact the public utility service, security and defense.
3.3. The telecommunications equipment has been issued a certificate of conformity in accordance with circular No. 01/1998/TT-TCBĐ on 15/5/1998 of the postal administration be used or connected to the telecommunication network.
B. CONNECT the PUBLIC TELECOMMUNICATIONS NETWORK 3.4. The connection to the public telecommunications network must be made in accordance with the "interim regulations on the connect the telecommunications network of the public enterprises provide telecommunications service" attached to decision No. 547/1998/QD-TCBĐ on 03/09/1998 of the General Director of postal Bureau.
C. CONNECT the TELECOMMUNICATIONS NETWORK USED in PRIVATE with PUBLIC TELECOMMUNICATIONS NETWORKS 3.5. Private telecommunication network are allowed to connect to the public telecommunications network in the business local service providers by subscriber lines that use private network owner: Rent of business service providers; or self build (if you are a postal administration allow).
3.6. The private telecommunications network connection to the public telecommunications network must ensure the following requirements: 3.6.1. By enterprises to provide services made through a contract signed between the business and the private telecommunications network;
3.6.2. private telecommunications networks must meet the technical standards of the public telecommunications network;
3.6.3. Not use the private network to forward by any method (automatic or employees) international calls from the external terminals of the network through the private rental channel go international and vice versa;
3.6.4. Not use the private network to forward by any method (automatic or employees), the Federal Cabinet calls the local, between external terminals of the network through transmission lines built or rented.
D. CONNECTING The SUBSCRIBER'S TERMINAL EQUIPMENT To The PUBLIC TELECOMMUNICATIONS NETWORK.
3.7. the Subscriber terminals in the device list is certified by the standards Of the postal Bureau announced permission to connect to public telecommunications networks without having to do the procedure please allow qualified certification.
3.8. Subscriber terminals are not in the list above when the connection to the public telecommunications network must do the procedures approved under the provisions of circular 1/1998/TT-TCBĐ on 15/05/1998 of the General Department of post office and must have the certificate of conformity issued by the postal administration.
3.9. At the request of the enterprise or people who use services and specified in section 3.7 and 3.8, enterprises providing services is responsible for implementation of the subscription terminal connection to the public telecommunications network through the contract that it signed with the resale business or with the use of the service.
3.10. The internal switchboard (PBX) connected to the public telecommunications network in the local business of providing telecommunications services by the subscriber line.
E. NUMBERED 3.11. National numbering plans include the numbering plan for the network type and various services such as the public switched telephone network (PSTN), a network of professional services (ISDN), data transmission network (PSDN), telex network, telecommunications network used, land mobile network (PLMN) and mobility over protection (MSS).
3.12. The General Department of post Office issued and managed under plans the following principles: guarantee for the development of the Subscriber and the service under the long-term development strategy;
Ensure each Subscriber has a number of separate Pack can communicate conveniently, dial direct to the other subscribers of the network of national and international telecommunications;
Ensure the optimal use of network and telecommunication equipment;
Ensure compliance with the recommendations of the ITU-T on numbered;
Ensure the optimal use and allocation, warehouse of savings;
Ensure equality between the enterprises of telecommunication service providers and the rights of users of services.
3.13. Based on the national numbering plan, the postal administration to decide the allocation of the digital repository for the enterprise to provide telecommunications services.
3.14. The business telecommunications service provider responsibilities: participate in the construction of the national numbering plan

Procedures for application of the code, under the provisions of the postal administration; -Build plan using the code, the number from the postal administration was allocated in accordance with the national plan;
Report Of the postal Bureau of planning and the use of code and number of recurring January 6 times and irregular if requested.
3.15. The management, distribution and use of the code, the number of the public phone network is made according to "plan the public phone network Vietnam" attached to decision No 585/QD-CSBĐ of the General Post Office on July 11, 1995.
3.16. The General Department of post office management and allocation decisions of international, national head crested; the area code; the network codes; service code; signalling point code; the length and the number of subscribers. The business provides planning and construction services specified in the subscriber numbers have categorized.
3.17. The number of public telecoms networks are not used to allocated for the private telecommunication network or the internal switchboard (PBX).
 
IV. TELECOMMUNICATIONS SERVICES 4.1. Telecommunications services are categorized into basic services and value added services.
