Thông tư 08/2016/TT-BTTTT

CIRCULAR

GUIDES THE IMPLEMENTATION OF PROGRAM OF PUBLIC UTILITY TELECOMMUNICATIONS SERVICES SUPPLY BY 2020

Pursuant to the Telecommunications Law dated 23/11/2009;

Pursuant to Decree No. 25/2011 / ND-CP dated 06/4/2011 of the Government detailing and guiding the implementation of some articles of the Telecommunications Law;

Pursuant to Decree No. 132/2013/ND-CP dated 16/10/2013 of the Government defining the functions, duties, power and organizations structure of the Ministry of Information and Communications;

Pursuant to Decision No. 11/2014 / QD-TTg dated 27/01/2014 of the Prime Minister on the organization and operation of the Vietnam public utility telecommunications service Fund;

Pursuant to the Decision No. 1168/QD-TTg dated 24/7/2015 of the Prime Minister approving the Program of public utility telecommunications services supply by 2020;

At the request of the Director of Enterprise Management Department,

The Minister of Information and Communications issues this Circular to guide the implementation of Program of public utility telecommunications services supply by 2020;

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the implementation of Program of public utility telecommunications services supply by 2020 which has been approved in the Decision No. 1168/QD-TTg dated 24/7/2015 of the Prime Minister (hereafter referred to as Program).

Article 2. Subjects of application

1. The telecommunications bodies, organizations and enterprises participate in implementation of Program

2. The beneficiaries of the Program.

Chapter II

SPECIFIC PROVISIONS

Section 1. SUPPORT FOR SETUP OF TELECOMMUNICATION INFRASTRUCTURE

Article 3. Duties and contents to support the setup of telecommunication infrastructure

The duties to support the setup of telecommunication infrastructure include:

1. Support for investment in building the optical fiber network containing up to 24 strands of fiber to set up the broadband transmission system to the communes which have no broadband transmission connection;

2. Support for investment in building the optical fiber network containing up to 24 strands of fiber and 05 cables to set up the fixed broadband access network in each commune which does not have it yet.

3. Support for investment in building up to three 3G base transceiver stations in each commune in mountainous areas and islands and up to two 3G base transceiver stations in plain commune to set up the mobile broadband access network in the ccmmunes which do not have it yet.

4. Support for investment in 03 computers, 03 UPSs, 01printer or scanner, 01 LAN switch, tables and chairs and initial installation charges at each Point to establish 500 Points of public Internet access in communes with low percentage of households as subscribers using the fixed broadband Internet access services and without points of public Internet access.

Article 4. Making the List of investment project for setup of telecommunications infrastructure

1. Based on the instructions of the Ministry of Information and Communications and the Form 01/HT in the Appendix issued with this Circular:

a) The provincial People’s Committee shall coordinate with the telecommunications enterprises to make the List, the preliminary Total investment and the explaination of projects in localities and perform duties specified in Paragraphs 1, 2 and 3, Article 3 of this Circular;

b) The telecommunications enterprises to make the List, the preliminary Total investment and the explaination of projects and perform duties specified in Paragraph 4, Article 3 of this Circular;

2. Based on the List, the preliminary Total investment and the explaination of projects of the provincial People’s Committee and recommended by the enterprises, the Management Board of the Program of public utility telecommunications services supply (hereafter referred to as Program Management Board) shall summarize and determine the projects according to the following main criteria:

a) Consistency with the development planning and plan of sectors, localities and telecommunications enterprises;

b) Project scale is in line with the implementation progress and funding of the Program;

c) Characteristics and conditions of locality;

d) Geographical location of the venue to perform duties;

dd) Reality of telecommunications network infrastructure;

e) Independence in implementation of project and management, operation and exploitation after investment.

3. The Program Management Board shall submit the List and the preliminary Total investment of projects for the entire Program to the Ministry of Information and Telecommunications for approval.

Article 5. Making investment plan

Based on the List and the preliminary Total investment of approved projects and funding for Program implementation, the Program Management Board shall submit the Plan for investment of projects and their capital to the Ministry of Information and Telecommunications as follows:

1. In 2016, approving the Plan for investment of projects which shall be commenced from 2016 to 2018.

2. In 2018, approving the Plan for investment of projects which shall be commenced in 2019 and 2020.

Article 6. Selecting the investor

1. Criteria and Conditions for investor selection

a) Funding requested for support and Total project investment;

b) Estimated time for project implementation;

c) Requirements for technology, engineering, standards and quality of project;

d) Proportion of telecommunications network infrastructure in localities;

dd) Funding to support one enterprise to set up the telecommunications infrastructure in the whole Program must not exceed 70% of total funding for investment in setup of the telecommunications infrastructure of the Program.

