Socialist Republic of Vietnam

STANDING COMMITTEE
NATIONAL ASSEMBLY

No: 43-2002-PL-UBTVQH10


ORDINANCE ON POSTS AND TELECOMMUNICATIONS

In order to rapidly develop and modernize posts and telecommunications, to strengthen the effectiveness of State administration, and to protect the lawful rights and interests of individuals and organizations engaged in posts and telecommunications activities;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by resolution No. 51-2001-QH10 of Legislature X of the National Assembly at its 10th session on 25 December 2001;

Pursuant to the resolution of Legislature X of the National Assembly at its 10th session on the program for formulation of laws and ordinances in 2002;

This Ordinance governs posts and telecommunications.

Chapter 1

General Provisions

Article 1 The standing of posts and telecommunications

The State confirms that the posts and telecomm sectors are important economic and technical sectors and important services within the national economic infrastructure, and that the development of posts and telecommunications is aimed at satisfying the requirements of socio-economic development, raising the quality of life of citizens, and protecting national security and defence.

Article 2 Governing scope

This Ordinance regulates posts and telecomm activities and radio frequency operations (hereinafter referred to as posts and telecommunications); and the rights and obligations of organizations and individuals engaged in post and telecomm operations.

Article 3 Applicability

This Ordinance shall apply to Vietnamese organizations and individuals and to foreign organizations and individuals in Vietnam. If any international treaty which Vietnam has signed or to which Vietnam has acceded contains post and telecomm provisions which are contrary to the provisions in this Ordinance, such international treaty shall apply.

Article 4 Interpretation of terms

In this Ordinance, the following terms shall be interpreted as follows:

1. “Postal services” means services for receiving, sending, transferring and delivering postal items and parcels via the public postal network.

2. “Mail delivery services” means services for receiving, sending, transferring and delivering information in the form of written documents which are packed or sealed, each with a weight not exceeding 2 kilograms, and sent to a specific address via the public postal network or distribution networks.

3. “Telecomm equipment” means technical facilities including both hardware and software used in installation of telecomm networks, and in the supply and use of telecomm services.

4. “Network equipment” means telecomm equipment built and installed into a telecomm network and includes transmission equipment, switching equipment and other data processing equipment.

5. “Terminal” means an item of telecomm equipment which directly or indirectly joins to a final connection point of a telecomm network in order to send, process or receive information in the form of symbols, signals, data, letters, sounds or images via a telecomm network.

6. “Final connection point” of a telecomm network means the physical meeting point which is part of the telecomm network and which satisfies technical specifications to ensure connection between a terminal of a service user and the telecomm network.

7. “Telecomm services” means services for transmission of information in symbols, signals, data, letters, sounds, images or other forms between final connection points of a telecomm network.

8. “Transmission line” means a collection of transmission equipment inter-connected by telecomm cables, electronic or radio waves, optic facilities or other electronic facilities.

9. “Information sources” includes a store of telecomm numbers, the radio frequency spectrum, internet resources and satellite orbits.

(a) “Store of telecomm numbers” means the collection of codes and dialing numbers pursuant to
nationwide unified master planning so as to ensure the operation of telecomm networks and services.


(b) “Radio frequency spectrum” means the range of frequencies for radio waves.

(c) “Internet resources” means the set of names and numbers pursuant to worldwide unified master planning which is under Vietnam’s management right, so as to ensure the operation of the internet.

(d) “Satellite orbits” means the routes through which satellites move in the space within Vietnam’s management right.

10. “Radio waves” means electro-magnetic waves with a frequency less than 3,000 GHz transmitted through space without artificial wave conductors.

11. “Radio operations” means transmitting, sending or receiving radio waves and includes the following operations: static, mobile, radio, television, aviation, maritime, navigation, locating, satellite, standard transmission operations, and other radio operations.

12. “Radio equipment” includes equipment for receiving, transmitting, or for both receiving and transmitting radio waves which is used in radio operations.

Article 5 The State’s policy on posts and telecommunications

The State shall have the following policies on posts and telecommunications:

1. To tap all the country’s resources in order to rapidly develop and modernize posts and telecommunications and to satisfy the requirements of socio-economic development, raising the quality of life of the citizens and protecting national security and defence.

2. To give priority to investment in the development of posts and telecommunications in rural, remote, border and island areas; to grant incentives and assistance to enterprises which provide posts and telecomm services for the public benefit or which undertake other operations in the public interest at the request of the State.

3. To encourage and facilitate all economic sectors to conduct business in posts and telecommunications in an equal and transparent competitive environment administered by the State, with a full range of services which will ensure quality and reasonable charges.

4. To respect and protect the lawful rights and interests of organizations and individuals engaged in posts and telecomm operations.

5. To create conditions for the development of technology in posts and telecommunications, and to apply those conditions to promote the sectors generally.

6. To expand international co-operation in posts and telecommunications on the basis of respect for independence, sovereignty, equality and mutual benefit, consistent with the laws of Vietnam and international treaties which Vietnam has signed or to which it has acceded.

Article 6 Protection of safety of postal and telecomm networks and the security of information

1. All organizations and individuals shall be liable to protect the safety of postal and telecomm networks and the security of information.

2. Entities, organizations and enterprises shall take measures to ensure the safety of their own postal and telecomm networks and the security of information.

Article 7 Services which will be granted priority

1. The following services shall be granted priority:

(a) Emergency information on national security and defence.

(b) Information on floods, storms, fires and other natural disasters.

(c) Information on emergency services and epidemic prevention.

(d) Information on safety, life-saving and salvage.

(dd) Other emergency information in accordance with the laws on emergency situations.

2. In emergency cases, a part or the whole of postal and telecomm networks may be mobilised pursuant to a decision of the competent State authority in accordance with the laws on emergency situations.

Article 8 Rights and obligations of organizations and individuals in the use of postal services, mail delivery services and telecomm services

1. Organizations and individuals shall have the right to use postal services, mail delivery services and telecomm services and shall be responsible for the contents of information, mail, postal parcels, materials and goods sent by them in accordance with law.

2. Enterprises providing postal services, mail delivery services and telecomm services shall be responsible for securing the quality of those services and for complying with the stipulations on charges for services provided by them to users in accordance with law; and they shall have the right to refuse to provide services to any organization or individual breaching the law when using postal and telecomm services, and they shall be responsible for such refusal.

Article 9 Ensuring confidentiality of information

1. The confidentiality of private information which any organization or individual sends via postal and telecomm networks shall be guaranteed in accordance with law. The coding of information in order to protect it in posts and telecommunications shall be implemented in accordance with the laws on cipher.