4.1.1. basic services including (but not limited to) the following services: service telephone service telephone and telex services;
Fax service;
The private channel rental services;
Data communication services;
Television services, tv cameras, sound;
Electronic communications services;
Mobile phone service;
Messaging Services;
4.1.2. value added services including (but not limited to) the following services: electronic mail services;
Voice mail services;
Hosting services, providing the information;
The Internet services; electronic mail, file transfer, remote access, access to the database by the various methods.
4.2. The services provided and the use of telecommunications services are subject to the terms of service Of postal Bureau issued. Pursuant to the terms of service, service provider business telecommunications issued mining processes for each type of service provided.
4.3. The contract provides and uses the services of the supply and use of telecommunication services to register the following address must be made through a contract signed between the use of the services and businesses and users, which clearly define the rights and obligations of each party.
4.4. Charging, billing and payment billing 4.4.1. The price and the cost of telecommunications services provided to users are subject to the pricing, service charges issued by the authority;
4.4.2. The business offers resale business, and service agents are price listing and public charges, apparently in place of the transaction and the public service have to serve;
4.4.3. The hotels has been rated stars after signing the contract and use of telecom services to business offers, resale business, are allowed for an extra charge the hotel Telecom charges by decision No. 481/TTg dated July 3, 1997 by the Prime Minister. The hotels are announced and listed an extra rate applies to hotel customers know;
4.4.4. With regard to the monthly payment under the contract, the business is responsible for accurate billing, free and details for intercity calls, international and mobile for users signed a contract with yourself: 4.4.5. The user is responsible for the payment of the fees in full, in time for your business to use the service. Case of non-payment, the cost of money, businesses also have the right to ask the user to pay the overdue interest for each day the total amount charged on the deferred cost deferred. This interest rate is applied as prescribed by the State Bank announced at the time of payment.
4.5. Stop and restore the supply 4.5.1 service. The business is entitled to suspend in whole or in part provided services if after 30 days from the time of receiving the first payment, the person using the service enough unpaid rates as stipulated in the contract.
4.5.2. The enterprise is responsible for restoring the supply of services for the user if within 60 days of the suspension provide the service, the user has to pay enough for the business, including the payment of interest on overdue debt, and proposed to continue to use the service.
4.5.3. If after 60 days from the date of suspension to provide services which the user has not paid, then the business is entitled to discontinue the service. In that case, the user must still be responsible for payment of unpaid charges and have to redo the procedure as new registrations if there needs to be continuing to use the service.
4.6. Change location to use the service but not to change the unit to provide services.
4.6.1. When changing location to register to use the service to a new location is not in the same province, a city centrally with the old location, the user must reset the procedure as for new registration case;

4.6.2. When changing location to register to use the service to a new location in the same province, a city centrally with the old location, the user must sign a new contract but not again pay the initial installation which must only pay a fee for the change of venue. 4.6.3. When the user changes the location to register to use the service to a new location in the same province, central cities with old places and asked to be kept if Subscriber technical conditions permit, enterprises will make keeping raw subscriber numbers for the user also, users assume all costs for the keep of them.
4.7. To change If service providers want to switch to using the services of other service providers, the user must liquidate the contract with former service providers and signed to new service providers.
4.8. Changing Subscriber number 4.8.1. Business case telecommunications service providers to actively change under the plan and network development plan approved, the business must prior notice at least 60 days for the user about the time and the necessary information about the proposed change, guide the user in using the service after the change and bear all costs for the the number, but is not liable for indirect damages caused by the change to the user 4.8.2. If the user request was then made business number change number and instructions for the use of the service after the change, and users assume all costs for the change number.
4.9. Registered address and subscriber numbers 4.9.1. The user has the right to register or refuse to register the address and the number of subscribers to telecommunication subscriber contacts.
4.9.2. If the user refused to register the address and the number of subscribers to telecommunication subscriber contacts the enterprise to offer and sell businesses responsible for keeping secret the registered address of the Subscriber and the users.
4.10. service providing priority to calls from any terminal equipment to the telephone number for emergency services: police, fire and medical emergency are served and priority toll-free.
 
V. 5.1 LICENSE. The postal administration is the license type of network and telecommunication services, including: 5.1.1. System Setup license national telecommunications backbone and telecom service providers (the enterprise-level provides basic telecommunications services category I);
5.1.2. Certificate of public telecoms networks and telecommunication service providers (business level providing basic telecommunications services category II);
5.1.3. The license provides value added services (Enterprise-level service providers value);
5.1.4. the resale license of telecommunication services (for business resale of telecommunications services);
5.1.5. The license set private telecommunication networks (granted to private telecommunications network owners);
5.1.6. open license new telecom services (for business telecom service provider);
5.1.7. trial license network and telecommunication services (for business telecom service provider and telecommunications network used private owner) 5.2. Based on the policies, strategies and development planning of the national telecommunications, the postal administration will determine the number of licenses for each specific phase.