2. Based on the approved investment plan, the Program Management Board shall prepare and send dossier to invite the participation registration to the enterprises under the Form No. 02/HT in the Appendix issued with this Circular.

3. The enterprises shall send the dossier for participation registration to the Program Management Board under the Form No. 03/HT in the Appendix issued with this Circular.

4. Based on the criteria for investor selection and the dossier for participation registration, the Program Management Board shall submit it to the Ministry of Information and Telecommunications to approve the investor for each project.

5. Where there is only one enterprise which participates and meets the requirements of dossier for participation registration, the Ministry of Information and Telecommunications shall appoint that enterprise as project investor.

6. In case of failure to select the enterprise as stipulated in Paragraph 4 and 5 of this Article, the Ministry of Information and Telecommunications shall assign an enterprise to be the investor based on some main criteria: Capacity of network and finance of enterprise and reality of telecommunications infrastructure in localities.

Article 7. Project mplementation and management

1. The investor shall set up the project and submit it to the Ministry of Information and Telecommunications for approval.

2. The investor shall implement and manage the investment project as stipulated by law on investment, bidding, construction and other relevant laws.

3. Advance, payment and finalization

a) The advance, payment and finalization shall comply with the regulations of law;

b) The Vietnam public utility telecommunications service Fund or the unit authorized to allocate the funding of the Program shall advance and pay the support funding in accordance with regulations of law and financial management of the Fund.

4. The investor shall receive and manage the assests as stipulated by law.

5. Annually, the enterprise (Investor) shall make the plan for major repair/upgrading of assets specified in Paragraph 4 of this Article and sends it to the Ministry of Information and Telecommunications for review and allocation of funding from the Program for prescribed implementation.

Section 2. SUPPORT FOR PUBLIC UTILITY TELECOMMUNICATIONS SERVICES

Article 8. Public utility telecommunications services

1. The compulsory public utility telecommunications services include:

a) The urgent public utility telecommunications services (calling the urgent service numbers, including the service numbers of police 113, fire rescue 114 and health emergency 115);

b) The maritime mobile public utility telecommunications services for search and rescue at sea through the coastal information station system;

c) The satellite mobile public utility telecommunications services for direction and operation of natural disaster prevention and control.

2. The general public utility telecommunications services include:

a) The public utility telecommunications services supporting the lookup of number of fixed telephone subscribers (Number 116 supporting the lookup of number of subscribers of terrestrial fixed telecommunications network)

b) The public utility telecommunications services for postpaid terrestrial fixed telephone;

c) The public utility telecommunications services for postpaid terrestrial mobile communication;

d) The maritime mobile public utility telecommunications services for fishing boats at sea via the coastal information station system;

dd) The public utility telecommunications services for postpaid fixed broadband internet access.

e) The public utility telecommunications services for terrestrial fixed leased line;

g) The public utility telecommunications services for transmission of television signals via satellite VINASAT;

h) The public utility telecommunications services leasing fiber-optic transmission line by the fiber optic infrastructure of Vietnam Electricity.

Article 9. Beneficiary subjects

1. The subjects are entitled to the charge of public telecommunications services:

a) The users of local terrestrial fixed telephone make a call to urgent service numbers within local range;

b) Vietnamese fishermen on boats fishing at sea use the maritime mobile public utility telecommunications services via the coastal information station system for activities of search and rescue at sea;

c) Members of the Central Steering Committee for natural disaster prevention and control services use the satellite public utility telecommunications services for direction, operaton for natural disaster prevention and control;

d) Users of public utility telecommunications services of local terrestrial fixed telephone to call the assistance service number for lookup of terrestrial fixed telephone numbers.

