| THE PRIME MINISTER OF GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 39/2007/QD-TTg | Hanoi , March 21, 2007 |
DECISION
ON THE MANAGEMENT OF POST AND TELECOMMUNICATIONS SERVICE CHARGES
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the April 26, 2002 Pricing Ordinance;
At the proposal of the Minister of Post and Telematics,
DECIDES:
Article 1.- Scope and subjects of application
1. This Decision provides for the management of post and telecommunications service charges and pricing activities of organizations and individuals engaged in the provision and use of post and telecommunications services.
2. This Decision applies to organizations and individuals that provide or use post and telecommunications services in Vietnam.
3. Where a treaty to which the Socialist Republic of Vietnam has signed or acceded contains provisions different from those of this Decision, that treaty prevails.
Article 2.- Principles on management of post and telecommunications services
1. To apply the market mechanism, boost fair competition and promote enterprises' right to autonomy.
2. To ensure equality and non-discrimination among service users; to encourage new enterprises to participate in the market; and to ensure public post and telecommunications services.
3. To ensure legitimate rights and interests of service users and post and telecommunications enterprises; to secure the State's interests and national sovereignty.
Article 3.- Contents of state management of post and telecommunications service charges
1. Promulgating mechanisms and policies on post and telecommunications service charges to meet socio-economic development requirements in each period and directing and organizing the uniform implementation of these mechanisms and policies nationwide.
2. Promulgating legal documents on post and telecommunications service charges.
3. Setting charge rates of important and monopolized post and telecommunications services;
4. Conducting supervision, examination, inspection and handling of violations under the provisions of law on management of post and telecommunications service charges and pricing activities related to post and telecommunications service charges.
5. Organizing and managing the supply of information and forecasts on post and telecommunications service charges in the domestic and world markets.
Article 4.- Grounds for determination of post and telecommunications charges
1. National socio-economic development objectives and tasks, and development objectives and tasks of the post and telecommunications industry in each period.
2. International commitments to which Vietnam has signed or acceded.
3. Production costs and supply-demand relations on the market.
4. Charge rates of similar services in the regional and world markets.
Article 5.- Competence of state management of post and telecommunications service charges
1. The Prime Minister
a/ To promulgate mechanisms and policies on the management of post and telecommunications service charges;
b/ To approve charge rates for domestic non-registered mails of up to 20 grams and local telephone services.
2. The Minister of Post and Telematics
a/ To propose the Prime Minister to promulgate mechanisms and policies on the management of post and telecommunications service charges and approve charge rates for services defined at Item b, Clause 1, of this Article.
b/ To provide and publicize criteria and contents of charge management and make a list of post and telecommunications services provided by enterprises holding dominant market shares in accordance with the Competition Law.
c/ The Minister of Post and Telematics shall, basing himself/herself on the charging principles and the charge rates approved by the Prime Minister, set:
- Charge rates for services defined at Item b, Clause 1, of this Article; charge rates for interconnection among telecommunications enterprises;
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