What are procedures for elaboration of post and telecommunications service charges regarding charges applicable to service users in Vietnam?

What are procedures for elaboration of post and telecommunications service charges regarding charges applicable to service users in Vietnam? - image from internet

Pursuant to Subsection 1, Section IV of the Circular 07/2007/TT-NHNN guiding the implementation of regulations on the management of post and telecommunications service charges issued by the Ministry of Information and Communication, the procedures for elaboration of post and telecommunications service charges regarding charges applicable to service users in Vietnam are as follows:

1.1. For services on the list of those with their charge rates decided by the State

a/ When wishing or requested by the State to adjust charge rates for services on the list of those with their charge rates decided by the State, enterprises shall compile and submit dossiers of charge rate plans to the Ministry of Information and Communication.

b/ A dossier of charge rate plans comprises:

- The enterprises written request for adjustment of charge rates.

- The plan on the adjustment of service charge rates, including, but not limited to, the following contents:

+ Assessment of the provision of services during the period from the latest adjustment of charge rates to the intended time of adjustment;

+ Forecasts on market changes, the necessity of and grounds for the adjustment of charge rates;

+ Grounds and methods for, and explanations on, calculation of service costs; the specific plan on the adjustment of service charge rates;

+ Comparison between the current charge rates and the estimated charge rates and the charge rates of similar services in other countries in the region, especially ASEAN countries, and the world;

+ Analysis of the impacts of the adjustment of service charge rates on enterprises and service users;

+ Recommendations on measures for organizing the implementation.

c/ For services for which the Prime Ministers in-principle approval of charge rate plans is required, within 45 working days after the date of receiving a complete dossier as prescribed, the Ministry of Information and Communication shall consider and appraise the dossier, consult concerned ministries and branches and submit the dossier to the Prime Minister. After obtaining the Prime Ministers approval of charge rate plans, the Ministry of Information and Communication shall promulgate a decision on service charge rates within 20 working days.

d/ For services with their charge rates decided by the Ministry of Information and Communication:

- For services for which opinions of concerned ministries and branches are required, within 20 working days after receiving a complete dossier as prescribed, the Ministry of Information and Communication shall examine the dossier and consult concerned ministries and branches before promulgating a decision on service charge rates.

- For services for which opinions of concerned ministries and branches are not required, within 10 working days after receiving a complete dossier as prescribed, the Ministry of Information and Communication shall examine the dossier and promulgate a decision on service charge rates.

1.2. For services subject to the managerial mode of charge registration or quotation

The list of services subject to the managerial mode of charge registration or quotation shall be publicized by the Ministry of Information and Communication in the first quarter of each year or irregularly in accordance with Clause 2.4, Point 2, Section III, of this Circular.

a/ For services on the list of those subject to the managerial mode of charge registration

- When formulating or adjusting charge rates for services on the list of those subject to charge registration, enterprises shall make and send a dossier of charge registration to the Ministry of Information and Communication.

- A dossier of charge registration comprises:

+ An official letter signed and stamped by the head of the enterprise, clearly describing contents of services, names of the services and the expected time of application of new charge rates;

+ Grounds and methods of, and explanations on, the calculation of service costs; and a specific plan on the adjustment of charge rates;

+ Assessment of the impacts of the adjustment of service charge rates on the relevant service market or other related services;

+ The enterprises draft decision on service charge rates.

- The dossier of charge registration must be sent to the Ministry of Information and Communication at least 10 working days before the expected date of promulgation. Within five working days after receiving the enterprises complete dossier, the Ministry of Information and Communication shall issue a notice of approval or disapproval of the enterprises dossier of charge registration (clearly stating the reason for disapproval):

+ In case the enterprises charge registration dossier is approved by the Ministry, the enterprise shall promulgate a decision on charge rates within the levels already registered with the Ministry of Information and Communication;

+ In case the enterprises charge registration dossier is disapproved by the Ministry, the enterprise shall continue applying the current charge rates and, when necessary, carry out the re-registration of charges as prescribed.

b/ For services on the list of those subject to the managerial mode of charge quotation

- When adjusting charge rates for services on the list of those subject to charge quotation, enterprises shall elaborate charge rate plans, issue decisions on charge rates and send the charge quotations to the Ministry of Information and Communication as prescribed.

- A charge quotation dossier comprises: A written charge quotation and a decision on charge rates of services provided by the enterprise.

- The price quotation dossier must be send to the Ministry of Information and Communication no later than three days after the charge rate decision is issued by the enterprise.

- If detecting that the enterprises charge quotation dossier is incompliant with current regulations on management of service charges, the Ministry of Information and Communication shall document request in writing the enterprise to suspend the application of new charge rates for consideration and adjustment.

1.3. Reporting on charge rates

Before the 10lh of the first month every quarter, enterprises shall send reports on charge rates of post and telecommunications services they provide to the Ministry of Information and Communication.

Above are procedures for elaboration of post and telecommunications service charges regarding charges applicable to service users in Vietnam. Please refer to the Circular 07/2007/TT-NHNN for more details.

Best regards!