dd) Poor households or nearly-poor households according to the national poverty and near poverty standards using the public utility telecommunications services of postpaid terrestrial fixed telephone or postpaid terrestrial mobile communication services;

e) Vietnamese fishermen on boats fishing at sea use the maritime mobile public utility telecommunications services via the coastal information station system;

g) Schools, hospitals and communal People’s Committee use the public utility telecommunications services according to regulations for postpaid terrestrial fixed broadband internet access;

h) Satellite hospitals and higher-level hospitals in the satellite hospital Scheme for the period 2013-2020 under the Decision No. 774/QD-BYT dated 11/3/2013 of the Minister of Health on using the public utility telecommunications services with terrestrial fixed leased line 2Mbps with backup to connect the satellite hospitals with the higher-level hospitals of the group;

i) The provincial-level radio and television stations which are not financially independent use the public utility telecommunications transmission services to promote a local television program channel using Ku band of VINASAT satellite to broadcast the television programs for essential political duties and propaganda information of localities to the mountainous areas, border areas, islands, concave areas which cannot not receive terrestrial digital television signals easily.

2. The subjects are entitled to the support of public utility telecommunications services

a) The elecommunications enterprises providing services for the beneficiaries specified in Paragraph 1 of this Article;

b) The telecommunications enterprises providing the public internet access services within the Program of public utility telecommunications services supply by 2020 according to the Decision No. 1168/QD-TTg dated 24/7/2015 of the Prime Minister;

c) The telecommunications enterprises leasing the fiber optic cable of the units of the Vietnam Electricity to connect from the mainland to the administrative center of the island districts of Cat Hai, Co To, Ly Son, Phu Quoc, Van Don.

Article 10. Principles of support

1. The list, beneficiaries, range, charges, rate and time of support shall comply with the regulations of the Ministry of Information and Communications on the list, beneficiaries, range, quality, charges, charge frame and supporting rate for supply of public telecommunication services by 2020.

2. The beneficiaries specified under Points a, b, c, Article, Paragraph 1, Article 9 of this Circular shall not be included in the list of beneficiaries.

3. The beneficiaries specified under Points dd, e, g, h, I, Paragraph 1 of Article 9 and the public internet access points specified under Point b, Paragraph 2, Article 9 of this Circular shall be included in the list of beneficiaries and this list is confirmed by the Department of Information and Communications.

a) The beneficiaries arising in the quarter in addition to the approved list of beneficiaries, the enterprises shall summarize and report them to the Department of Information and Communications for confirmation to support them in the subsequent quarter;

b) The beneficiaries in the list of beneficiaries registering the stoppage of support, the enterprises shall summarize and report them to the Department of Information and Communications and stop supporting them.

c) The funding supporting the Department of Information and Communications to confirm the beneficiaries shall comply with the regulations of the Ministry of Finance.

4. The beneficiaries are funded in fact, irrespective of annual supply plan and funding estimate of public utility telecommunications services (hereafter referred to as funding Estimate).

Article 11. Making and confirmation of list of beneficiaries

1. Registering support

a) The beneficiaries specified under Points dd, g, h, i, Paragraph 1, Article 9 of this Circular register support with the telecommunications enterprises or their member units or subordinate units under the supporting statements in the Form No. 01/DV in the Appendix issued with this Circular;

b) The beneficiaries specified under Point e, Paragraph 1, Point b, Paragraph 2, Article 9 of this Circular shall not have to register support, the enterprises shall make and send the list of beneficiaries to the Department of Information and Communications under the supporting statements in the Form 02/DV in the Appendix issued with this Circular;

2. Making the list of beneficiaries

a) The telecommunications enterprises shall make and send the list of beneficiaries to the Department of Information and Communications under the supporting statements in the Form 02/DV in the Appendix issued with this Circular;

b) The telecommunications enterprises choose only one subscriber or a charge package or a leased line or a program channel last registered for one benficiary when such beneficiary registers more than subscriber or charge package or a leased line or a program channel.

3. Confirming the list of beneficiaries

a) The Department of Information and Communications shall verify and confirm the lists of beneficiaries to ensure the correct beneficiaries as stipulated by the Ministry of Information and Communications about the list, beneficiaries, range, charges and supporting rate for supply of public telecommunication services by 2020.

b) Where the beneficiaries register support with many enterprises, the Department of Information and Communications shall confirm the enterprises last registered is the enterprise which supports those beneficiaries;

c) The Department of Information and Communications sends the list of beneficiaries confirmed by the supporting statements in the Form 02/DV in the Appendix issued with this Circular to the Program Management Board;

4. Updating the arising beneficiaries

a) On a quarterly basis, the enterprises shall make a list of arising beneficiaries in the quarter and send it to the Department of Information and Communications before the 15^th date of the subsequent quarter;

b) Within 10 days after receiving the list of arising beneficiaries, the Department of Information and Communications shall confirm and send the list to the Program Management Board.