2. The competent State authority shall control information on telecomm and internet networks, and may inspect and retain mail, postal parcels and products sent via the public postal network and delivery networks in accordance with law.

3. The provision of postal and telecomm services may be temporarily or permanently suspended to any organization or individual seriously breaching the law with adverse effect on national security and defence.

Article 10 Conduct which is prohibited

The following conduct is strictly prohibited:

1. The destruction of postal and telecomm installations, and the impeding of lawful posts and telecomm operations.

2. Stealing information from telecomm networks; stealing or illegally using any password, code or information which belongs to another organization or individual; producing, purchasing, selling or using counterfeit postage stamps; taking possession, opening, exchanging or disclosing the contents of any letter, postal item or parcel belonging to others.

3. Providing or using postal and telecomm services, or using radio frequencies and equipment or postal and telecomm facilities to oppose the Socialist Republic of Vietnam; harming national security and social order, offending Vietnamese traditions and ethics; smuggling or committing other breaches of the laws on posts and telecommunications.

Chapter I1

Posts

Section I

Postal Networks and Services

Article 11 The public postal network

1. The public postal network shall be built, managed and developed in accordance with the strategy, master planning and individual plans approved by the competent State authority.

2. The public postal network shall include co-ordinating centres, post offices, service centres and public letterboxes connected to each other by mail routes.

3. Post offices, service centres and public letterboxes shall be given priority for location at railway stations, bus stops, seaports, airports, bordergates, residential areas and other public places in order to serve users.

4. Public postal works are an important item of infrastructure and must be incorporated in master planning and design for construction of urban areas, residential areas, industrial zones, export processing zones, new economic zones and other public works, in order to ensure uniformity and synchronization in investment and construction, and in order to facilitate the provision and use of services.

Article 12 Delivery service networks

Enterprises from all economic sectors may build and manage delivery service networks in order to provide mail delivery services in accordance with the laws on posts and telecommunications and the laws on transportation of goods.

Article 13 Specialised postal networks

Specialized postal networks shall be installed for the Party’s agencies, for State bodies and for units of the people’s armed forces to service their information needs.

The Government shall provide regulations for the organization and operation of such specialized postal networks.

Article 14 Postal codes

1. A postal code means a combination of characters which fix one or a group of postal addresses and which is used in operations of the public postal network and postal services.

2. The State administrative body for posts and telecommunications shall promulgate and administer master planning of postal codes in conformity with socio-economic development, ensuring the convenience of users, long-term stability, and consistency with international practice.

Article 15 Postal services

Postal services shall comprise:

1. Basic postal services which shall be services of receipt for sending, and sending and delivering mail items and parcels.

Mail items shall include letters (but not letters which are dealt with by enterprises conducting the business of mail delivery services), postcards, small parcels, printed matter, and study materials used by blind people and sent via the public postal network.

Parcels shall include products or goods which are wrapped and which do not weigh more than fifty (50) kilograms sent via the public postal network.

2. Supplementary postal services means services which are additional to the basic ones and are designed to satisfy users’ requests for a higher quality service.

The State administrative body for post and telecommunications shall provide and announce a detailed list of all postal services referred to in this article.

Article 16 Postal services for the public benefit

1. Postal services for the public benefit shall comprise:

(a) Ordinary postal services being postal services provided to all citizens in accordance with the conditions on weight, quality and charges prescribed by the competent State body;

(b) Compulsory postal services being postal services provided on request by the State to service socio-economic development and to ensure national security and defence.

2. Subject to the requirements of the State, the status of socio-economic development and the posts sector at any one time, the State administrative body for posts and telecommunications shall provide specific regulations on the provision of postal services for the public benefit.

3. The State shall have a policy to support the provision of postal services for the public benefit via specialised posts services and shall provide other financial assistance regimes.

Article 17 Receiving letters, postal items and parcels for delivery

1. A letter, postal item or parcel shall be deemed to have been received for delivery in the following circumstances:

(a) When a valid letter or postcard is placed into a public letterbox;

(b) When a letter, postal item or parcel is received for delivery at a post office, service centre, agency of a service-providing enterprise, or at the address of a service user.

2. A letter, postal item or parcel shall be deemed to have been delivered to the addressee in the following circumstances:
(a) When it has been placed in the addressee’s letterbox, or delivered to the addressee’s address or handed to the person authorised by the addressee to receive it;

(b) When it has been delivered to the addressee at a post office or service centre.

3. Letters, postal items and parcels shall remain subject to the sender’s right of disposal while undelivered to addressees or to persons authorised by addressees to receive them, except where they are confiscated or destroyed in accordance with law.

4. Letters, postal items and parcels which fail to be delivered to their addressees or returned to their senders shall be deemed to be abandoned upon the expiry of twelve (12) months as from the date of sending. The Government shall issue specific regulations on the disposal of abandoned letters, postal items and parcels.

Article 18 Items prohibited from inclusion in letters, postal items and parcels

The following items are prohibited from inclusion in letters, postal items and parcels:

1. Publications, items and goods prohibited from being circulated, exported or imported; and publications, items and goods prohibited from being imported into the country of destination.

2. Explosives, and inflammable or dangerous objects or substances.

3. Vietnamese currency and foreign currencies.

4. Objects or substances which may cause loss of hygiene or environmental pollution.

Article 19 Priority in transportation of mail and postal parcels

Organisations and individuals providing transport services by road, inland waterways, sea, air or rail shall be liable to give priority to the transportation of postal items and parcels under contract with postal enterprises, and shall be liable to ensure the safety of such postal items and parcels during transportation.

Article 20 Carrying out customs procedures

Customs procedures for letters, postal items and parcels, both outgoing to foreign countries and incoming to Vietnam, shall be carried out in accordance with the laws on customs. Customs offices shall be responsible to arrange speedy and convenient customs clearance to ensure the quality of postal services.

Section 2

Postage Stamps

Article 21 Administration of postage stamps

1. A postage stamp is a specialized printed item used for payment of the charge for a postal service, and includes both stamps and products with postage stamps already printed on them. There are two classes of postage stamps:

(a) Ordinary stamps not subject to any fixed duration validity which may be re-printed; and

(b) Special stamps which are subject to a fixed duration validity which may not be re-printed, and upon expiry of the fixed duration remaining stocks of these special stamps must be destroyed.

2. A postage stamp shall be used to pay the charge for a postal service if it has been lawfully issued, it is not prohibited from circulation, it has not been used previously, it remains intact, and it is not dirty or damaged.

