JOINT CIRCULAR

GUIDING THE INSTALLATION, MANAGEMENT AND USE OF POSTBOXES, FIXED-TELEPHONE CABLE SYSTEMS AND TELEVISION CABLE SYSTEMS IN MULTISTORIED BUILDINGS INVOLVING MULTIPLE USERS

Pursuant to the November 26, 2003 Construction Law and the Governments Decree No. 16/2005/ND-CP of February 7, 2005, on management of investment projects on the construction of works, and Decree No. 112/2006/ND-CP of September 29, 2006, amending and supplementing a number of articles of Decree No. 16/2005/ND-CP;

Pursuant to the November 29, 2005 Housing Law and the Governments Decree No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the implementation of the Housing Law;

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications; the Governments Decree No. 157/2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post; and the Governments Decree No. 160/2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding telecommunications;

Pursuant to the Governments Decree No. 86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Governments Decree No. 36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

In order to ensure synchrony in technical infrastructure and benefits of users in multistoried buildings involving multiple users, the Ministry of Information and Communication and the Ministry of Construction guide the installation, management and use of postboxes, fixed-telephone cable systems and television cable systems in these buildings as follows:

I. GOVERNING SCOPE AND SUBJECTS OF APPLICATION

1. Governing scope:

This Circular guides the installation, management and use of postboxes, fixed telephone cable systems and television cable systems for receiving terrestrial television signals in multistoried buildings involving multiple users, which are built with investment capital of different sources (below collectively referred to as buildings).

2. Subjects of application:

This Circular applies to organizations and individuals involved in the investment in construction of buildings, the installation, management and use of postboxes, fixed telephone cable systems and television cable systems in buildings.

II. GUIDANCE ON INSTALLATION

1. Installation of postboxes:

Buildings with many independent mail recipients must be installed with postboxes. Principles of installing postboxes are as follows:

1.1. Postboxes must be installed on the first floor of a building, at easy-to-see and easy-to-access places convenient for service provision, management and use;

1.2. Postboxes must be uniform in size and color and made of durable and solid materials, ensuring good appearance and safety;

1.3. Postboxes must be enough in quantity corresponding to the number of addresses according to the buildings construction design;

1.4. Mailboxes in postboxes must be numbered or marked for identifying registered recipient addresses; large enough for containing mails, books, newspapers and documents of different types currently available on the market; have own locks for each user and horizontal slots which are wide enough for putting in mails, documents, books and newspapers; slots are right below the cap of the mailbox, slopping outwards for preventing the penetration of water and the stealing of mails.

2. Installation of fixed-telephone cable systems:

Buildings must be installed with fixed telephone cable systems. Principles of installing fixed-telephone cable systems are as follows:

2.1. Being easy-to-access and convenient for the installation, connection for service provision, maintenance, management and use:

2.2. Ensuring good appearance and safety and compliance with regulations on fire and explosion prevention and fighting;

2.3. Observing relevant specialized standards and regulations;

2.4. Meeting technical conditions for enterprises licensed to provide fixed telephone services to make connection at buildings cable distribution cabinets or cable connector racks in order to provide fixed telephone services at the request of users in buildings.

3. Installation of television cable systems:

Buildings must be installed with television cable systems for receiving terrestrial television signals. A television cable system includes signal-receiving equipment and transmission system. Principles of installing television cable systems are as follows:

3.1. Being easy-to-access and convenient for installation connection, maintenance, management and use; ensuring that users in buildings can receive signals of major television channels (free-of-charge television channels for advertisement) of the Central Television Station and local television stations;

3.2. Ensuring good appearance and safety and compliance with regulations on fire and explosion prevention and fighting;

3.3. Observing relevant specialized standards and regulations

4. Postboxes, fixed-telephone cable systems and television cable systems must be installed simultaneously with technical infrastructure systems for common use in the course of construction of buildings.

5. Organizations and individuals involved in the installation of fixed-telephone cable systems or television cable systems must be fully capable as prescribed by construction law in order to ensure installation quality.

III. GUIDANCE ON MANAGEMENT AND USE

1. Users in buildings may select postal service, delivery service and fixed-telephone service providers that meet their needs.