5.3. license fee is applied according to the regulations of the Ministry of finance.
A. ESTABLISHMENT Of The LICENSING SYSTEM Of NATIONAL TELECOMMUNICATIONS BACKBONE And TELECOMMUNICATIONS SERVICE PROVIDERS.
5.4. To allow businesses like to ask permission Of the postal Bureau set up the system of national telecommunications backbone and telecommunications service providers must have the following conditions: is the State Enterprise;
Be the Prime decision established or allowing established to provide telecommunications services.
5.5. the licensing procedure.
5.5.1. the application for the license include: text of Prime allows established businesses to offer telecommunications services;
Application of the opinion of the governing body (if any);
A notary decided to set up the business;
A notarized business registration license of the enterprise;
Charter of organization and operation of the business;
Project to establish and provide services including the following: Configure bearing, range, type of service, technology, frequency and code, tariff plan provided, manpower, capital, market analysis and forecasting, partner. 5.5.2 etc. Processing time the profile Of the mobile Bựu Bureau conducted 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 so 90 days from receipt of valid records.
The case refused to license the postal administration will respond in writing stating the reason for business permission to know within 45 days of receiving a valid profile.
5.5.3. the duration of the license.
Term of the license is determined according to the scale and scope of service providers but not exceeding 20 years.
5.5.4. Modifying additional content license within a period of validity of the licence, if the licensed business would like to modify, complement the network configuration, the scope of activities of the network, the technology used, etc to send amendments and supplements to the General Department of post office

Application for additional amendments include: application for amendments and supplements;
The report describes in detail the contents to modify, Supplement and other related documents;
A copy of the license in effect.
The General Department of post evaluation and review the license amendments and supplements within 45 days of receiving a valid profile.
The case rejected the modified permit, the postal administration will respond in writing stating the reason for filing business know within 30 days of receiving a valid profile.
5.5.5. Extended license pharmaceutical business license want to extend the license must submit application for renewal to the General Department of post office 45 days before the date the license expires.
Application for renewal are: application for renewal of a licence;
A copy of the license in effect.
The General Department of post evaluation and review license renewal within 45 days of receiving a valid profile.
The case refused to renew the license, the postal administration will respond in writing stating the reason for filing business know within 30 days of receiving a valid profile.
5.5.6. Revoke the licence certificate backbone system Telecom nation and provide telecommunications service levels for the business to provide basic telecommunication services category I will be withdrawn if, after the time limit for 2 years from the date of license, the business is not yet implemented on the fact the activities recorded in the licence without the reasons.
Businesses who want to license revoked license must complete the procedure as permission, as new cases.
5.5.7. Where the receiving and processing the application for the license.
Postal Administration, 18 Nguyen Du, Hanoi.
B. LICENSED PUBLIC TELECOMMUNICATION NETWORK and PROVIDE TELECOMMUNICATIONS SERVICE 5.6. To allow the business to want to ask permission Of the postal Bureau established the public telecommunications networks (except the backbone system Telecom country) and telecommunications service providers must have the following conditions: is the State-owned enterprises or joint-stock companies in which the State seized the shares dominated or special shares.
Be the Prime decision established or allowing established to provide telecommunications services.
5.7. licensing procedure As category C 5.5. LICENSED to PROVIDE VALUE ADDED SERVICES 5.8. Conditions of permission state enterprises or joint-stock companies in which the State seized the shares dominated the special stock or want to set up the system of electronic devices, information technology to provide value added services to ask permission Of the postal Bureau.
5.9. licensing procedure 5.9.1. Application for licensing: the license application of the opinion of the governing body (if any);
A notary decided to set up the business;
A notarized business registration license of the enterprise;
Charter of organization and operation of the business;
The project of setting up the network and service providers include the following: System Configuration, device operating range, type of service, technology, pricing plan provided, manpower, capital, market analysis, partner, etc..
5.9.2. Processing time postal administration first records released the appraisal and licenses within 45 days of receiving a valid profile. If problems arise requiring assessment, the time limit can be extended but not so 60 days from receipt of valid records.
The case refused to license the postal administration will respond in writing stating the reason for business permission to know, within 30 days of receiving a valid profile.