Article 12. Making the annual plan and funding estimate

1. Before 30/9 of each year, based on the instructions of the Ministry of Information and Communications, the confirmed list of beneficiaries and the reality of public utility telecommunications supply services of implementation year, the enterprises shall make a funding plan and estimate and send them to the Program Management Board according to the supporting statements in in the Form 03/DV in the Appendix issued with this Circular;

2. Before 31/10 of each year, the Program Management Board shall submit the funding plan and estimate of the enterprises to the Ministry of Information and Communications for approval.

3. In 2016, the enterprises shall make a funding plan and estimate after this Circular is issued.

Article 13. Order contract

1. Before 01/01 of each year, based on the approved funding plan and estimate, the Program Management Board and the enterprises shall negotiate and sign the order contract for public utility telecommunications services supply (hereafter referred to as Contract) in Form 04/DV in the Appendix issued with this Circular;

2. The enterprises shall provide the public utility telecommunications services according to the contents of the signed Contract.

Article 14. Acceptance, settlement and finalization of order contract

1. Within the first 20 days of quarter, the enterprises shall make report on public utility telecommunications services supply of the previous quarter according to the supporting statements in the Form No. 05/DV in the Appendix issued with this Circular and send it to the Program Management Board.

2. Within 30 days after receiving the report on public utility telecommunications services supply of the previous quarter, the Program Management Board shall make a record to determine the output and support funding according to the supporting statements in the Form No.06/DV in the Appendix issued with this Circular and send it to the Vietnam public utility telecommunications service Fund for advance and payment of support funding.

3. Before 31/3 of each year, the Program Management Board and the enterprises shall make a record of acceptance and record of contract finalization of the previous year according to the supporting statements in the Form No.07/DV in the Appendix issued with this Circular.

4. The settlement of support funding shall comply with the laws.

Section 3. SUPPORT FOR DIGITAL TELEVISION RECEIVER

Article 15. Subject, condition, mode, content, area and time for support

1. Subjects to be supported: The poor households and nearly-poor households according to the national standards of poverty and near poverty approved by the competent authorities at the time of supporting the dingital television receiver and within the supported areas.

2. Conditions for receipt of support

a) The poor households and nearly-poor households which are using televisions with similar technology without built-in digital TV receive features of DVB-T2 standard, without DVB-T2 digital receiver or have not used any form of paid television such as cable television, satellite television, internet television (IPTV) during the time of support in localities.

b) Application for supporting the digital television receiver with certification of poor or nearly-poor households of the competent authorities of communes, wards or townlet under the Form No. 01/THS in the Appendix issued with this Circular.

3. Supporting mode and content

Each poor or nearly-poor household shall receive one time 01 terrestrial or satellite digital television receiver with compatible antenna and connection cable with a maximum length of 15m (for external receiving mode) completely installed with warranty of at least 12 months from the date the household receives the digital television receiver.

4. Supported area

The supported area is the area where the households receiving the television signals shall be affected when the television stations stop broadcasting the terrestrial similar television and switch to broadcast the terrestrial or satellite digital television by each stage announced by the Ministry of Information and Communications.

5. Time for support

The time for support is in line with the roadmap of scheme of digitalization of transmission and terrestrial television broadcasting by 2020 specified in Decision No. 2451/QD-TTg dated 27/12/2011 by the Prime Minister and the implementation plan of the Steering Committee for scheme of Vietnam television digitalization by each stage.

Article 16. Making plan and estimate of support funding

1. Before 30/09 of each year, based on the instructions of the Ministry of Information and Communications, the provincial People’s Committee shall make and send the plan and estimate of support funding for digital television receivers under the Forms 02/THS, 03/THS, 04/THS, 05/THS in the Appendix issued with this Circular to the Ministry of Information and Communications.

2. Before 31/10 of each year, the Program Management Board shall summarize and submit the plan and estimate of support funding for digital television receivers to the Ministry of Information and Communications.

Article 17. Implementation of project of digital televisions receiver procurement and installation

1. Based on the approved plan and estimate of support funding for digital television receivers, the Ministry of Information and Communications shall select its subordinate unit to be the investor for implementation and management of digital televisions receiver procurement.

