Laws of Vietnam

DECISION No. 99/1998/QD-TTg OF MAY 26, 1998 ON THE MANAGEMENT OF POST AND TELECOMMUNICATION PRICES AND CHARGES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

At the proposal of the General Director of the General Department of Post and Telecommunications,

DECIDES:

Article 1.- This Decision stipulates the unified State management over post and telecommunication prices and charges, including the prices and charges for domestic and international post and telecommunication services.

Article 2.- The post service charges include charges for services of delivering, dispatching mails, money and parcels, distributing newspapers, printed matters and other services via the postal operation network. The telecommunication service prices and charges including charges for information transmitting, recording and supplying services, prices of telephone installation via the telephone network, telegraphs, telex, Internet, communication channels and other services of the telecommunication operation network.

Article 3.- Principles for setting post and telecommunication prices and charges:

1. The prices and charges for post and telecommunication services of the post and telecommunication branch shall be set in conformity with the socio-economic policies of the Party and the State; in conformity with international agreements signed or acceded to by Vietnam; to meet the requirements of developing the national post and telecommunication infrastructure.

2. The post and telecommunication prices and charges shall be set on the basis of the product or service prices, ensuring that the enterprises can cover costs, make reasonable profits and fulfill obligations towards the State budget, being suited to the users' payment capability and encouraging healthy competition.

3. The international post and telecommunication prices and charges shall be determined in the US dollar (USD), applicable to all Vietnamese organizations and individuals, foreign organizations and individuals working in Vietnam, shall be collected in USD of in Vietnam dong at the official exchange rate announced by the State Bank of Vietnam at the time of collection.

Article 4.- Tasks and competence in the management of post and telecommunication prices and charges

1. The Prime Minister:

a/ Deciding the strategies, policies, mechanisms and principles for setting domestic and international post and telecommunication prices and charges;

b/ Deciding or authorizing the General Director of the General Department of Post and Telecommunications, the heads of the concerned ministries and branches to negotiate and sign multilateral or bilateral international agreements on post and telecommunication prices and charges;

c/ Authorizing the General Director of the General Department of Post and Telecommunications to decide the domestic standard charges for ordinary mails of up to 20 grams in weight; telex and telephone charges.

2. The Government Pricing Committee:

a/ Evaluating the projects of the General Department of Post and Telecommunications on the policies, mechanisms, principles for setting post and telecommunication prices and charges for submission to the Prime Minister. Evaluating the options on standard charges of post and telecommunication services mentioned in Point c, Item 1, Article 4 prepared by the General Department of Post and Telecommunications and submitting them to the Prime Minister;

b/ After consulting the Ministry of Finance and the concerned branches, deciding the charges for services which are paid with the budget sources:

- Charges for transmitting Nhan Dan (People) and Quan Doi Nhan Dan (People's Army) newspapers;

- Charges for domestic radio and television broadcasting;

- Charges for distributing Nhan Dan and Quan Doi Nhan Dan newspapers.

c/ Coordinating with the General Department of Post and Telecommunications in controlling, when necessary, the production costs of the post and telecommunication enterprises;

d/ Organizing or coordinating with the General Department of Post and Telecommunications in inspecting, supervising and handling violations of post and telecommunication prices and charges in accordance with the provisions of law.

3. The General Department of Post and Telecommunications:

a/ Formulating policies, mechanisms and principles for setting domestic and international post and telecommunication prices and charges and submitting them to the Prime Minister;

b/ Formulating options on the standard charges of services mentioned in Point c, Item 1, Article 4 and submitting them to the Prime Minister;

c/ Being authorized by the Prime Minister to decide the domestic standard charges for ordinary mails of up to 20 grams in weight, telegraph and telephone charges.

d/ Being authorized by the Prime Minister to negotiate and sign multilateral or bilateral international agreements on post and telecommunication prices and charges;

e/ After consulting the Government Pricing Committee, setting the price and charge brackets or specific prices and charges for the following services:

- Specifying the standard charge levels for services mentioned in Point c, Item 1, Article 4 of this Decision;

- The price bracket for telephone installation;

- The telephone package-hiring charge bracket or specific charges and intra-area telephone charges;

- Data transmission.

f/ Setting the charge bracket or charges for the following services:

- Mobile phone;

- Charges for hiring domestic or international long-distance telephone channel;

- Internet;

- Domestic long-distance calls;

- Outbound international letters and telephone calls;

- Domestic parcels.

g/ Guiding and directing post and telecommunication enterprises:

- To fulfill international commitments and obligations, ensuring the interests of the State, their interests and the interests of post and telecommunication service users.

- To draw up options on the prices and charges for services under the deciding competence of the General Department of Post and Telecommunications or the Government Pricing Committee.

h/ Setting the prices or price brackets for payment between enterprises jointly engaged in the provision of post and telecommunication services;

i/ Laying down the principles for the exemption and/or reduction of post and telecommunication charges for service users after consulting the Government Pricing Committee;

j/ Laying down the principles and adopting the policies on international payment charges between Vietnamese post and telecommunication enterprises and international post and telecommunication organizations; ensuring the national interests and the enterprises' interests in conformity with international practices and agreements which have been signed or acceded to by Vietnam;

k/ Defining the mechanism for management of post and telecommunication service charges with regard to organizations which are permitted to resell such services in accordance with the provisions of law;

l/ Deciding to suspend the implementation of or cancel the enterprises' decisions on post and telecommunication prices and charges if such decisions are contrary to the State regulations;

m/ Setting, in agreement with the Vietnam Civil Aviation Department, charges for air transportation of postal matters;

n/ Assuming the prime responsibility and coordinating with the Government Pricing Committee in supervising, when necessary, the production costs of post and telecommunication enterprises;

o/ Organizing the inspection, supervision and handling of violations of prices and charges in accordance with current provisions of law.

4. Post and telecommunication enterprises:

a/ Abiding by the prices and charge rates set by the competent agencies. Complying with the State prescriptions on the management of post and telecommunication prices and charges.

b/ Drawing up options on post and telecommunication prices and charges or price or charge brackets and submitting them to the General Department of Post and Telecommunications for decision or proposing them to the Government Pricing Committee for decision according to its competence.

c/ Basing themselves on the price and charge brackets and guiding documents of the General Department of Post and Telecommunications and the Government Pricing Committee to decide the specific prices and charge levels for post and telecommunication products and services; deciding and guiding the application of prices and charges for post and telecommunication services outside the list prescribed by the State.

Article 5.- Posting up post and telecommunication prices and charges

Post and telecommunication enterprises, agents, restaurants, hotels and other organizations which are permitted to resell post and telecommunication services shall have to post up openly and clearly prices and charges appropriate to the services provided.

Article 6.- This Decision takes effect 15 days after its signing, the previous provisions which are contrary to this Decision are hereby annulled.

The General Director of the General Department of Post and Telecommunications and the head of the Government Pricing Committee shall have to guide the implementation of this Decision.

Article 7.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

NGUYEN TAN DUNG