5.9.3. the duration of the licence term of the license is determined according to the scale and scope of service providers but not more than 10 years.
5.9.4. Amendments, supplements the content license within a period of validity of the licence, if the licensed business would like to modify, complement the network configuration, the scope of activities of the network, the technology used, etc. must send modifications, supplements to the General Post Office.
Application to modify additional content including: application for modification, additional content;
The report describes in detail the contents to modify, Supplement and other related documents;
A copy of the license in effect.
The General Department of post evaluation and review the modified license, supplemented within the time limit of 30 days from receipt of valid records.
The case refused to license additional amendments, the postal administration will respond in writing stating the reason for filing business know within 20 days of receiving a valid profile.
5.9.5. The business license renewal is licensed like to extend the license must submit application for renewal to the General Department of post office 30 days before the date the license expires. Application for renewal of the license include: limited license application;
A copy of the license in effect.
The General Department of post evaluation and review license renewal within 30 days of receiving a valid profile.
The case refused to renew the license, the postal administration will respond in writing stating the reason for filing business know within 20 days of receiving a valid profile.
5.9.6. Revoke the license to provide value added services for business offers value added services will be withdrawn if, after the time limit of 1 year from the date of 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 5.9.7 new cases. Where the receiving and processing the application for the license.
The General Department of post office. 18 Nguyen Du, Hanoi.
5.10. For permission to provide these services, the Accession conditions and procedures of licensing is done according to the "interim regulations on management, set the network use, Accession in Vietnam" attached to Decree No. 21/CP of the Government on 05/03/1997 and the circular "guiding the connection provided and used in Vietnam" Accession number 08/TTLT Total Postal Bureau-Ministry of Interior-Ministry of culture and information on 24/05/1997.
D. LICENSED TELECOMMUNICATIONS SERVICES RESALE 5.11. To enable businesses of the economic component (except the 100% foreign company established under the law on foreign investment in Vietnam) want to purchase telecommunication services for resale to persons using the services must ask permission Of the postal Bureau.
5.12. licensing procedure 5.12.1. Application for licensing: the license application of the opinion of the governing body (if any);
A notary decided to set up the business;
A notarized business registration license of the enterprise;
The contract to buy the service directly to businesses that provide telecommunications services;
Resale scheme services include the following: the scope of activity, type of service sold, the object providing the service, pricing, resale of the service.
5.12.2. Processing time of records As specified in section 5.9.2.
5.12.3. The time limit period licences licences are determined according to the scale and scope to provide services not to exceed 5 years.
5.12.4. Amendments, supplements the content license As specified in section 5.9.4.
5.12.5. Renew the license As specified in section 5.9.5.
5, 12.6. Revoke the resell license for enterprise level services sold will be revoked if after the time limit of 1 year from the date of 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, as new cases.
5.12.7. The place of receiving and processing the application for the license where the receiving and processing of application for business license resale of telecommunications services on the scope of the postal administration, 18 Nguyen Du, Hanoi;
Where the receiving and processing of application for business license resale of telecommunications services on the sale of the area 1 and area management are headquartered in the area I is the General Post Office, 18 Nguyen Du, Hanoi;
Where the receiving and processing of application for business license resale of telecommunications services in the region 2 and region management headquartered in region 2 is the regional postal Bureau 2, 27 Nguyen Binh Khiem, Ho Chi Minh City;
Where the receiving and processing of application for permission of the business of resale of local telecommunications service area 3 and area management has its headquarters located in the area of regional postal Bureau 3 is 3, 30 Tran Quoc toan, Danang city. E. LICENSED PRIVATE TELECOMMUNICATIONS NETWORK 5.13. 5.13.1 permission conditions. Agencies, business organizations and Vietnam, foreign organizations legal activities on the territory of Vietnam would like to set up private telecommunications networks to ensure that internal communications must ask permission to set up and use the private network.
5.13.2. private use Wired Network using a private rental channel to set up a network license, please, but not to comply with the rules on the use of private rental channel, private network connection to the public telecommunications networks and numbering.
5.14. licensing procedure 5.14.1. Application for licensing: the licensing application form accompanied by the opinion of the governing body (if any) for the Agency, organization, Vietnam business; attach the proposal of the Ministry of Foreign Affairs for diplomatic and international organizations enjoying diplomatic status;
A notarized form or the unit's operation license permission;
The project of setting up the network, which stated: configuration, operating range, the technology used, the equipment, the technical standards of the network and devices, please use frequency (if available);
Resume of managers and network executives have confirmed the Agency's public security authority (for private radio networks).
