Laws of Vietnam

CIRCULAR No. 03/1998/TT-TCBD OF AUGUST 14, 1998 GUIDING THE IMPLEMENTATION OF DECREE No. 109/1997/ND-CP OF THE GOVERNMENT ON POST AND TELECOMMUNICATIONS IN THE BUILDING OF POST AND TELECOMMUNICATIONS WORKS

On November 12, 1997, the Government issued Decree No. 109/1997/ND-CP on Post and Telecommunications. The General Department of Post and Telecommunications provides the following guidance for the implementation of the regulations on building post and telecommunication works:

I. GENERAL PROVISIONS

1.1 The General Department of Post and Telecommunications is an agency attached to the Government performing the function of State management in investment and building of post and telecommunications works on the national scale.

This Circular guides the implementation of the regulations regarding post and telecommunications works.

1.2 When building post and telecommunications works (including works in the public post and telecommunications network and the specialized telecommunication networks) the investor and owner must observe the guidance of this Circular.

1.3. Post and telecommunications works comprise:

- Switch works;

- Transmission works;

- Postal centers;

- Operating centers, frequency control centers, postal transport distribution and selection centers, external relations centers...;

- Other works in the post and telecommunications network.

1.4 When building and assembling post and telecommunications works the investor and owner must ensure:

- That project investment and construction conform with the strategic objective, planning and plan of post and telecomunications development which have been ratified. The process of project elaboration, designing and construction must comply with the current regulations of the State and the General Department of Post and Telecommunications on management of investment and construction, the processes, rules, technical standards and economic and technical norms. To carry out the above contents, it is necessary to comply with the related regulatory documents such as the statistical table attached to this Circular.

- To strictly stand by the State regulations on building infrastructure works. When building such works, the owner needs to coordinate with the other branches and the locality and other owners on the planning of development of infrastructures in order to ensure safety and synchronism for the post and telecommunications works and assure the synchronism of the other infrastructures such as roads, culverts, electricity, water...

- To have the legal person status, business registration and operation certificate on construction and assembly of post and telecommunications works.

II. REGULATION ON PRIORITY AND RESPONSIBILITY WHEN BUILDING AND ASSEMBLING POST AND TELECOMMUNICATIONS WORKS

2.1 Priority

When investing or building or assembling a post and telecommunications work the enterprise providing post and telecommunications services has the preferential use of space, land surface, subsoil, riverbed and seabed. More specifically:

2.1.1 For the switch-board works: international phone exchange (Gateway), long distance exchange (Toll), tandem exchange, central internal exchange, satellite exchange, mobile phone exchange, database exchange... shall be planned and built at places in the centers of the cities, towns and townships and area centers in order to ensure:

- That they conform with the planning and development plan of the post and telecommunications network which has been approved by the competent State agency and meets the technical requirements of the system of post and telecommunications networks.

- That they are convenient for the building and assembly of the equipment system and of the connecting heads to the transmission network, for the supply of grid electricity, and are safe and secure.

2.1.2 For transmission works:

- Transmission cables (suspended, underground and tunnel cables) shall be set up along land roads (national highways, provincial highways, district roads) and railways, combining bridge, pavement and street outlay aimed at meeting the technical requirement of the work, economic efficiency and conveniency for the building, use, repair, maintenance and protection of the works.

- River and sea-laid cables (including shore line sea cable) shall be laid at places that meet the technical requirements, are convenient to construction, reconditioning, maintenance and ensure safety for the work.

- Radio communication lines (including aerial post, house, equipment assembling station, power source, connection with the station) shall be given preference of line direction and location in necessary places in order to meet technical requirements near the national electric grid and convenient for building, use, maintenance and protection.

2.1.3 With regard to the centers:

- Technical and operating centers (postal network operating centers, telecommunications network operating centers, radio frequency control centers, satellite ground stations...) shall be built at places which meet the technical, operating and professional handling, inspection, control and protecting the security and safety; with a view to assuring continuous and unified operation of the post and telecommuni-cations network.