2. The Vietnam Post, delivery enterprises and enterprises licensed to provide fixed telephone services are equal in providing services to users in buildings.

3. The management and operation of postboxes, fixed-telephone cable systems and television cable systems comply with the provisions of law on management and operation of technical infrastructure systems for common use and buildings regulations.

4. The warranty and maintenance of postboxes, fixed-telephone cable systems and television cable systems comply with the provisions of law on warranty and maintenance of buildings technical infrastructure systems for common use and the specific guidance in Section IV of this Circular.

IV. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN CONSTRUCTION, INSTALLATION, MANAGEMENT AND USE

1. The work construction investor shall:

1.1. Ensure construction of the work in synchrony with installation of the postbox, telephone cable system and television cable system in the building, from design to construction of technical infrastructure both outside and inside the building, ensuring safety and not affecting utilities, architecture, good appearance and quality of the work;

1.2. Create conditions for fixed-telephone service providers to install their transmission systems in the course of construction of the building.

2. The housing-managing enterprise and the buildings management board shall:

2.1. Receive, and organize the management, use, warranty and maintenance of, the postbox, fixed-telephone cable system and television cable system from the buildings common cable-connection box to the cable connection box of each apartment in the building under their management (including the common cable-connection box and television-signal reception equipment). Maintenance expenses shall be deducted from the buildings maintenance fund;

2.2. Create conditions for the Vietnam Post, delivery enterprises and fixed-telephone service providers to provide services for users in the building.

3. The Vietnam Post, delivery enterprises and fixed-telephone service providers shall:

3.1. Fixed-telephone service providers shall invest in the construction of, manage and maintain their transmission systems to buildings common cable connection boxes. Maintenance expenses shall be covered by those providers themselves;

3.2. Coordinate with investors upon request in designing and installing postboxes and fixed-telephone cable systems;

3.3. Coordinate with housing management enterprises, buildings management boards and users upon request in managing, using, warranting and maintaining postboxes and fixed-telephone cable systems in buildings;

3.4. Provide quality services according to state management agencies regulations and commitments under service provision and use contracts signed with customers.

4. Users shall:

4.1. Sign service provision and use contracts with providers of fixed telephone services or pay cable-television services. Fully pay charges under contracts signed between the two parties;

4.2. Preserve their own and buildings postboxes, fixed-telephone cable systems and television cable systems. Maintain by themselves equipment and transmission systems under their private ownership in their apartments;

4.3. Pay compensations according to law and buildings regulations if damaging buildings postboxes, fixed-telephone cable systems or television cable systems;

4.4. Prevent, and notify in time buildings management boards or competent agencies and organizations of, acts of violation in managing or using buildings postboxes, fixed-telephone cable systems or television cable systems.

V. RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

1. The Ministry of Information and Communication and the Ministry of Construction shall:

1.1. Guide the implementation of this Circular;

1.2. Promulgate according to their competence specialized standards and technical regulations related to the design and installation of postboxes, fixed-telephone cable systems and television cable systems in buildings;

1.3. Inspect, examine, and handle violations in accordance with law.

2. Provincial/municipal Peoples Committees shall direct professional agencies to perform the state management in their localities under the guidance of this Circular.

3. Provincial/municipal Post and Telematics Services and Construction Services shall:

3.1. Propagate, disseminate, and guide the implementation of, this Circular:

3.2. Inspect, examine, and handle violations in accordance with law.

VI. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in CONG BAO.

2. Organizations and individuals involved in the construction, installation, management and use of postboxes, fixed-telephone cable systems and television cable systems in buildings shall implement this Circular.

3. The installation of postboxes, fixed-telephone cable systems and television cable systems under the guidance of this Circular is encouraged for approved investment projects on the construction of multistoried buildings involving multiple users which are not yet executed or are being executed, buildings completely built before the effective date of this Circular and buildings of other types.

4. The installation of synchronous cable systems for receiving pay cable-television signals in buildings is encouraged to ensure that all cable-television service providers can make connection for service provision at the request of users in buildings.

5. Concerned organizations and individuals should promptly report problems arising in the course of implementation to the Ministry of Information and Communication and the Ministry of Construction for consideration, guidance or appropriate amendment or supplementation.