3. Postal enterprises shall sell ordinary stamps and special stamps still within their valid duration for issuance at the price prescribed on the stamp for payment of charges for postal services.

4. The State administrative body for posts and telecommunications shall manage postage stamps throughout the following range of activities: approval of programmes on themes and designs of postage stamps; decisions on the location for printing and on the number of stamps to be printed; the issuance, retrieval or processing of postage stamps; and providing regulations for archiving, evaluation, destruction, import and export of postage stamps.

Article 22 Trading in postage stamps

1. Any organisation and individual may trade in postage stamps for stamp collecting purposes.

2. Trading in postage stamps for stamp collecting purposes by postal enterprises must be completely separate from the sale of stamps for payment of charges for postal services via the public postal network.


Section 3

Parties Engaged in Providing and Using Postal Services

Article 23 Viet Nam Post

1. Viet Nam Post shall be the single State owned enterprise for posts to be established in accordance with law in order to carry out the task of providing postal services to the public.

2. Viet Nam Post shall have the following rights and obligations:

(a) To establish a nationwide public postal network for the purpose of providing domestic and international services.

(b) To provide postal services for the public benefit and other services in the public interest as assigned by the State.

(c) To protect the safety of its postal network and to ensure information security.

(d) To maintain separate cost accounting systems for ordinary postal services, for compulsory postal services and for specialized postal services.

(dd) To provide full and accurate information about its services to users at trading centres or in printed matter containing guidelines on its services.

(e) To use its name “Viet Nam Post” in all its operations.

(g) To use the public postal network to provide financial services, savings account services, money transfers, newspaper delivery and any other services in accordance with law.

(h) To use specialized vehicles to transport mail and postal parcels, such vehicles to be painted in a uniform colour with the name or logo of Viet Nam Post. These vehicles shall be given priority in traffic in accordance with law.

(i) It shall have other rights and obligations in accordance with law.

3. The Government shall provide regulations on the establishment, organization and operation of Viet Nam Post.

Article 24 Enterprises engaged in the business of mail delivery services

1. Enterprises from all economic sectors may engage in the business of providing domestic mail delivery services.

2. The Government shall provide detailed regulations on management of and conditions for mail delivery services, and on volumes and quality of and charges for mail delivery services.

Article 25 Post agents and mail delivery agents

1. A post agent or a mail delivery agent means any Vietnamese organisation or individual who provides postal services or mail delivery services to users in the name of a postal enterprise or an enterprise providing mail delivery services via an agency contract for commission. Agency contracts must be made in writing.

2. Post agents and mail delivery agents shall have the following rights and obligations:

(a) To provide postal services and mail delivery services to users in conformity with the correct type, quality and service charge agreed in the agency contract.

(b) To be provided by their principal with professional guidelines, information and other facilities to ensure they are able to actually provide the services.

(c) To comply with the regulations on provision of postal services and mail delivery services and with the provisions in their agency contract.
(d) They shall have other rights and obligations in accordance with law.

Article 26 Users of postal services or mail delivery services

1. A user of postal services or mail delivery services means any organization or individual in Vietnam using postal services or mail delivery services pursuant to a contract with a postal enterprise or enterprise engaged in providing mail delivery services.

2. Users of postal services or mail delivery services shall have the following rights and obligations:

(a) To be provided with complete information on the services they use.

(b) To be paid damages for loss in accordance with law.

(c) To facilitate the delivery to their addresses of the letters, postal items and parcels sent to them by postal enterprises or enterprises engaged in mail delivery services; to install letterboxes in places convenient for the delivery of letters, postal items and parcels.

(d) To use their correct names and addresses when using services, and to only use other people’s names and addresses with permission from such people.

(dd) They shall have other rights and obligations in accordance with law.

Article 27 Charges for letters, postal items and parcels

1. The Prime Minister shall make decisions on charges for important postal services which effect many industries and socio-economic development.

2. The State administrative body for posts and telecommunications shall make decisions on charges for postal services for the public benefit, specialized postal services, and the tariff framework for mail delivery services on the basis of the cost of providing such services, the policy on socio-economic development, and the developmental targets of the posts sector from time to time.

3. Enterprises shall be entitled to determine their own specific charges for mail delivery services within the tariff framework mentioned in clause 2 of this article and the specific charges applicable to postal services other than those for the public benefit and the specialized postal services referred to in clauses 1 and 2 of this article.

Section 4

Conditions for Conducting Postal Services Business

Article 28 Postal licences

1. Postal licences shall comprise:

(a) Licences issued to provide mail delivery services, which shall have a maximum duration of 10 years.

(b) Licences for a trial mail delivery service and other trial services on the public postal network, which shall have a maximum duration of 1 year.

Prior to the expiry of its licence, any enterprise which satisfies the conditions and which wishes to continue as a service provider may be considered for issuance of a new licence.

2. Postal enterprises and enterprises providing mail delivery services shall be liable to pay evaluation fees and fees for issuance of licences in accordance with law.

3. It is strictly prohibited to sell, purchase or assign postal licences.

4. The following mail delivery services shall not require a licence:

(a) When an individual delivers letters without receiving remuneration on agreement with the sender, but subject to a maximum number in accordance with regulations of the State administrative body for posts and telecommunications.

(b) When an office, organization or enterprise delivers letters internally or to customers on a no fee basis.

5. The Government shall provide specific regulations for evaluation, conditions, and issuance of postal licences, and on their management and use.

Article 29 Standards and quality of postal services and mail delivery services

1. The standards and quality of postal services and mail delivery services shall include the Vietnamese standards, standards of industries, standards of establishments, foreign standards and international standards which are applicable in Vietnam in accordance with the laws on standards and quality.

2. Postal enterprises must apply to ordinary postal services and specialized post services those standards which are stipulated by the laws on standards and quality and by the State administrative body for posts and telecommunications.

3. Postal enterprises and enterprises providing mail delivery services must announce their own standards applicable to their services other than those set out in clause 2 of this Article, and they must in fact comply with those standards.

4. The State administrative body for posts and telecommunications shall announce which types of services must apply which standards, and shall provide specific regulations on management of standards and on the quality of postal services.

5. The State encourages postal enterprises and enterprises providing mail delivery services to apply quality control systems on a voluntary basis and to make application for certification of the quality of their services and of their quality control systems.