- Postal centers of the provinces, cities, districts, post offices (transaction, exploitation, external relations, customs, border gates) and telephone booths, postal kiosks and mail boxes shall be set up and assembled in the centers of the cities, towns, districts and townships, industrial zones, export processing zones, population centers and other necessary places aimed at meeting the needs of operation, techniques, exploitation and convenience for the users.

- Railway stations, bus stations, airport terminals, sea ports, border gates and transport hubs are allowed to set up post offices to meet the needs of users at places convenient for the delivery and reception of mail bags and parcels in the country and from abroad.

2.1.4 For new construction areas such as population centers, industrial zones, export processing zones and others, investment projects on post and telecommunications shall be located in the general planning of these areas.

In designing and building high rises it is necessary to calculate and determine the location for the laying of post and telecommunications cables and equipment network in order to ensure the compatibility in construction and effectiveness in exploitation and use.

2.1.5 For the constructions belonging to other infrastructures (roads, pavements, streets) when a plan of transformation and upgrading is adopted, the post and telecommunications service providing enterprises must be informed of the plan and schedule of construction in order to assure coordination in upgrading and transformation or conversion of the post and telecommunications constructions already in place and the compatibility of the infrastructure works and normal operation of the post and telecommunications network.

2.2. Responsibility.

When building constructions mentioned in Points 2.1, the post and telecommunications service providing enterprise has the following responsibilities:

2.2.1 To strictly comply with the regulations set in Point 1.4, Sector I of this Circular. Besides, there must be the participation and coordination of related post and telecommunications service providing enterprises in order to achieve an optimum and effective common project of the post and telecommuni-cations network.

2.2.2 Before construction starts, the administration at the place where the post and telecommunications work is to be set up must be informed in order to provide coordination and favorable conditions for construction.

2.2.3. It has to pay compensation for the damage (if any) caused by the construction as prescribed by law, ensure safety for other constructions, safety of construction, indemnity of scenery and quick and neat construction.

2.2.4 To use for the right purpose and economically the natural resources including land, space, rivers, the sea, national telecommunications resources (radio spectrum and national digital storage)..., protect the ecological environment and the common infrastruc-ture.

2.2.5 Observe law and take responsibility for the investment project of the enterprise.

III REGULATIONS ON ENSURING SAFETY FOR POST AND TELECOMMUNICATIONS WORKS

3.1 When building or repairing their constructions, organizations and individuals shall have to comply with the technical regulations on ensuring safety for post and telecommunications works ; they shall not affect the normal activities of the post and telecommunications works already set up and must not cause interference to the telecommunications equipment and network.

3.2 For other constructions (such as high voltage electric lines, broadcasting and television, oil and gas pipelines, irrigation canals....) related to or affecting the post and telecommunications network, before designing, building or repairing them, organizations and individuals need to contact and solicit the opinion of the units which are managing the post and telecommunications network in order to reach consensus with them and coordinate with them to ensure normal operation of the post and telecommunications network and create favorable conditions for future building, exploitation, use, guaranty and repair for both sides.

3.3. To carry out the regulations stated in Points 3.1 and 3.2, before building or repairing a construction related to or affecting the post and telecommunications network, organizations and individuals shall have to supply to the units managing the post and telecommunications network the following contents:

- The construction or repair plan including: contents, place, time schedule of construction or repair.

- Supply of technical parameters and the cons-truction plan related to the post and telecommuni-cations work.

- Plan to ensure security of the work and safety for the post and telecommunications network.

After examining the above contents, combined with on the spot inspection the manager of the post and telecommunications network shall together with the organizations and individuals draw up a unified report, committing themselves to assure the security of the post and telecommunications network, attached to the dossier of application for permit of construction.

