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Circular 05/2006/tt-Bbcvt: Guide The Implementation Of Programs To Provide Public Telecommunications Services By 2010

Original Language Title: Thông tư 05/2006/TT-BBCVT: Hướng dẫn thực hiện Chương trình cung cấp dịch vụ viễn thông công ích đến năm 2010

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CIRCULAR guide implementation programs provide public telecommunications services by 2010 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ postal Ordinance base, telecomunication on May 25, 2002;
Pursuant to Decree No. 160/2004/ND-CP dated 3 September 2004 from the Government detailing the implementation of a number of articles in the postal and Telecommunications Ordinance on telecommunications;
 Decree 196/2004/ND-CP on December 3, 2004 of the Government issued regulation on financial management of State-owned companies and the State capital management investments in other enterprises;
 Decree No. 32/2005/ND-CP of March 2005 by the Government on the manufacture and supply of products, public service;
Pursuant to decision No. 190/2004/QD-TTg dated 8 November 2004 of the Prime Minister on the establishment, organization and operation of public telecoms services Fund to Vietnam;
 Decision No 74/2006/QD-TTg dated 7 April 2006 from the Prime Minister's approval program provides public telecommunications services until 2010;
After obtaining the opinion of the Ministry of Finance (text number: 11061/BTC-TCNH on September 11, 2006), the Ministry of planning and investment (text no. 6675/BKH-KCHT & TEL September 2006), the Ministry of post and telecommunications, guide the implementation of programs to provide public telecommunications services by 2010 as follows : I-GENERAL PROVISIONS 1. Apply object-Telecom business participate in the programme to provide public telecommunications services by State.
The post and telecommunications Department of the province, the central cities.
-Public telecom service Fund Vietnam.
-The object being to provide public telecommunications services are regulated in clause 2 article 5 decision No 191/2004/QD-TTg dated 8/11/2004 by the Prime Minister on the establishment, organization and operation of public telecoms services Fund Vietnam.
2. Explanation of terms-directory of public telecoms services including telecommunications services and telecommunications services required by the Ministry of posts and telecommunications announced according to each period.
-The provided public telecom service is according to the administrative boundaries of the district or town by the Ministry of posts and telecommunications announced by the Prime Minister were defined in decision 74/2006/QD-TTg dated.-mandatory telecommunications services is the services are specified in point 2 , Part III, article 1 decision No 74/2006/QD-TTg dated that all telecommunications business must provide to customers using the service when the postal Ministry, licensed telecommunications services and telecommunications.
-Access point to public telecommunications services is the public phone access point; public Internet access points or public access points have both services on.
3. Support to maintain the supply and development of the public telecommunications services from public telecom service Fund Vietnam are done through the telecommunications business on the basis of the plan by the State or by State commissioned, tender.
4. enterprises are providing public telecommunications services must have a license to set up network infrastructure and telecommunications service providers to meet service quality standards prescribed by the State.
5. The tender, order, delivered the plan provides public telecommunications services under the provisions of the State about bidding, order supplies products, public service.
6. the telecommunications business, which are related to the implementation of the programme providing public telecommunications services is responsible for implementation of the provisions of this circular and other related legal provisions of the State.
II-IMPLEMENTATION ASSISTANCE PROGRAM PROVIDES PUBLIC TELECOMMUNICATIONS SERVICES 1. The content of the telecommunication business support provision of public telecommunications services are State aid in the following activities: a) investment in new construction projects, upgrade, expand infrastructure and telecommunications network, Internet (including access to public telecommunications services) or other facility serving the supply of telecommunications services in the public interest the Department was to provide public telecommunications services.
b) new development investment access points the public telecom service in the town outside the provided public telecom service.
c) costs to maintain the provision of public telecommunications services in the region are providing public telecommunications services.
d) costs of maintaining the supply of telecommunication services mandatory across the country.
DD) development costs, maintaining subscriber phone, Internet of the individuals, households in the region are providing public telecommunications services.
e) perform other useful tasks as defined by the Prime Minister.
2.2.1 support. Support from public telecom service Fund Vietnam a) loans for the telecommunications business when done:-the investment projects of the development referred to in Points a, b section 1 of part II of this circular under the plan to provide public telecommunications services by the Ministry Telecommunications approval.