Section 5

Dispute Resolution, Compensation for Loss in the Provision and Use of Postal Services and Mail Delivery Services

Article 30 Dispute Resolution

Parties engaged in providing or using postal services or mail delivery services shall be liable to fulfil the obligations set out in their signed contracts. If a dispute arises regarding a contractual breach, the parties may firstly agree to negotiate resolution, but if negotiation fails to resolve the dispute, the parties may refer it to an organization or body competent to resolve it in accordance with law.

Article 31 Liability to pay compensation

1. Parties engaged in providing or using postal services or mail delivery services shall be liable to pay compensation for loss they cause to the other party during the provision or use of postal services or mail delivery services. Compensation for loss shall be made in accordance with law.

2. Parties engaged in providing or using postal services or mail delivery services shall not be liable to compensate for indirect losses or for loss of profits as a result of failure to provide services of the appropriate quality.

3. Parties engaged in providing or using postal services or mail delivery services shall not be liable to compensate for loss in the event of force majeure in accordance with law.

Chapter III

Telecommunications

Section 1

Telecomm Networks and Services

Article 32 Terminals and internal networks

1. Subscriber terminal means any fixed or mobile terminal equipment of a user which is connected to a public telecomm network via a final connection point of such public telecomm network.

2. Public terminal means any fixed or mobile terminal equipment of a telecomm enterprise which is connected to a public telecomm network via a final connection point of such public telecomm network.

3. Internal network means any telecomm equipment system which is established by an organization or individual at a fixed address and within a fixed area in which such organization or individual has full powers to legally use the network for internal communications purposes.

4. Users of telecomm services shall be entitled to themselves design, set up and connect, or hire another organization or individual to design, set up and connect their subscriber terminal and internal network to a final connection point of a public telecomm networks.

5. Any subscriber terminal and internal network which is connected to a public telecomm network must comply with regulations on equipment’s compliance with standards and on use of radio frequencies.

6. Telecomm enterprises shall carry out connection of subscriber terminals and internal networks to a public telecomm network via signed contracts with service users.

The State administrative body for posts and telecommunications shall provide detailed regulations on terminals, internal networks, and final connection points to a public telecomm network.

Article 33 Telecomm networks

1. A telecomm network, which shall include public telecomm networks, private telecomm networks and specialized telecomm networks, means a combination of telecomm equipment connected by transmission lines.

2. Operations of telecomm networks shall not adversely effect the environment or socio-economic activities. Socio-economic activities shall not interfere with or damage telecomm cables, antennae, telecomm equipment systems or activities of telecomm networks.

Article 34 Public telecomm networks

1. A public telecomm network means any network which is installed by a telecomm enterprise to provide telecomm services, and shall be constructed and developed in accordance with the strategy and master planning approved by the authorised State body.

2. Public telecomm works are an important item of infrastructure and must be incorporated in master planning and design for construction of urban areas, residential areas, industrial zones, export processing zones, new economic zones and other public works, in order to ensure uniformity and synchronization in investment and construction, and in order to facilitate the provision and use of services.

3. Priority shall be granted to public telecomm works in the use of space, land surfaces, underground areas, riverbeds and seabeds. Transmission lines shall be permitted to be deployed alongside roads, bridges, ditches, pavements, streets and power routes to ensure convenience for the construction, maintenance, repair and protection of such works.

4. Priority shall be granted to the location of public service centres at railway stations, bus stops, sea ports, airports, bordergates and other public places in order to respond to user requirements.



Article 35 Private telecomm networks

A private telecomm network means any telecomm network which is established by a body, organization or enterprise in Vietnam to ensure information to members of the network, and includes telecomm equipment installed at different fixed locations which are connected to each other via transmission lines built or hired by such body, organization or enterprise.

Article 36 Specialized telecomm networks

A specialized telecomm network means any telecomm network which is used to deal with special information of the Party’s entities and of State agencies, or to deal with information on national security and defence. The Government shall provide specific regulations on the establishment and operation of specialized telecomm networks.

Article 37 Telecomm services

1. Telecomm services shall include:

(a) Basic services which instantaneously transmit information via a telecommunications network or the internet without changing the format or contents of the information.

(b) Value added services which add value to information for users by enabling them to change the format or contents of, or provide them with the ability to archive and retrieve information by their use of the telecomm network or the internet.

(c) Internet connection services which enable internet service providers to connect with each other and with the international internet.

(d) Internet access services which provide users with access to the internet.

(dd) Post and telecomm internet application services which use the internet to provide users with postal and telecomm services. Internet application services in other socio-economic sectors shall comply with the laws on posts and telecommunications and with other relevant laws.

2. The State administrative body for posts and telecommunications shall provide and announce a detailed list of all telecomm services referred to in this article.



Section 2

Entities which may act as Service Providers and Service Users

Article 38 Telecomm enterprises

1. Telecomm enterprises shall include:

(a) Network infrastructure providers which shall be State owned enterprises or enterprises in which the State holds controlling shares or special shares, established in accordance with law to set up network infrastructure and to provide telecomm services.

(b) Telecomm service providers which shall be Vietnamese enterprises from any economic sector, established in accordance with law to provide telecomm services.

2. Telecomm enterprises shall have the following rights and obligations:

(a) Network infrastructure providers shall have the right to establish a public telecommunications network to directly provide or to re-sell telecomm services in accordance with their licences.

(b) Telecomm service providers shall have the right to establish telecomm equipment systems within the range of their own facilities and public service points to directly provide value added services and internet access services, and to re-sell telecomm services. They shall not be permitted to set up transmission lines outside the range of their own facilities and public service points.

(c) To protect the safety of their telecommunications networks and to protect security of information.

(d) To provide telecomm services to users in Vietnam and overseas on the basis of compliance with the laws of Vietnam and the laws of the country to which the services are provided.

(dd) To use information sources in accordance with master planning in order to set up networks and to provide telecomm services.

(e) To lease transmission lines for connection between their own telecomm equipment systems or for connection to networks and services of other telecomm enterprises.

(g) To perform any tasks when they are mobilised by the State in emergency situations and to perform other tasks in the public interest.

(h) To take measures to protect the lawful rights and interests of users of telecomm services.

(i) To engage in lawful competition in the provision of telecomm services.

(k) To comply with the regulations from, and to submit to inspection by, competent State bodies to ensure safety of their telecommunications networks and security of information.

(l) They shall have other rights and obligations in accordance with law.

Article 39 Telecomm enterprises whose telecomm services dominate the market

1. A telecomm enterprise whose telecomm services dominate the market means an enterprise which acquires over thirty (30%) per cent of the market share of one type of services in a licensed geographical area and which may directly impact on market infiltration by other telecomm enterprises.