Affidavit please use transmitters and radio frequency form by postal administration issued (for a private radio network).
5.14.2. Processing time records for private use networks nationwide and private radio networks using satellite transmission methods: records processing time depending on the nature and scale of the network but not to exceed 30 days from the receipt of a valid profile. If problems arise requiring assessment, the time limit can be extended but not so 45 days from receipt of valid records.
The case refused to license the postal administration will respond in writing stating the reason for the unit please allow to know within 20 days of receiving a valid profile.
For the regional network is the contact area: processing time of records depending on the nature and scale of the network but not exceeding 20 days from receipt of valid records. If problems arise requiring assessment, the time can be extended but not more than 30 days from the date of the valid profile

The case refused to grant a licence, the licensing authority will reply in writing stating the reason for the unit please allow know within 15 days of receiving a valid profile.
5.14.3. Duration of licence for private use networks nationwide and private network using satellite transmission method: the term of the license is user defined depending on the scale and nature of the network but not exceeding 10 years; -For the network of regional and interregional networks: the term of the license is determined depending on the scale and nature of the network but not to exceed 5 years.
5.14.4. Modifying, supplementing the content of license within a period of validity of the licence, if the licensed unit would like to modify, Supplement, technology configuration, operating range of the network must send revisions and supplements to licensed Agency.
The records 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.
The licensing agency evaluation and review the license modification, supplement within 15 days of receiving a valid profile.
The case rejected the modified permit, additional licensing agency will respond in writing stating the reason the unit please allow to know within 10 days of receiving a valid profile.
5.14.5. Renew the license of the licensed unit would like to extend the license renewal application must submit to the Agency has licensed 15 days before the date the license expires.
Application for renewal of limited application, including a copy of the license in effect.
The licensing agency evaluation and renewal review within 10 days of receiving a valid profile.
The case refused to renew the license, the Agency will respond in writing stating the reason for the filing unit known within 15 days of receiving a valid profile.
5.14.6. Revocation of license to set up and use the private network will be revoked if after the time limit of 6 months from the date of license, the licensed unit not yet implemented on the fact the activities recorded in the licence without reasons.
The unit has been revoked licenses like to please the license of full webpages again the procedure as permission, as new cases.
5.14.7. Where the receiving and processing of application for grant of license where the receiving and processing of application for permission to set up private network nationwide, private radio network using the transmission method over the protection status is a postal administration, 18 Nguyen Du, Hanoi;
Where the receiving and processing of application for permission to set up private networks on the dịa zone I tables management and private sector Union network is headquartered in the area I is the General Post Office, 18 Nguyen Du, Hanoi;
Where the receiving and processing application for permission to set up a network of local private use area 2 management and private sector Union network is headquartered in region 2 is the area Post Office Bureau 2, 27 Nguyen Binh Khiem, Ho Chi Minh City;
Where the receiving and processing of application for permission to set up private networks on the dịa area table 3 private use network management and related areas are headquartered in the region 3 regional postal Bureau is 3, 30 Tran Quoc toan, Danang city. F. Of OPEN LICENSE NEW TELECOM SERVICE 5.15. New telecommunications services are telecommunications services currently operating on the network of the business offer.
5.16. To allow 5.16.1. Businesses that provide basic telecommunications services would like to open the kind of basic services and new value added services must ask permission Of the postal Bureau.
5.16.2. Enterprises to provide value added services like to ask permission to open the kind of new value added services must ask permission Of the postal Bureau 5.17. 5.17.1 licensing procedures. Application for permission to include: application of new telecommunication service providers;
The project offers a new service, which stated: type of service, the technology applied, the scope of supply, the tariffs intended, please to frequency of use (if any);
Copy network setup and license to provide services that are in effect.
5.17.2. Processing time of records Of postal Bureau conducted the appraisal and licenses within 30 days of receiving a valid profile. If problems arise requiring assessment, the time limit can be extended but not so 45 days from receipt of valid records.
License denial cases, the postal administration will respond in writing stating the reason for filing business know within 20 days of receiving a valid profile.
5.17.3. Duration of licence term of the license is determined fit the duration of licences to set up and provide services granted for business.
5.17.4. Amendments, supplements, to renew the licence.
Applying additional amendments, renewals of licenses to provide new services are implemented as specified in section 5.9.4. and 5.9.5.
