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THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 24/2023/QH15
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Hanoi November 24, 2023
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LAW ON TELECOMMUNICATIONS
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Law on Telecommunications
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law
provides for telecommunications activities, rights and obligations of organizations
and individuals participating in telecommunications activities, state
management of telecommunications.
Article 2. Regulated entities
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Article 3. Definitions
For the
purposes of this Law, the terms below are construed as follows:
1. "telecommunications"
are the sending, transmission, receipt and processing of symbols, signals,
data, text, images, sound or other forms of information by cables, radio waves,
optical devices and other electromagnetic devices.
2. Telecommunications
activities include investment and provision of basic telecommunications
services, value-added telecommunications services; public telecommunications
activities; issuance, reissuance, revision, revocation of telecommunications
licenses; connection and sharing of telecommunications infrastructure;
management of telecommunications resources; management of technical regulations
and standards, quality and services for telecommunications services,
construction of telecommunications works.
3. Telecommunication
devices are technical devices including hardware, software, hardware with
software used for telecommunications.
4. Terminal
devices are fixed or mobile telecommunication devices that are connected to
the terminal end of a telecommunications network for sending, transmitting,
receiving and processing information.
5.Network
devices are telecommunication devices installed on a telecommunications
network for provision of telecommunications services.
6. Telecommunications
goods are telecommunication devices and supplies that can be traded, sold
and bought on the market.
7. Telecommunications
services include basic telecommunications services and value-added
telecommunications services.
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b)
Value-added telecommunications services are services that provide additional functions
including processing, storage, and extraction of information for users via
sending, transmitting, receiving information on a telecommunications network.
8. Basic
telecommunications services on the internet are services that provide
primary functions including sending, transmission, and receipt of information
between two people or a group of people using telecommunications services on
the internet.
9. Data
center services are services that provide functions including processing,
storage, and extraction of information for users via the telecommunications
network by leasing part or all of the data center.
10. Cloud
computing is a model that allows flexible use, on-demand adjustment and
administration of shared computing resources, including networks, servers,
storage devices, applications.
11. Cloud
computing services are services that provide functions including
processing, storage, and extraction of information for users via cloud
computing.
12. Telecommunications
application services are services using the telecommunications network to
provide application services in the fields of information technology, radio and
television broadcasting, commerce, finance, banking, culture, information,
health, education and others.
13. Transmission
line is a collection of telecommunication devices used for establishing
part of or the entire information transmission line between two defined points.
14. Telecommunications
network is a collection of telecommunication devices that are connected by
transmission lines to provide telecommunications services or telecommunications
application services.
15. Public
telecommunications network is telecommunications network established by a
telecommunication enterprise to provide commercial telecommunications services
or telecommunications application services for the public.
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17. Local
area network (LAN) is a telecommunications network established by an
organization or individual at a location with a defined area and address to
which such organization has the legal right to use for the purpose of internal
communication instead of direct profit from operation of such network.
18. Internet
is a global information system that uses Internet protocol and Internet
resources to provide various services and applications for telecommunications
service users
19. Endpoint
node of a public telecommunications network is a physical connection point
of a telecommunications network according to technical regulations and
standards to assure the connection of terminal devices to the
telecommunications network and set the boundary between the telecommunication
enterprise and telecommunications service users.
20. Telecommunication
connections are physical and logical connections of telecommunications
networks through which telecommunications service users of one network can
communicate with users or access services of another network and vice versa.
21. Telecommunication
works are construction works including passive telecommunications technical
infrastructure and devices installed thereon to serve telecommunication
operations.
22. Passive
telecommunications technical infrastructure is infrastructural works
including houses, stations, antenna masts, cable posts, conduits, ducts,
trenches, tunnels and other relevant infrastructural works for installation of
telecommunication devices.
23. Data
centers are telecommunication works, including the houses, stations, cable
systems, computer systems, electricity systems and auxiliary devices installed
thereon to process, store and manage data of one or several organizations and
individuals.
24. Telecommunications
infrastructure is a collection of telecommunications networks and
telecommunication works.
25. Essential
devices are important parts of a telecommunications infrastructure owned or
largely owned on the telecommunications market and the establishment of
replacing infrastructure is economically and technically unfeasible.
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27. Telecommunications
numbers are a collection of codes and numbers under the management of
Vietnam and are uniformly planned for establishment of telecommunications
networks, provision and use of telecommunications services and
telecommunications application services.