The State administrative body for posts and telecommunications shall make a determination on whether or not a telecomm service provider dominates the market.

2. Any telecomm enterprise whose telecomm services dominate the market shall have the following rights and obligations:


(a) The rights and obligations set out in article 38 of this Ordinance.

(b) Not to use its advantageous position to restrict or to cause difficulties to the activities of provision of services by other telecomm enterprises.

(c) To maintain separate cost accounting systems for the type of services with the dominant market share.

(d) To accept supervision and control by the competent State bodies of market share, quality, and charges for services with the dominant market share.

Article 40 Rights and obligations of owners of private telecomm networks

1. Owners of private telecomm networks means both Vietnamese and foreign bodies, organizations and enterprises operating lawfully in Vietnam which are licensed to establish private telecomm networks.

2. Owners of private telecomm networks shall have the following rights and obligations:

(a) To construct or lease transmission lines to establish a private telecomm network and to connect to a public telecomm network; to comply with the provisions in their issued licences.

(b) To use information sources in accordance with master planning to establish networks and to provide information to members of the networks in accordance with law.

(c) To protect the safety of their own telecomm network and to ensure information security.

(d) Not to conduct business in telecomm services in any form whatsoever.

(dd) To comply with the regulations from, and to submit to inspection by, competent State bodies to ensure safety of their own telecomm network and information security.

(e) To perform any tasks when they are mobilised by the State in emergency situations and to perform other tasks in the public interest.

(g) They shall have other rights and obligations in accordance with law.

Article 41 Telecomm service agents

1. A telecomm service agent means a Vietnamese organization or individual who acts on behalf of a telecomm enterprise via an agency contract to provide telecomm services to users and receives commission. An agency contract must be made in writing.

2. Telecomm service agents shall have the following rights and obligations:

(a) To establish terminal systems at locations for which they have complete and lawful use rights in order to provide telecomm services at such locations for the specific types of service, quality and charges agreed in their agency contracts and to earn commission; to re-sell telecomm services to users at such locations on the basis of purchasing services from a telecomm enterprise in accordance with the specific types, quality and charges agreed in their agency contracts.

(b) To be provided with professional guidelines, information and other relevant conditions from a telecomm enterprise on order to ensure the provision of such services.

(c) To comply with terms on provision and re-sale of services and with the other agreements agreed in their agency contracts.

(d) They shall have other rights and obligations in accordance with law.

Article 42 Telecomm service users

1. A telecomm service user means any organization or individual who enters into a contract with a telecomm enterprise or a telecomm service agent to use telecomm services.

2. Telecomm users shall have the following rights and obligations:

(a) To establish fixed subscriber terminals at locations for which they have complete and lawful use rights or to use mobile subscriber terminals, in order to access a public telecomm network in accordance with the contract signed with a telecomm enterprise or a telecomm service agent.

(b) To choose a telecomm enterprise or telecomm service agent in order to use telecomm services, except for prohibited services or services not yet licensed for use.

(c) To have their private information kept confidential in accordance with law.

(d) To receive compensation for loess in accordance with law.

(dd) Not to use their subscriber terminals to conduct business in telecomm services in any form whatsoever.

(e) To protecting their passwords, codes and equipment systems.

(g) To be legally liable for the contents of any information they introduce onto, archive or transmit on telecomm networks and the internet.

(h) They shall have other rights and obligations in accordance with law.

Article 43 Linking [hooking up to] telecomm networks

1. Linking means the physical and logical connection of telecomm networks, by which a user of network services may access users and services of other networks and vice versa.

2. Linking of public telecomm networks shall be subject to the following provisions:

(a) Telecomm enterprises shall have the right to link their own networks to those of other telecomm enterprises and shall be obliged to allow those other telecomm enterprises to link and access their own networks or services subject to fair and reasonable conditions, on the basis of effective use of information sources and shared use of linking points and technical infrastructure facilities via a linking agreement signed between the parties.

(b) Any telecomm enterprise which holds essential equipment and facilities playing a decisive role in linking and provision of telecomm services shall not be entitled to refuse linking requests from owners of private telecomm networks and other telecomm enterprises, and shall create favourable conditions for negotiation and to carry out linking if those requests are reasonable and economically and technically feasible.

(c) Telecomm enterprises shall conduct negotiations for and sign linking agreements in accordance with the regulations of the State administrative body for posts and telecommunications. Where a linking agreement cannot be reached within a prescribed time-limit or where there is a dispute arising from implementation of such an agreement, the State administrative body for posts and telecommunications shall hold a consultative conference with the parties on request by one of the parties involved. If this conference fails to produce an agreement, the State administrative body for posts and telecommunications shall consider the issue and give a decision. Linking agreements shall only be effective after they have been registered with the State administrative body for posts and telecommunications.

3. Linking of private telecomm networks shall be subject to the following provisions:

(a) A private telecomm network may be linked to a public telecomm network on satisfaction of the technical standards for the public telecomm network and the laws on linking a private telecomm network to a public telecomm network.

(b) Linking of a private telecomm network to a public telecomm network shall be implemented on the basis of a telecomm enterprise signing a linking agreement with the owner of the private telecomm network.

(c) Private telecomm networks shall not be permitted to hook up to each other unless so permitted by the competent State body.

Article 44 Telecomm charges

1. The Prime Minister shall make decisions on charges for important telecomm services which effect many industries and socio-economic development.

2. The State administrative body for posts and telecommunications shall make decisions on charges for telecomm services for the public benefit, for telecomm services with a dominant market share, and for linking between enterprises on the basis of the actual cost of services, the policy on socio-economic development, and the developmental targets of the telecomm sector from time to time.

3. Telecomm enterprises shall be entitled to determine their specific charges for services other than those set out in clauses 1 and 2 of this article.

Section 3

Telecomm Licences

Article 45 Types of telecomm licences

1. Telecomm business licences shall comprise:

(a) Licences to establish a telecomm network and to provide telecomm services, which shall have a maximum duration of 15 years.

(b) Licences to provide telecomm services, which shall have a maximum duration of 10 years.

2. Telecomm specialty licences shall comprise:

(a) Licences to set up private telecomm networks, which shall have a duration of no more than 5 years.

(b) Licences to install telecomm cables in economic exclusive zones or the continental shelf of Vietnam, which shall have a duration of no more than 25 years.

3. Telecomm services and network testing licences shall have a duration of no more than 1 year.

Prior to the expiry of any licence provided for in this article, any enterprise which satisfies the conditions and which wishes to continue as a service provider may be considered for issuance of a new licence.