-Other projects investment decision of authorized State agencies.
The mechanism of loan under the provisions of the Ministry of finance.
b) support non-refundable: The telecommunications business when performing the tasks referred to in points c to dd, item 1 of part II of this circular are supported through the funding allocated is not refundable for telecommunications business on the basis of the level of support under the provisions of the State.
2.2. support from the other sources of financial support from other financial sources (local budgets and other sources of capital) made the target of providing public telecommunications services is determined by the authorized funding decisions.
3. The level of support a) costs of maintaining the network of public service provision in the region are providing public telecommunications services: telecommunication businesses are supporting the costs of maintaining the network of public service provision in the public areas (including the access points the public telecommunications service). The level of support costs to maintain the network of public service provision in the region of public utility for telecommunication enterprises are determined on the basis of the level of support by the Ministry of posts and telecommunications issued under each period after the opinion of the Ministry of finance. The level of support calculated according to the following formula: the support level = the quantity of the product, public service (x) norm support b) for the maintenance of the telecommunication service is required, the support level by the Ministry of posts and telecommunications on the basis of rules of order for business telecom services.
c) The duty to maintain and develop the telecommunications services provided to other public interest as determined by the Prime Minister, pursuant to specific situation, the Ministry of posts and telecommunications decided to entrust one or several telecommunications businesses make specific decisions about attached the support level.
d) supporting the development of individual subscribers, households are living in the region are providing public telecommunications services will be done through businesses are providing services in that region.
Individual subscription, households living in the town especially hard by decision No. 164/2006/QD-TTg dated 11 July 2006 by the Prime Minister on the approval of the 135 program phase II, if it is located outside the district is providing public telecommunications services will also be supported as the personal subscription , household in the district was to provide public telecommunications services. Supported content includes: + support part installation costs.
+ Supported in part the cost of terminals.
+ Support subscription charges, in part.
The support level for the services specified in point d of this section by the Ministry of posts and telecommunications rules after the opinion of the Ministry of finance.
4. The level of funding support

a) grounded the bidding results, order, delivered the plan provides public telecommunications services of the Ministry of posts and telecommunications; progress on the implementation of the plan, the project; the financial plan was approved by the Fund's public telecommunications services in Vietnam, the Foundation funding payments to enterprises made the provision of public telecommunications services.
b) mechanism of allocated, disbursed capital support for the telecommunications business by the Board of management of public telecoms services Fund Vietnam issued on the basis of the regulations of the Ministry of finance.
III – Tender, Order, DELIVERY PLANNING For ENTERPRISES PROVIDING PUBLIC TELECOMMUNICATIONS SERVICES 1. The telecommunications network infrastructure development programme to provide public telecommunications services a) The project to develop the telecommunications network infrastructure in the region are providing public telecommunications services telecom businesses wishing to invest in the construction of a network infrastructure, Telecom and Internet (including telecom service access point public) in the region are providing public telecommunications services; Businesses are in the network have been providing public telecommunications services have investment needs renovating, upgrading, expansion of infrastructure, telecommunications and Internet network available to provide public telecommunications services were loans to investment from public telecom service Fund Vietnam supply plan public telecom service annually due to the postal and telecommunications Ministry approval.
b) The project to develop the access points the public telecommunications services in the communes located outside the region are providing public telecommunications services.
Every year the Ministry of posts and telecommunications will announce plans to develop the access points the public telecommunications services in the town have not have access points the public telecommunications services (outside the region are providing public telecommunications services). Telecom business development investment needs the access points the public telecommunications services under the plan was loans from public telecom service Fund Vietnam.
c) business for new development projects; upgrade, expand the telecommunications network infrastructure in the region are providing public telecommunications services; Business development investment needs the access points the public telecommunications service, is responsible for establishing, the approved investment projects, according to the current rules about the basic construction investment of the State, reported the Ministry of posts and telecommunications, and send the public telecom service Fund Vietnam to the aggregate borrowing needs of enterprises.
