Regulations on public-utility telecommunications activities in Vietnam

Regulations on public-utility telecommunications activities in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Public-utility telecommunications activities in Vietnam

- Public-utility telecommunications activities mean the provision of public-utility telecom­munications services and the performance of state-assigned public-utility telecommunications tasks.

- Public-utility telecommunications services include universal telecommunications services and mandatory telecommunications services.

Universal telecommunications service means a telecommunications service provided to all people according to the service list, conditions, quality and charge rates prescribed by the State.

Mandatory telecommunications service means a telecommunications service provided at the request of the State in order to assure information and communications in cases of emergency under law.

- The financial source for the provision of public-utility telecommunications services comes from the Vietnam Fund for Public-Utility Telecommunications Services; the financial source for the performance of state-assigned public-utility telecommunications tasks comes from the slate budget.

- The selection of providers of public-utility telecommunications services shall be conducted through order placement, bidding or plan assignment.

(Article 20 of the Law on Telecommunications 2009)

2. Management of public-utility telecommunications activities in Vietnam

- The Prime Minister shall approve programs on provision of public-utility telecommunications services in line with the national plan on telecommunications development; and specify public-utility telecommunications tasks funded by the state budget.

- The Ministry of Information and Communications shall:

+ Assume the prime responsibility for. and coordinate with the Ministry of Finance in. formulating programs on provision of public-utility telecommunications services and submitting them to the Prime Minister for approval:

+ Promulgate a list of public-utility telecom­munications services: their quality, charge rates and eligible beneficiaries: and the scope of provision of public-utility telecommunications services:

+ Work out and organize the implementation of annual plans on provision of public-utility telecommunications services:

+ Manage and inspect the provision of public-utility telecommunications services and the performance of public-utility telecommuni­cations tasks by telecommunications businesses.

(Article 21 of the Law on Telecommunications 2009)

3. The Vietnam Fund for Public-Utility Telecommunications Services

- The Fund for Vietnamese Public-Utility Telecommunications Services is a state financial institution which operates not for profits in support of implementation of state policies on provision of public-utility telecommunications services.

- The Fund for Vietnamese Public-Utility Telecommunications Services is raised from the following sources:

+ Contributions in proportion to turnover from telecommunications services of telecommunications businesses;

+ Aid, financial aid and voluntary contributions of domestic and foreign organizations and individuals;

+ Other lawful sources.

+ The Prime Minister shall decide on the setting up of the Fund for Vietnamese Public-Utility Telecommunications Services and formulate the mechanism for contribution and use of the Fund's financial sources.

- The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Information and Communications in. promulgating regulations on accounting, collection and remittance of contributions to the Fund for Vietnamese Public-Utility Telecom­munications Services and the regulation on financial management of the Fund for Vietnamese Public-Utility Telecommunications Services.

(Article 22 of the Law on Telecommunications 2009)

4. Prohibited acts in telecommuni­cations activities in Vietnam

- Taking advantage of telecommunications activities to act against the State of the Socialist Republic of Vietnam; causing harm to the national security and social order and safety; undermining the all-people great solidarity; propagating war of aggression: sowing haired and conflict among nations, ethnicities and religions: propagating and disparaging violence, debauchery, depraved lifestyle, crimes, social evils and superstitious practices; breaching the nation's fine customs and traditions.

- Disclosing state secrets; military, security, economic, external secrets and other confidential information specified by law.

- Stealthily retrieving, eavesdropping on or accessing without permission information on telecommunications networks; hacking and using without permission telecommunications resources, passwords, keywords and private information of other organizations and individuals.

- Spreading information to distort, slander or bringing down the prestige of organizations or honor and dignity of individuals.

- Advertising, propagating or trading in goods or services banned by law.

- Illegally obstructing, disrupting or undermining the establishment of the telecommunications infrastructure, the lawful provision
and use of telecommunications services.

(Article 12 of the Law on Telecommunications 2009)

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