Article 46 Provisions on licences

1. Where the issuance of a licence involves the use of information sources, the licence shall only be issued if the allocation of such information sources is feasible.

2. A licences to establish a telecomm network and to provide telecomm services as stipulated in article 45.1(a) of this Ordinance shall only be issued on written approval from the Prime Minister of the Government.

3. A telecommunications enterprise shall be liable to pay evaluation fees, fees for issuance of licences, and other fees relating to the telecomm sector in accordance with law.

4. It is strictly prohibited to sell, purchase or assign telecomm licences.

5. The Government shall provide specific regulations for evaluation, conditions, and issuance of telecomm licences, and on the management and use of all types of telecomm licences.


Section 4

Master Planning for Telecomm Enumeration and for Internet Resources

Article 47 Development of master planning for telecomm numbering and for internet resources

The development of a master plan for enumeration of telecomm codes and numbers and for internet resources shall be based on the following principles:

1. Development of services and subscriptions according to a long-term strategy.

2. Optimum use of telecomm networks and equipment.

3. Economical and efficient use of the store of telecomm numbers and internet resources.

4. Ability to link to the global telecomm networks and services.

5. Protection of the lawful rights and interests of users of services.

6. Equality amongst telecomm enterprises.

Article 48 Management of the store of telecomm numbers and of internet resources

1. The State administrative body for posts and telecommunications shall draft and issue master planning for telecomm numbering and for internet resources; shall allocate and revoke names, codes and numbers pursuant to such planning; and shall issue regulations on management of the store of telecomm numbers and of internet resources.

2. Telecommunications enterprises shall formulate plans on numbering and Internet resources within the scope of their allocated number storage and Internet resources, and at the same time allocate or lease numbers to those organisations and individuals using services in accordance with such plans and current regulations on managing number storage and Internet resources.

3. Telecomm enterprises shall be responsible for providing reports on their plans for, and status of use of allocated names, codes and numbers in accordance with the regulations of the State administrative body for posts and telecommunications. Telecomm enterprises shall return to the State administrative body for posts and telecommunications any names, codes and numbers which the enterprises no longer need to use, and if they fail to return them then the names, codes and numbers shall be revoked.

Section 5

Provision of Telecomm Services for the Public Benefit

Article 49 Telecomm services for the public benefit

Telecomm services for the public benefit shall comprise:

1. Ordinary telecomm services being telecomm services provided to all citizens on conditions, with the quality, and at the charges stipulated by the competent State body.

2. Compulsory telecomm services being telecomm services provided at the request of the State to service socio-economic development and to protect national defence and security.

Subject to the requirements of the State, the status of socio-economic development and the telecomm market at any one time, the State administrative body for posts and telecommunications shall provide specific regulations on the provision of telecomm services for the public benefit.

Article 50 Discharge of obligation to provide telecomm services for the public benefit

1. The State’s policy is to provide the following essential conditions so that enterprises may provide telecomm services for the public benefit:

(a) Regulating charges for linking on the basis of their actual cost and also contributing in part to the provision of telecomm services for the public benefit.

(b) Setting up a fund for telecomm services for the public benefit from financial contributions from telecomm enterprises and from other sources.

2. The fund for telecommunications services for the public benefit shall be used to discharge the obligation to provide telecomm services for the public benefit in the following ways:

(a) By appointing an enterprise to provide telecomm services for the public benefit on the basis of the appraisal results of such enterprise’s plan for providing such services.

(b) By organising a tender to select an enterprise to provide telecomm services for the public benefit.

Article 51 Management of the provision of telecommunications services for the public benefit

1. The Government shall stipulate policies and specific measures for the provision of telecommunications services for the public benefit, based on the requirements for socio-economic development and the developmental status of the telecomm market from time to time.

2. The State administrative body for posts and telecommunications shall provide detailed regulations on telecomm services for the public benefit, on their management, and on inspection of discharge of the obligation to provide telecomm services for the public benefit by telecomm enterprises.

3. Telecomm enterprises shall be responsible for performing their obligation to provide telecomm services for the public benefit in accordance with law.

Section 6

Telecomm Standards and Quality

Article 52 Telecomm standards and quality systems

1. The system of standards and quality requirements applicable to telecomm equipment, networks, network linking, project works and services shall include the Vietnamese standards, standards of industries, standards of establishments, foreign standards and international standards which are applicable in Vietnam in accordance with the laws on standards and quality.

2. The State administrative body for posts and telecommunications shall announce the types of telecomm equipment, networks, project works and services to which standards shall compulsorily apply.

Article 53 Management of telecomm standards and quality

1. The forms of management of telecomm quality shall comprise:

(a) Certificates of compliance with standards, applicable to telecomm equipment.

(b) Announcement of quality standards, applicable to telecomm networks and services.

(c) Quality inspections of telecomm works.

2. Telecomm equipment on the list subject to compulsory certification of compliance with standards must be so certified before it may be circulated in the market or linked to a telecomm network. Telecomm works on the list subject to compulsory inspection of quality prior to commissioning must be so inspected before being commissioned. With respect to public telecomm networks, basic telecomm services, internet linking services and internet access services, they must comply with the standards stipulated by the State administrative body for posts and telecommunications prior to being put into operation or being provided to users.

3. Apart from the telecomm equipment, networks and services referred to in clause 2 of this article, organizations or individuals producing or trading [in the telecomm sector] must announce the quality of their telecomm equipment, networks and services in compliance with the corresponding standards of such establishments, and shall be responsible for the standards and quality as announced by them.

4. The State encourages organizations or individuals producing or trading in telecomm equipment, networks or services, apart from the telecomm equipment, networks and services referred to in clause 2 of this article, to apply quality control systems on a voluntary basis and to make application for certification of the quality of their services and of their quality control systems.

5. The State administrative body for posts and telecommunications shall provide specific regulations on management of telecomm standards and quality.

Article 54 Calibration and certification of compliance with standards and quality

1. The State administrative body for posts and telecommunications shall set out the conditions applicable to domestic and foreign calibration organizations to assist in quality control, and shall announce the list of organizations authorized to carry out calibration.

2. Mutual recognition of certification of compliance with telecomm standards and quality between Vietnam with foreign countries and international organizations shall be implemented in accordance with international treaties to which Vietnam is a signatory or to which Vietnam has acceded.