In the case of many projects exceed the amount of the loan limit for investment of funds and have many of the same business register would follow the bidding form owner. The bidding for the project owner to provide public telecommunications services under the provisions of the law of tenders and the specific instructions of the Ministry of posts and telecommunications in accordance with each type of project to provide public telecommunications services. The implementation of the project on compliance with the regulations on the management of capital construction of the State.
2. support costs to maintain the telecommunications network in the region is to provide public service support to the cost of maintaining network provides public telecommunications services of the telecommunications infrastructure, the business network in the region are providing public telecommunications services (including maintaining the operation of the access points the public telecommunications service) through the method of ordering, delivery of the plan of the Ministry of telecommunications, postal and telecommunications business. Level of support by mass products, services that supply business and the level of the post and telecommunications Ministry regulations after the opinion of the Ministry of finance.
3. Support the development of the Internet, mobile phone subscribers of the individual, the household in the region was to provide public telecommunications services.
The support costs of developing subscriber phone, Internet of the individuals, households in the region to provide public telecommunications services is made on the basis of order, delivered the plan of the Ministry of posts and telecommunications for the telecommunications business. Level of support by mass products, services that supply business and the level of the post and telecommunications Ministry regulations after the opinion of the Ministry of finance.
IV-The QUALITY, Pricing, PUBLIC TELECOMMUNICATIONS SERVICES 1. The Ministry of posts and telecommunications decided and announced the service quality of public telecoms utility appropriated with each period and the development of telecommunications technology.
2. The postal service, telecommunications regulation and announced service charges and telecommunications public utility applied uniformly across the country.
V-PLAN PROVIDES PUBLIC TELECOMMUNICATIONS SERVICES The provision of public telecommunications services is made on the basis of the plan is the approval authority.
1. Build the plan The support plan provides public telecommunications services include: (1) investment plans for new construction, renovation, expansion of infrastructure, telecommunications networks and the Internet in the public areas.
(2) plan to develop the telecommunications services access points and the Internet (outside the region are providing public telecommunications services).
(3) plan to support the cost of maintaining the telecommunications service providers, public interest in the public areas.
(4) plan to ensure the provision of the services required.
(5) development support plan subscription to individuals, households, public interest in the region.
(6) The plan to build another facility.
(7) the plan currency lodging, the donations to fund Vietnam public telecommunications service: follow the provisions in circular No. 110/2005/TT-BTC guiding the financial accounting regimes, currency lodging the donations to fund Vietnam public telecommunications services and the accompanying Guide text.
(8) plans to mobilize other sources of capital to support provide public telecommunications services.
(9) plans to use the funding support provided public telecom service.
2. Guide the construction plan-the goals of the base program provides public telecommunications services to 2010 was approved by the Prime Minister's decision No. 74/2006/QD-TTg dated 7/4/2006; before 15 June each year the Ministry of posts and telecommunications issued guidance documents build plans to offer public telecommunications services as a base to the unit concerned the construction plans for the next year.
3. The task of building a telecommunications business) provides public telecommunications services-on the basis of the instructions of the Ministry of posts and telecommunications; basing the development needs and the ability to perform the duties of public utility enterprises, building plans from (1) to (7) referred to in point 1 of part V of this circular.
-Plan report content including but not limited to the following: + reviews of the implementation of the plan, the State's bidding for the business of supplying telecommunication services, public interest and the targets of the plan.
+ The base, a base for the construction of the only goal in the plan.
+ Implementation of the measures and recommendations related to improving the effectiveness and efficiency of the program provides public telecommunications services as well as the implementation of the plan.
-Before 10 July every year businesses complete building plans on submitting the report the Ministry of postal, telecommunications, and send the public telecom service Fund Vietnam.
-The plan (1), (2), (5) in point 1 of part V of this circular when building must have the written comments of the Department of post and telecommunications of the province, local city management on computer with suitable planning, plans to offer telecommunications services in local public utility.
b) The Postal Facility, telecommunications

-Implementation of coordination, supporting telecommunications enterprises building planning (1), (2), (5) referred to in point 1 of part V of this circular and have opinions about the plan to provide public telecommunications services by local telecommunications enterprises building.
