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GENERAL DEPARTMENT       SOCIALIST REPUBLIC Of VIETNAM
   Of POST AND           Independence-freedom-Happiness
TELECOMMUNICATIONS            htmlhtmlhtml-
    No. 02-VP
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                                Hanoi, 24 January 1989.

CIRCULAR ON THE USE Of POSTAL SERVICES MAKING PROVISIONS fOR THE IMPLEMENTATIONOf DECREE NO.139/HDBT Of THE COUNCIL Of MINISTERS DATED 5 SEPTEMBER 1988 WHICH PROVIDES DETAILED

Making provisions for the implementation of Decree No. 139-HDBT of the Council of Ministers dated 5 September 1988 which provides detailed regulations for the implementation of the Law on foreign Investment in Vietnam

In order to implement the Law on foreign Investment in Vietnam dated 29 December 1987 and Decree No. 139-HDBT of the Council of Ministers dated 5 September 1988, which provides detailed regulations for implementation of the Law on foreign Investment in Vi etnam.

The General Department of Post and Telecommunications of the Socialist Republic of Vietnam makes provisions for the use of postal and telecommunications services by foreign parties engaged in contractual business co-operation or foreigners who are working in enterprises with foreign owned capital (both referred to hereafter as foreigners) and enterprises with foreign owned capital.

I. General Provisions

1. All enterprises with foreign owned capital and foreigners concerned shall, pursuant to these provisions, have priority in the use of postal and telecommunications services provided by Vietnam Post.

In addition, in keeping with international postal and telecommunications standards and practice and in accordance with its existing capabilities, Vietnam Post is prepared to meet the specific needs of any of the above enterprises or foreigners.

2. All enterprises with foreign owned capital shall register their respective addresses with Vietnam Post in the provinces and cities where they are located.

Any foreigner may use either the address of his or her enterprise or his or her personal address, or a post office box registered with the provincial or municipal office of Vietnam Post.

3. All postal and telecommunications needs shall be dealt with by the national postal and telecommunications network of Vietnam Post. Enterprises with foreign owned capital are prohibited from establishing their own postal and telecommunication line s.

II. Specific Provisions

1. Postal Services:

Enterprises with foreign owned capital and foreigners shall, in accordance with the regulations of Vietnam Post in force at the time, be permitted to use all services available in respect of all postal matters including parcel post, postal remittances, ph ilately, and delivery services for bulk printed materials.

Where the need for a specific service other than those regularly provided arises, the enterprise with foreign owned capital or foreigner concerned may make inquiry concerning provision of that service to the provincial or municipal office of Vietnam Post where their addresses are registered.

2. Telecommunications:

(a) Enterprises with foreign owned capital and foreigners shall, in accordance with the regulations of Vietnam Post in force at the time, be permitted to use all telegraphic, telephone, telex, telefax, bureaufax, and related services.

Where the need for a specific service other than those regularly provided arises, the enterprise with foreign owned capital shall make inquiry concerning provision of that service at the provincial or municipal office of Vietnam Post where its address is registered.

(b) Any enterprise with foreign owned capital or foreigner which wishes to hire a channel, or hire or procure any Vietnamese telecommunications equipment for the purpose of communication within the territorial areas of the Socialist Republic of Vietna m or with other countries shall apply to the provincial or municipal office of Vietnam Post where its or his address is registered.

The provincial or municipal office of Vietnam Post concerned shall be responsible, within its authority, for dealing with any such request made.

(c) Any enterprise with foreign owned capital which wishes to establish a specialized telecommunications network for its internal communications and to connect it to the national telecommunications network for the purpose of communication within the t erritorial areas of the Socialist Republic of Vietnam and with other countries, shall file a written application with the General Department of Post and Telecommunications Services of the Socialist Republic of Vietnam. The application shall contain the fo llowing information:

- the structure of the network;

- the mode and field of its operations;

- the system of equipment to be used;

- technical data; and

- proposed radio frequency (if any radio transmitter is used).

The General Department of Post and Telecommunications may, following due consideration of the compatibility of the technical aspects of the above with the telecommunication network of Vietnam Post, issue a license for the establishment and operation of th e network. Each license shall be issued no later than one month from the date of receipt of the application by the General Department of Post and Telecommunications.

An enterprise with foreign owned capital may apply for the installation of a specialized telecommunications network during or after the construction of its premises, and may design and install the network themselves, or appoint Vietnam Post to do the work .

The operation of each specialized telecommunications network and the use and number of radio transmitters, if any, shall strictly comply with the law of Vietnam and the regulations of Vietnam Post.

(d) All enterprises with foreign owned capital and foreigners concerned shall, upon the grant of consent by the General Department of Post and Telecommunications and approval by the authorized agencies of the Socialist Republic of Vietnam as required by the provisions of the laws of Vietnam, be permitted to import, for the purpose of installing such a telecommunications network, the necessary telecommunications equipment and components for radio transmitters.

Enterprises with foreign owned capital and foreigners may appoint Vietnam Post to import, design or install the above telecommunications equipment.

III. Payment of Charges

All enterprises with foreign owned capital and foreigners who use postal and telecommunications services, hire channels, or rent or procure any equipment or appoint Vietnam Post to carry out the importing, designing or installing of any specialized teleco mmunications network shall pay in foreign currency for the equipment and services provided.

The prices for the above-mentioned equipment and charges for services to be provided shall be regulated by the General Department of Post and Telecommunication of the Socialist Republic of Vietnam.

The provincial and city offices of Vietnam Post shall be responsible for provision to enterprises with foreign owned capital of all information and assistance necessary in relation to the use of postal services and shall assist in solving any problems whi ch arise and are within their area of responsibility. In the event that such problems are beyond the responsibility of the particular office of Vietnam Post to solve, they shall be reported to the General Department of Post and Telecommunications for res olution.

for The General Department of Post and Telecommunications