Section 7

Dspute Resolution, Payment of Compensation for Loss in the Provision or Use of Telecomm Services

Article 55 Dispute Resolution

Parties engaged in providing or using telecomm services shall be liable to fulfil the obligations set out in their signed contracts. If a dispute arises regarding a contractual breach, the parties may firstly agree to negotiate resolution, but if negotiation fails to resolve the dispute, the parties may refer it to an organization or body competent to resolve it in accordance with law.

Article 56 Refund of charges and payment of compensation

1. If an enterprise providing telecomm services fails to secure the quality of the services as announced by it, it shall be liable to refund to users a part or the whole of the collected charges.

2. Parties engaged in providing or using telecomm services shall be liable to pay compensation for loss they cause to the other party during the provision or use of telecomm services in accordance with law.

3. Parties engaged in providing or using telecomm services shall not be liable to compensate for indirect losses or for loss of profits as a result of failure to provide services of the appropriate quality.

4. Parties engaged in providing or using telecomm services shall not be liable to compensate for loss in the event of force majeure in accordance with law.


Chapter IV

Radio Frequencies

Section 1

Master Planning, Allocation and Fixing Radio Frequencies

Article 57 Management and use of radio frequencies and satellite orbits

The management and use of radio frequencies and satellite orbits subject to Vietnamese sovereignty shall be undertaken on the principles of compliance with the State’s master planning, ensuring effectiveness, equality, reasonableness and economizing, ensuring that radio communications systems are not adversely interfered with and that they do not cause adverse interference; satisfying the demand for use of frequencies to service socio-economic development, national defence and security; facilitating the improvement of technology, and protecting national sovereignty in the use of frequencies and satellite orbits.

Article 58 Master planning of the radio frequency spectrum

1. Master planning of the national radio frequency spectrum means the plan on division into various frequency bands for different operations from time to time, regulating the conditions for establishing an order for operation and use of the national radio frequency spectrum in the best possible on a nationwide basis.

Master planning of the radio frequency spectrum shall satisfy the demands for using various radio frequencies for different operations in accordance with international regulations and particularly the use of radio frequencies in Vietnam, giving appropriate priority to new technology.

The State administrative body for posts and telecommunications shall draft master planning of the national radio frequency spectrum for submission to the Prime Minister of the Government for his approval.

2. Based on the master planning of the national radio frequency spectrum, the State administrative body for posts and telecommunications shall draft and promulgate a plan on frequency bands, a plan on channels, and a plan on radio frequency for each geographical area.

3. Any organization or individual who manufactures, imports or uses radio transmission equipment or equipment applying radio waves in Vietnam shall comply with the master planning of the radio frequency spectrum specified in this article.

Article 59 Allocation of frequency bands for national defence and security purpose

1. The Prime Minister of the Government shall regulate radio frequency bands for use in national defence and security at a ratio appropriate for the requirements and tasks, and with reference to international practice.

2. The Prime Minister of the Government shall make a decision on establishment of a radio frequency committee to advise him on co-ordinating management of radio frequencies in socio-economic activities and in national defence and security.

Article 60 Use of radio frequencies for communicating information on safety and salvage

1. The State administrative body for posts and telecommunications shall announce special radio frequencies for communicating information on national and international safety and salvage.

2. It is strictly prohibited to use special radio frequencies reserved for communicating information on national and international safety for other purposes, or to cause adverse interference to them.

Article 61 Allocating and fixing radio frequencies

The allocation and fixing of radio frequencies shall comply with the provisions of articles 57 to 60 inclusive of this Ordinance and shall be based on the potential of the radio frequency spectrum, granting appropriate priority to the use of radio frequencies for national defence and security and for socio-economic development, and to the use of technologies which will ensure effective use of radio frequencies.

The State administrative body for posts and telecommunications shall announce the conditions for allocating, fixing and using radio frequencies and radio frequency bands.

Section 2

Radio Frequency Licences

Article 62 Types of radio frequency licences

1. Radio frequency licences shall comprise:

(a) Frequency band licences, which shall have a maximum duration of 15 years.

(b) Licences to use frequencies and radio transmission equipment, which shall have a maximum duration of 5 years.

2. Licences shall only be issued if their allocation and the fixing of frequencies is feasible.

3. Any organization or individual to whom a licence is issued shall be liable to pay a licensing fee in accordance with law.

4. It is strictly prohibited to sell, purchase or assign any type of radio frequency licence.

5. The Government shall provide specific regulations for evaluation, conditions, and issuance of radio frequency licences, and on their management and use.

Article 63 Types of radio equipment the use of which is conditional

The State administrative body for posts and telecommunications shall announce the technical and operational conditions for the types of radio equipment whose use is subject to conditions. Any organization or individual using such equipment must comply with such conditions and shall not be required to apply for a radio frequency licence.

Article 64 Responsibilities of organizations and individuals using radio frequencies

1. Any organization or individual operating radios professionally and using radio frequency bands, radio frequencies and radio transmission equipment must have a radio frequency licence, except for cases specified in article 63 of this Ordinance.

2. Any organization or individual granted a radio frequency licence shall comply with the laws on installation and use of radio frequencies and radio transmission equipment, shall pay use fees in accordance with law, shall not cause adverse interference to other radio stations, and shall be subject to inspection and control by the State administrative body for posts and telecommunications.

Article 65 Manufacture and import of radio transmission equipment and receivers

Any organization or individual manufacturing or importing radio transmission equipment and receivers must have written approval from the State administrative body for posts and telecommunications.

Article 66 Radio operator’s certificate

An individual wishing to operate a radio professionally must obtain a radio operator’s certificate.

The State administrative body for posts and telecommunications shall provide regulations on the training of, and issuance of certificates to, radio operators.


Section 3

Inspection and Control of Radio Frequencies, Dealing with Adverse Interference, and Control of Electro-Magnetic Compatibility

Article 67 Inspection and control of radio frequencies

1. Inspection and control of radio frequencies and radio transmission equipment is aimed at ensuring compliance with the laws of Vietnam and relevant intentional treaties to which Vietnam is a signatory or to which Vietnam has acceded; at measuring radio transmission parameters in order to manage the use of radio frequencies, and to detect, prevent and deal with breaches of the law.

2. The results of inspection and control of radio frequencies and radio transmission equipment and of measuring radio transmission parameters shall be the basis for determining and dealing with breaches of the law in the course of management of radio frequencies.

3. Foreign organizations and individuals shall not be permitted to measure radio frequency transmitting and receiving parameters in the territory of Vietnam, except for cases permitted by the competent State administrative body.