IV. REGULATIONS ON FOREIGN ORGANIZATIONS AND INDIVIDUALS LAYING TELECOMMUNICATIONS CABLES WITHIN THE EXCLUSIVE ECONOMIC ZONE AND CONTINENTAL SHELF OF VIETNAM

4.1. Foreign organizations and individuals that want to survey, set up, enhance, maintain or repair a telecommunications cable within the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam must respect the national sovereignty and security and the law of Vietnam, the 1982 United Nations Convention on the Law of the Sea and must get the permission of the Prime Minister of Vietnam.

4.2 The dossier and conditions for application must in principle assure the following basic contents:

- An application for permission from the Vietnamese State (in which they must clearly state the concrete jobs which need permission such as survey, assembly and other works).

- An explanation of the survey and assembly as shown in the following contents:

+ The character, objective and scope of use of the project, especially the questions related to the survey of the sea and the activities under the sea.

+ The method and means to be used for the survey, assembly and the equipment and materials used (names of the equipment, means, materials and code names of the technical norms).

- The plan of the cable (for a survey) and the technical design (for an assembly) and the geographical location, and accurate coordinates of the place where the survey and assembly activities are to take place.

- Time schedule of the survey and assembly (starting time, ending time and time for construction in each phase).

- The plans on organization of the construction that needs to be safe and secure and ecologically friendly.

- Name of the project owner, the company director and the head of each domain of the survey and assembly activities.

- They must submit to the supervision by the competent managing agencies of Vietnam and bear all the costs of this activity.

- They must pay fees according to the regulations of the Vietnamese State.

- They have to commit themselves to strictly observe the regulations in the permit already issued. In case of violation they shall be dealt with according to Vietnamese law.

The procedure, dossier and the concrete conditions of application shall be conducted according to the "Regulations for foreign parties and foreign means entering Vietnam for scientific research in the sea areas of the Socialist Republic of Vietnam" (issued together with Decree No. 242-HDBT of August 5, 1991 of the Council of Ministers (now the Government).

4.3 Receiving dossiers, checking and submitting them for approval:

- The dossier of application shall be sent to the General Department of Post and Telecommunications, address: 18 Nguyen Du - Hanoi (Department of Postal Policies)

- The General Department of Post and Telecom-munications shall assume the main responsibility and coordinate with the related State management agencies to examine the dossier and submit it to the Prime Minister. Following acceptance by the Prime Minister, the General Department of Post and Telecommunications shall issue the permit.

V. CONTROL, INSPECTION, COMPLAINT

5.1 Organizations, individuals and enterprises building post and telecommunications works are placed under the specialized control and inspection of the General Department of Post and Telecom-munications.

The postal inspector shall cooperate with the related units to control and inspect periodically or unexpectedly the observance of regulations in the domain of building postal and telecommunications works as prescribed by law.

5.2. Organizations, individuals and enterprises that are inspected must supply necessary information and documents related to the content of inspection and shall be responsible for the accuracy of the information and documents supplied by them and create favorable conditions for the inspection work.

5.3. Violations of the regulations in the domain of building post and telecommunications works shall be dealt with according to the stipulations in Decree No. 79-CP of June 19, 1997 of the Government concerning the sanctions against administrative violations in the domain of State management of post, telecommunications and radio frequencies. If these violations cause serious consequences, the violator shall be examined for penal liability.

5.4. All complaints related to the management of investment and building of post and telecommuni-cations works shall comply with the Ordinance on Complaints and Denunciations.

All disputes among owners of construction works shall be handled according to stipulations of law.

VI. IMPLEMENTATION PROVISIONS

6.1 This Circular takes effect 15 days after its signing. The earlier regulations which are contrary to this Circular are now annulled.

6.2 Investors and owners of post and telecom-munications works and organizations and individuals having construction or repair works related to post and telecommunications works shall have to observe the guidance of this Circular. In the process of implementation should any question arise they shoutl be reported in time to the General Department of Post and Telecommunications for guidance or consideration for supplementation or modification.

For the General Director of

Post and Telecommunications

Deputy General Director

NGUYEN HUY LUAN