-Hosted, in collaboration with departments, the departments of the PEOPLE'S COMMITTEE and the local District Chief for PPC on the construction planning, the plan provides public telecommunications services under the local's goal to promote universal telecommunications services in the region are providing public telecommunications services; the provincial people's Committee decision on the local support plans to provide public telecommunications services from local capital sources.
-Coordinated with the telecommunications business plans offer room service phone number lookup (116) report on the local postal and telecommunications Ministry before 10 July every year.
c) public telecom service Fund Vietnam-building plan from contributions of the telecommunications business and from the other capital (plan (7), (8) in point 1, Section V of this circular).
-The expected base plan provides public telecommunications services of the Ministry of posts and telecommunications, resoultion capacity building Fund, plans to use the Fund's capital (plans (9) stated in point 1, Section V of this circular).
The Foundation process of the postal and telecommunications Ministry plans on before October of every year.
-Perform other tasks by the Ministry of telecommunications, postal delivery on construction coordination of plans to provide public telecommunications services.
4. Evaluation, planning and delivery of the postal and telecommunications Ministry grounded the program objective to provide public telecommunications services have been approved by the Prime Minister; the base capital planning and support needs of the unit, appraisal, approval of the support plan provides public telecommunications services each year.
-Before 31 December each year, the postal and telecommunications Ministry made the delivery of the support plan provides public telecommunications services to businesses in telecommunications, public telecom service Fund Vietnam and held openly in this plan under the provisions of the State.
5. Implement the plan a) postal and telecommunications Ministry directed the implementation of the plan to provide public telecommunications services every year after approval.
b) the ministries, local coordination, to support the implementation of the plan, the project provides public telecommunications services each year.
c) basing the plan was delivered, the telecommunications business and public telecom service Fund Vietnam to coordinate implementation activities that provide public telecommunications services and support, the Fund's loans in accordance with the provisions in circular No. 67/20006/TT-BTC on 18/7/2006 of the Ministry of finance.
d) Department of telecommunications-check, supervise the implementation of the plan of the telecommunication service provider on the local public utility management; the observance of the regulations of the State on providing public telecommunications services locally.
-For PPC, City Administration made the project provides public telecommunications services on local decision making and funding.
-Perform the confirmation mass products, telecommunications services of public interest under the guidance of the Ministry of post and telecommunications, while the business plan implementation, the project by the Ministry of posts and telecommunications decided.
VI – Reporting, Checking, MONITORING The IMPLEMENTATION Of The PLAN, The PROJECT PROVIDES PUBLIC TELECOMMUNICATIONS SERVICES And HANDLE BREACH 1. The business telecommunications services Telecom public utility subject to the inspection, testing, supervision of the postal and telecommunications Ministry, the Department of post and telecommunications (local in scope), the Ministry of finance, the Ministry of planning and investment and the competent State bodies.
2. Periodically, or irregular, the telecommunication business are planned, ordered or winning bid provides public telecommunications services and the State's responsibility to report on the implementation of the plan, the project submitted by State agencies under the Ministry of posts and telecommunications; Council sends public telecom service Fund Vietnam.
3. public telecom service Fund Vietnam is responsible for the synthesis report the implementation of mass products, telecommunications services, public interest in the Mission of the Foundation funding and the situation, mobilization financial aid made the plans and projects to provide public telecommunications services by the Ministry , Telecommunications decisions.
4. enterprises provide public telecommunications services in violation of State regulations will be dealt with according to the provisions of the law.
In the process of implementation of the plan, the project of providing public telecommunications services, if detected the breach of policy regimes and norms, the report provides public telecommunications services, the provinces and cities under central, the ministries concerned have the responsibility to reflect the right of The main post office Telecommunications to handle.
VII-IMPLEMENTATION 1. This circular has the effect after 15 days from the Post Gazette.
2. for enterprises already have active provision of public telecommunications services in 2005-2006 will be to support the costs of maintaining the network in the region are providing public telecommunications services under the provisions of this circular.
In the process, the business of telecommunications, public telecom service Fund to Vietnam, the Department of post and telecommunications and the relevant unit if there are obstacles suggest reflections on postal and telecommunications Ministry to study additional amendments./.