5.17.5. Where the receiving and processing the application for the license Of the postal Bureau, 18 Nguyen Du, Hanoi g. LICENSED TESTING NETWORKS and TELECOMMUNICATIONS SERVICE 5.18. 5.18.1 permission conditions. Businesses that provide basic telecommunications services would like to test the network with the new technology not yet used on the network or test new telecommunications service providers must seek permission Of the postal Bureau.
5.18.2. Enterprises to provide value added services like to experimented provide new value-added services must ask permission Of the postal Bureau.

5.18.3. The institutions, agencies, businesses want to test network to choose the technology before setting up private telecommunications network are the Postal Administration permission.
5.19. the licensing procedure 5.19.1. Application for permission to include: application for permission to set up the test network, or provide the testing services;
The scheme set tests or trials offers services, which clearly define: the purpose, extent, duration of test, network configuration, applied technology, type of service, the parties cooperate with the experiment (if any), tariff plan (if any), the frequency for permission to 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 the service on offer (for permission to test the provided services);
Copy network setup and license service providers are.
5.19.2. Processing time postal administration records appraisal and review the license within 30 days of receiving a valid profile.
The case refused to license the postal administration will respond in writing stating the reason for the unit please allow to know within 20 days of receiving a valid profile.
5.19.3. Duration of licence term testing is determined depending on the scale and network testing services but must not exceed 1 year.
5.19.4. End test period, the test unit are responsible for summarizing, complete testing records and testing report for the General Post Office.
5.19.5. After the deadline, the test unit tests want to put network or services in official mining must ask permission Of the postal Bureau. Permission procedure applies under the ui defined in section V, V, V. C or V.E. 5.19.6. Where the receiving and processing of application for grant of license where the receiving and processing of application for permission to test the public telecommunications network, testing provides telecommunications services, private network testing and private satellite network are the postal Bureau, 18 Nguyen Du, Hanoi;
Where the receiving and processing of application for permission to use private network test on the region 1 private use network management and related areas are headquartered in region 1 is the total postal Bureau, 18 Nguyen Du, Hanoi;
Where the receiving and processing of application for permission to use private network test on the area 2 management and private sector Union network is headquartered in region 2 is the area Post Office Bureau 2, 27 Nguyen Binh Khiem, Ho Chi Minh City;
Where the receiving and processing of application for permission to test private network in the area of network management and 3 private use area has its headquarters located in the area is the regional postal Bureau 3 3, 30 Tran Quoc toan, Da Nang City.
 
VI. Complaints, DISPUTES, BILLING and HANDLING ADMINISTRATIVE VIOLATIONS 6.1. Telecommunications service users have the right to complain to the service provider about the violation of the Unit provide services such as breach of, violating the norms of the time and quality of service. If the service provider has resolved that the users see satisfactorily, the user has the right to complain to the General Directorate of post offices or other competent bodies.
6.2. Time limits complaints about the violation of charge is 10 months from the time the person using the service of the notice of payment of the fees.
Time limits complaints about the violation of norms of the time, the quality of service and the other offense is 12 months from the time of using the service.
6.3. Pending complaints, service users must still paid enough and on time for the unit to provide services.
6.4. Enterprises to provide telecommunications services resale business, telecommunication services, telecommunication services agents and private telecommunications network owners have the right to complain to the General Post Office on issues related to administrative management authority of the General Directorate of post office.
6.5. the procedure for resolving complaints made by Decree 109/1997/ND-CP and the other provisions of the law on complaints.
6.6. Disputes between businesses providing telecommunications services resale business, telecommunication services, telecommunication services agent, owner of private network and users of telecommunications services on the contract concluded between the parties be addressed according to economic proceedings or civil proceedings and by the agencies conduct economic proceedings civil procedure, done.
6.7. If his fault that the unit provides telecommunications services does not guarantee the quality or just spend the time service provider has announced or agreed upon in the contract with users, then it must refund part or all of the charges collected.
In addition to the above charges, complete the unit provides telecommunications services is not liable to indemnify any damage.
6.8. The administrative violations in setting, and provides network management, use of the service is processed according to the Decree 79/CP dated 6/19/1997 of the mandate the Government sanctioning administrative violations in the field of governance of the postal, telecommunications and radio frequency.
 
VII. ENFORCEMENT PROVISIONS 7.1. This circular effect after 15 days from the date of signing. The previous provisions contrary to this circular are abolished.

7.2. In the process of implementation, if there is still action, recommend timely reflection of the postal administration to review, Supplement, modify the./.