2. The unit selected to be the investor shall develop and submit the project to the Ministry of Information and Communications and organize the bidding of digital televisions receiver procurement according to regulations of law on investment and bidding for the approved projects and finalize the investment project.

3. The provincial People’s Committee shall direct, organize and coordinate with the investor and contractor to distribute the digital televisions receivers properly, promptly and directly to the beneficiaries according to regulations of law.

4. The provincial People’s Committee shall confirm the list of beneficiaries who have received the digital televisions receivers in localities under the Forms No. 06/THS and 07/THS in the Appendix issued with this Circular.

5. The Vietnam public utility telecommunications service Fund for or the unit authorized to allocate the funding of the Program shall advance and pay completely and on schedule the support funding for digital televisions receivers in accordance with regulations of law and financial management of the Fund.

6. The funding for implementation, inspection, monitoring and confirmation of support for digital televisions receivers under the duties of localities shall be deducted from the local budget and other legal sources.

7. Based on the capacity of local budget and other legal sources, the provincial People’s Committee shall decide on the support for digital televisions receivers to the poor and nealy-poor households according the local standards of poverty and near poverty and the subjects of social policies.

Section 4. IMPLEMENTATION OF OTHER DUTIES

Article 18. Other duties

1. Implement the solutions to ensuring the safe and reliable communications in network setup and supply of telecommunications services to the community under the direction of government at various levels;

2. Support the setup of electronic portal of the People’s Committee at various levels and online public services on the portal to serve people, focusing on the remote areas, disadvantaged areas, border areas and islands.

3. Support to equip the terrestrial digital televisions receivers to broadcast the program channels for essential political duties and propaganda information in the remote areas, disadvantaged areas, border areas and islands.

4. Support the setup of electronic portal and call center for support, advice and supply of information on television digitalization.

5. Support the funding for survey of receiving and watching mode and propagate the transmission digitalization and terrestrial television broadcasting by 2020.

Article 19. Implementation order

1. The Ministry of Information and Communications shall guide the preparation and approve the plan and funding estimate to support the implementation of duties.

2. The units selected and assigned to carry out their duties must comply with the regulations of law.

Chapter III

INSPECTION, MONITORING, REPORT AND IMPLEMENTATION

Article 20. Inspection, monitoring, report

1. Inspection and monitoring

a) On the annual basis, the Program Management Board shall make the plan and content of regular and irregular inspection and submit it to the Ministry of Information and Communications for approval; coordinate with the Ministries, provincial People’s Committee, enterprises and its relevant units to inspect the implementation of projects and contracts;

b) On the annual basis, the People’s Committee of provinces and centrally-run cities shall organize and coordinate to carry out the regular and irregular inspection under the inspection plan of the Ministry of Information and Communications or according to the local management requirements.

c) The Department of Information and Communications shall recommend the plan and content of inspection and assist the provincial People’s Committee to direct the relevant Departments, sectors and units to organize or coordinate to carry out the regular and irregular inspection over the projects and contracts.

d) The organizations and enterprises participating in the Program shall organize and coordinate coordinate to carry out the regular and irregular inspection over the contents of the Program according to the current regulations.

2. Reporting

a) The People’s Committee of provinces and centrally-run cities shall define the reporting regulation on Program implementation in their areas.

b) The Department of Information and Communications, the Vietnam public utility telecommunications service Fund, the Program Management Board, the organizations and enterprises participating in the Program must make regular and irregular report according to regulations.

c) The Forms of regular report specified in the Forms 01/BC, 02/BC, 03/BC in the Appendix issued with this Circular. The irregular reports shall be guided by the Ministry of Information and Communications during the implementation of the Program.

d) The organizations and enterprises participating in the Program shall make their regular reports under the Forms specified under Point c, Paragraph 2, Article 20 of this Circular and the irregular reports shall be guided by the Ministry of Information and Communications during the implementation.

3. The Ministry of Information and Communications shall make the preliminary and final summary of the Program and make report to the Prime Minister and the relevant Ministries and sectors.

Article 21. Implementation

1. This Circular takes effect from 15/5/2016.

2. Chairman of People’s Committee of provinces and centrally-run cities, Chief of ministerial Office, Head of ministerial bodies and relevant bodies, organizations and enterprises are liable to execute this Circular.

3. Any problem arising during the implementation of this Circular should be promptly reported to the Ministry of Information and Communications for study and settlement./.