Laws of Vietnam

On the basis of reviewing the implementation of Circular No. 04/1998/TT-TCBD of September 29, 1998 of the General Department of Post and Telecommunications, in order to create favorable conditions for the establishment, management and exploitation of telecommunications networks as well as the provision and use of telecommunications services, the General Department of Post and Telecommunications amends and supplements a number of points of Circular No. 04/1998/TT-TCBD as follows:

1. Point 1.2.10 is amended as follows:

"Special-use telecommunications network" (hereafter called private-use telecommunications network) is network established by its owner in order to provide internal communications among network’s members, including two or more telecommunications equipment installed at different locations and connected with one another by transmission lines hired or built by the network owners, of which at least two telecommunications equipment and one transmission line must be located on the Vietnamese territory.

The above-mentioned locations shall be construed as locations with definite addresses and range where members of the private-use telecommunications networks have the full power to use according to the provisions of law.

Special private-use telecommunications networks are those with their members being Vietnamese agencies and organizations or foreign agencies and organizations lawfully operating in Vietnam, which share the operation features or working purposes, and are bound together by their operation charters or legal documents stipulating the common organizational structures or forms of cooperation and joint operation.

Depending on the transmission mode used for their establishment, the private-use telecommunications networks are classified into wireless private-use networks, wire private-use networks and wire-cum-wireless private-use networks.

Depending on their operation scope, the private-use telecommunication networks are classified into national private-use networks, inter-regional private-use networks and regional private-use networks.

2. Point 1.2.15 is as follows:

"End-terminal equipment" is equipment used to start, transmit or terminate the transmission of information in forms of signs, signals, data, scripts, sounds, images through telecommunications networks without changing the forms or contents of the information.

3. Point 1.2.16 is amended as follows:

"Subscribed end-terminal equipment" is end-terminal equipment installed at or registered according to the user’s address, including:

- Subscribed single-line terminal equipment (for example: fixed telephones, mobile phones, fax machines, telex machines, pagers and modems);

- Subscribed multi-line terminal equipment (for example: private automatic branch exchange - PABX, equipment with call connecting function);

- Other subscribed end-terminal equipment as prescribed by the General Department of Post and Telecommunications.

4. To supplement Point 1.2.22 as follows:

"Intranet" is a subscribed end-terminal equipment network established and used by an organization or individual:

- At a location with definite address and range where such organization or individual has the full power to use as prescribed by law; and

- In order to ensure internal communication for such organization or individual.

5. To add the following paragraph to the beginning of Point 2.2.10:

Having the responsibility to regularly or irregularly report on telecommunications networks and services at the request of the General Department of Post and Telecommunications

6. Point 2.8.4 is supplemented as follows:

To pay charges for use of telecommunications services as prescribed.

7. To add the following paragraph to the end of Point 3.2:

Enterprises, which provide base telecommunications services of Category 1, shall have to:

- Decide to open and close international communication channels to countries which Vietnam has established telecommunications relations in service of their business operation;

- Decide to open and close domestic communication channels in service of their business operation;

- Abide by decisions on the opening and closure of communication channels of the General Department of Post and Telecommunications.

8. Point 3.5 is amended as follows:

The private-use telecommunications networks may be connected to public telecommunications networks at switchboards of service-providing enterprises by trunk lines which the owners of such private-use networks:

- Hire from service-providing enterprises; or

- Establish by themselves (if so permitted by the General Department of Post and Telecommunications).

9. Point 3.7 is amended as follows:

Subscribed end-terminal equipment on the list of those subject to standard compatibility certification, if being used on telecommunications networks, shall have to comply with the provisions of Circular No. 01/1998/TT-TCBD of May 15, 1998 and other relevant regulations of the General Department of Post and Telecommunications on the management of quality of postal and telecommunications supplies, equipment, networks and services.