4. The use of radio frequencies and radio transmission equipment on Vietnamese aircraft and ships, and on foreign aircraft and ships when they enter Vietnamese territory, shall comply with the laws of Vietnam and international treaties which Vietnam has signed or to which it has acceded. Users of radio transmission equipment on the above means of transport shall be subject to inspection and control by the competent State administrative body of Vietnam.

Article 68 Dealing with adverse interference

1. Any organization or individual granted a licence to use a radio frequency shall have the right to lodge a claim in accordance with law if their radio station is adversely interfered with.

2. Any claim lodged for adverse interference shall be dealt with in accordance with the laws of Vietnam and international treaties which Vietnam has signed or to which it has acceded. The State administrative body for posts and telecommunications shall provide regulations on the principles, order and procedures for lodging complaints for adverse interference and for resolving such complaints.

3. The State administrative body for posts and telecommunications shall be responsible to organise inspection and control of radio frequencies, and shall preside over co-ordination with the Ministry of Defence and the Ministry of Police in the inspection, control and resolution of any adverse interference to information networks serving socio-economic development and national defence and security.

Article 69 Control of electro-magnetic compatibility

1. Electro-magnetic compatibility means the ability of equipment and equipment systems to operate without being adversely interfered with and without causing adverse interference to other equipment within the electro-magnetic environment.

2. Equipment and equipment systems used for communications or in scientific, technological, industrial, medical and other sectors shall comply with the regulations on electro-magnetic compatibility to ensure that no adverse interference is caused to radio operations of navigation, safety and salvage communications or to other radio operations.

The Government shall provide detailed regulations on the management of electro-magnetic compatibility.

Chapter V

International Co-Operation in Posts and Telecommunications

Article 70 Principles for international co-operation in posts and telecommunications

The State shall policies and measures for promoting international co-operation in posts and telecommunications with other countries and international organizations on the basis of respect for independence, sovereignty, equality and mutual benefit, consistent with the laws of all parties and with international law and practice in order to develop posts and telecommunications, and increase international co-operation and the friendship and mutual understanding between Vietnam and other countries and international organizations.


Article 71 Contents of international co-operation in posts and telecommunications

International co-operation in posts and telecommunications shall consist of:

1. To disseminate to other countries and international organizations [Vietnam’s] policies for developing posts and telecommunications.

2. To develop co-operation in posts and telecommunications and to develop relationships with other countries and international organizations in these sectors.

3. To participate in regional and international organizations on posts and telecommunications.

4. To assist and promote development of manpower.

5. To co-ordinate in scientific research and application, and in the transfer of progressive technology.

6. To exchange information and experience on the development of posts and telecommunications.
7. To prepare and implement international programs and projects on posts and telecommunications.


Chapter VI

State Administration of Posts and Telecommunications

Article 72 Contents of State administration of posts and telecomm

State administration of posts and telecomm shall consist of:

1. To prepare and instruct implementation of master planning, plans and policies on the development of posts and telecommunications.

2. To promulgate and to organize implementation of legal instruments on posts and telecommunications.

3. To instruct drafting, promulgation and regulation of the applicability of standards and quality in the posts and telecomm sectors, and to manage safety and security in posts and telecomm operations.

4. To issue, temporarily or permanently suspend, and to revoke all types of licences and certificates regarding posts and telecomm.

5. To organize the management and use of information sources and linking between telecomm networks.

6. To regulate and manage fees, charges and operations for the public interest in the posts and telecomm sectors.

7. To organize implementation of international co-operation in posts and telecommunications; to enter international treaties dealing with posts and telecommunications; to co-ordinate the radio frequency spectrum with other countries and to register radio frequencies and satellite orbits with the international organizations concerned.

8. To manage training of manpower, scientific research and application, and application of technology in the posts and telecomm sectors.

9. To organize inspections, and to deal with complaints, denunciations and breaches of the law in the posts and telecomm sectors.

Article 73 Authority for State administration of posts and telecomm

1. The Government shall exercise uniform State administration of posts and telecomm.

2. The State administrative body for posts and telecommunications shall be responsible before the Government for exercising State administration of posts and telecomm.

3. Ministries, ministerial equivalent bodies, and people's committees of provinces and cities under central authority shall, within the scope of their respective duties and powers, be responsible for co-ordinating with the State administrative body for posts and telecommunications in exercising State administration of posts and telecomm.

Article 74 Inspectorate for Posts

1. The Inspectorate for Posts shall exercise the function of inspecting the specialized industry being posts and telecomm.

2. The Inspectorate for Posts shall have the following duties:

(a) To inspect and check compliance with the law on posts and telecommunications.

(b) To impose penalties, to apply or to recommend application - depending on its authority - of measures to prevent and stop conduct in breach of the law on posts and telecommunications.

(c) To resolve complaints and denunciations in accordance with law.

3. To organize and operate the Inspectorate for Posts which the Government shall regulate.

Article 75 Complaints and denunciations

1. Any organization or individual shall have the right to lodge a complaint or to institute proceedings regarding an administrative decision or administrative conduct of a competent body, organization or individual in the course of enforcing the law on posts and telecomm.

2. Any individual shall have the right to denounce conduct in breach of the law on posts and telecomm to a competent body, organization or individual.

3. The authority and procedures for resolution of complaints and denunciations and the institution of proceedings shall be implemented in accordance with law.

Chapter VII
Rewards, and Dealing with Breaches

Article 76 Rewards

Any organization or individual with achievements in posts and telecomm operations shall be rewarded in accordance with law.

Article 77 Dealing with Breaches

1. Any person in breach of the provisions of this Ordinance and the other laws on posts and telecomm activities shall, depending on the nature and seriousness of the breach, be subject to administrative penalty or criminal prosecution; and if such breach causes loss, shall be liable to pay compensation in accordance with law.

2. Any person taking advantage of his or her position or powers to breach the provisions of this Ordinance and the other laws on posts and telecomm activities shall, depending on the nature and seriousness of the breach, be subject to disciplinary penalty or criminal prosecution; and if such breach causes loss, shall be liable to pay compensation in accordance with law.

Chapter VIII

Implementing Provisions

Article 23 Effectiveness

This Ordinance shall be of full force and effect as from 1 October 2002.

Any previous provisions inconsistent with this Ordinance are hereby repealed.

Article 24 Implementing guidelines

The Government shall provide detailed regulations and guidelines for the implementation of this Ordinance.

Hanoi, 25 May 2002
On behalf of the Standing Committee of the National Assembly
Chairman
NGUYEN VAN AN