THE MINISTRY OF INFORMATION AND COMMUNICATION
SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
 
No. 02/2007/TT-BTTTT
Hanoi, December 13, 2007
CIRCULAR
GUIDING THE IMPLEMENTATION OF REGULATIONS ON MANAGEMENT OF POST AND TELECOMMUNICATIONS SERVICE CHARGES
Pursuant to the December 3, 2004 Competition Law;
Pursuant to the April 26, 2002 Pricing Ordinance;
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;
Pursuant to the Governments Decree No. 157/2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post;
Pursuant to the Governments Decree No. 160/2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding telecommunications;
Pursuant to the Prime Ministers Decision No. 39/2007/QD-TTg of March 21, 2007, on the management of post and telecommunications service charges;
The Ministry of Information and Communication guides the implementation of regulations on the management of post and telecommunications service charges as follows:

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I. GENERAL PROVISIONS
1. Scope and subjects of regulation
1.1. This Circular guides the principles on service charge management; grounds for setting charge rates; modes of service charge management; competence and order of, and procedures for, determination of charge rates for post services, delivery services, telecommunications services and Internet services (referred collectively to as post and telecommunications services).
1.2. This Circular applies to organizations and individuals engaged in the management, provision and use of post and telecommunications services.
2. Interpretation of terms
2.1. Charges applicable to users of post and telecommunications services are charges which service users pay to post and telecommunications enterprises when using services provided by these enterprises.
2.2. Charges applied among post and telecommunications enterprises are charges to be paid among post and telecommunications service-providing enterprises when one enterprise uses another enterprises network for service connection or transition.
2.3. Enterprises holding dominant market shares are enterprises which have their turnover or output accounting for 30% or more of the service market in their permitted localities and might have a direct impact on other enterprises participation in the relevant service market.
2.4. Groups of enterprises holding dominant market shares are enterprises jointly committing anti-competitive practices and causing direct impacts on other enterprises participation in the relevant service market which fall into one of the following cases:
- Two enterprises having a total share (turnover or output) of 50% or more on the relevant service market in localities where they are licensed to provide services;

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- Three enterprises having a total share (turnover or output) of 65% or more on the relevant service market in localities where they are licensed to provide services;
- Four enterprises having a total share (turnover or output) of 75% or more on the relevant service market in localities where they are licensed to provide services.
II. PRINCIPLES ON THE MANAGEMENT, GROUNDS FOR DETERMINATION AND MODES OF MANAGEMENT OF POST AND TELECOMMUNICATIONS SERVICE CHARGES
1. Principles on charge management
1.1. The State respects post and telecommunications service-providing enterprises rights to self-determination of charges and charge-based competition as prescribed by law.
1.2. The management and determination of charges must ensure the harmony between lawful rights and interests of services users, post and telecommunications enterprises and the States interests.
1.3. To boost fair competition while ensuing public post and telecommunications activities.
1.4. Equality and non-discrimination in the management and determination of charges applicable to service users.
1.5. In case of necessity, the State may apply different charge management modes to post and telecommunications service-providing enterprises in order to encourage new enterprises to participate in the market.
 

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