10. Point 3.8 is amended as follows:

Apart from the provision at the above-mentioned Point 3.7, subscribed end-terminal equipment and intranets with radio wave radiation, if being used on telecommunication networks, shall have to comply with the provisions of Circular No. 05/1999/TT-TCBD of October 6, 1999 of the General Department of Post and Telecommunications and other relevant regulations of the General Department of Post and Telecommunications on the management and granting of permits for use of radio frequencies and radio transmitters.

11. Point 3.10 is amended as follows:

Subscribed single-line terminal equipment may be connected to public telecommunications networks at switchboards of service-providing enterprises by hired lines. Internal networks and subscribed multi-line terminal equipment may be connected to public telecommunications networks at switchboards of service-providing enterprises by trunk lines.

12. Point 3.17 shall be amended as follows:

Enterprises which provide telecommunications services may allow the owners of private-use telecommunications networks or intranets to use or re-hire numbers or number bands within the number region of the public telecommunications networks they have been allocated. The use or sub-lease of numbers or number bands must comply with the national numbering plan and regulations on the management of number storage of the General Department of Post and Telecommunications.

13. Point 4.4.3 is amended as follows:

Tourist accommodation establishments shall be entitled to collect telecommunications service surcharges according to regulations of the Government and the General Department of Tourism. These establishments shall have to announce and post up the surcharge rates to be applied in their establishments for the users to know.

14. To add the following paragraph to the end of Point 4.4.5:

Regarding the monthly payment of charges according to contracts, if there is no other agreement between service-providing enterprises and service-users, the time limit for charge payment shall be 15 days as from the date the users receive the first charge payment bill or notice.

15. Point 4.5.1 is amended as follows:

Enterprises providing telecommunications services may suspend the provision of part of the services if past the charge payment time limit prescribed at Point 4.4.5, the service- users still fail to fully pay the charge amounts inscribed in the charge payment bill or notice.

Enterprises providing telecommunications services may suspend the provision of the entire services if, 15 days after the expiry of the charge payment time limits prescribed at Point 4.4.5, the users fail to fully pay the charge amounts inscribed in the charge payment bill or notice.

The suspension of provision of a part or the entire of services prescribed at this Point must not apply to subscribed end-terminal equipment in direct service of urgent communication stipulated in Article 44 of the Government’s Decree No. 109/1997/ND-CP of November 12, 1997.

16. To add the following paragraph to the end of Point 5.5.5:

Permits shall be extended for only once and the extension duration shall not exceed one year.

17. To add the following paragraph to the end of Point 5.9.5:

Permits shall be extended for only once and the extension duration shall not exceed one year.

18. Point 5.13.1 is amended as follows:

Vietnamese agencies, organizations and enterprises as well as foreign agencies and organizations lawfully operating on the Vietnamese territory, if wishing to establish wireless private-use networks, wire-cum-wireless private-use networks, wire private-use networks with self-built transmission lines or specialized private-use networks, shall have to apply for permits for the establishment of private-use networks.

19. To add the following paragraph to the end of Point 5.14.5:

The extension duration or the total duration of extension times shall not exceed one year.

20. To add the following paragraph to the end of Point 5.19.3:

Enterprises wishing to extend the testing duration shall have to send dossiers of application for extension to the licensing agencies 15 days before the expiry date of their licenses.

Dossiers of application for extension shall include the application for extension, clearly stating the reasons therefor and a copy of the testing permit currently in force.

The licensing agencies shall expertise and consider the extension within 15 days after the date of receiving valid dossiers.

In case of refusal, the licensing agencies shall reply in writing, clearly stating the reasons therefor to the applying units within 15 days as from the date of receiving valid dossiers.

The extension duration or the total duration of extension times shall not exceed one year.

21. The provisions at Points 5.12.7, 5.14.7 and 5.19.6 on the address of the Region 3 Post and Telecommunications Department are amended as follows:

Region 3 Post and Telecommunications Department, No. 42 Tran Quoc Toan, Da Nang city.

This Circular takes effect 15 days after its signing.

In the course of implementation, if any troubles arise, they must be reported promptly to the General Department of Post and Telecommunications for consideration, amendment and supplementation.

General Director of Post and Telecommunications
MAI LIEM TRUC