28. Internet
resources are a collection of domain names, Internet addresses, network
codes, other numbers and names under the management of Vietnam, including
Vietnamese Internet resources and international Internet resources allocated by
international organizations to organizations and individuals for use in
Vietnam.
29. Telecommunications
enterprises are enterprises established in accordance with Vietnamese law
and are permitted to provide telecommunications services in accordance with
this Law. Telecommunication enterprises include:
a)
Providers of services with network infrastructure are enterprises that
establish, own public telecommunications networks and provide
telecommunications services;
a)
Providers of services without network infrastructure are enterprises provide
telecommunications services without establishing or owning public
telecommunications networks.
30. Telecommunications
services agents are organizations and individuals that sign contracts with
telecommunication enterprises to provide telecommunications services for users.
31. Telecommunications
service users are organizations and individuals that sign
telecommunications service contracts with telecommunication enterprises or
telecommunications service agents.
32. Telecommunication
subscribers are telecommunications service users associated with specific
telecommunications resources or transmission lines.
33. Resale
of telecommunications services means a telecommunication enterprise or
telecommunications service agent to provide telecommunications services by
leasing or buying telecommunications traffic or service under a contract with
another telecommunication enterprise.
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35. Foreign
organizations are organizations that are established overseas under foreign
laws.
Article 4. State policies on telecommunications
1. Enable
organizations and individuals in all economic sectors to invest and participate
in telecommunications business in order to populate wideband telecommunications
infrastructure, data centers, cloud computing toward sustainability and
modernity; form digital infrastructure that satisfies the requirements for
development of digital economy and digital society, contributes to defense and
security and improves the people's life.
2. Ensure
healthy competition in telecommunications.
3.
Facilitate development of infrastructure and provision of telecommunications
services in border areas, mountainous areas, highland regions, coastal sand
dunes, coastal areas, islands, ethnic minority areas, disadvantaged areas;
separate public telecommunication operations from and telecommunication
business.
4.
Promote application of the internet to administration, education, training,
healthcare, scientific research and other fields.
5.
Research and develop new-generation Internet applications, technologies,
standards, low-altitude satellites, next-generation telecommunications network
technologies.
6.
Investment construction and modernization of dedicated telecommunications
networks serving national defense, security, operations of Communist Party
agencies and the State.
7.
Encourage development of human resources for telecommunications to meet the
requirements for effective management and operation of telecommunications
infrastructure.
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Article 5. Ensuring safety of telecommunications
infrastructure, cybersecurity and information security
1.
Ensuring safety of telecommunications infrastructure, cybersecurity and
information security is the responsibility of all organizations and
individuals. Organizations and individuals are responsible for promptly
reporting any obstruction to lawful construction, sabotage or violation of
telecommunications infrastructure to the People’s Committee of the commune or
the nearest police authority.
2.
Telecommunication enterprises, organizations establishing telecommunications
networks, organizations and individuals owning passive telecommunications
infrastructure, telecommunications service agents and telecommunications
service users have the responsibility to protect telecommunications networks
and terminal devices.
3. During
performing activities, organizations and individuals must not cause harmful
interference, damage telecommunications devices, works and networks or
adversely affect lawful operation of telecommunications infrastructure of other
organizations and individuals.
4.
Organizations and individuals engaged in telecommunications activities shall be
subject to management, inspection and examination by competent state agencies,
and respond to requests of these agencies for the assurance of safety of
telecommunications infrastructure and information security according to
regulations of law.
5. The
Ministry of National Defense, the Ministry of Public Security and People's
Committees at all levels and relevant agencies shall, within the ambit of their
tasks and powers, protect the safety of the telecommunications infrastructure
and handle acts of obstruction to lawful construction, sabotage or violation of
telecommunications infrastructure
6.
Telecommunication enterprises are responsible for terminating the provision of
telecommunications services in case of mob violence or use of
telecommunications services against national security or the State of the
Socialist Republic of Vietnam at the request of competent state agencies under
regulations of law.
7. At the
request of competent state agencies according to the Cybersecurity Law,
telecommunications enterprises shall provide telecommunications network access
points and other necessary technical and professional conditions for these
agencies to control and protect the information security
8. The
Government shall elaborate assurance about safety of telecommunications
infrastructure and cybersecurity in telecommunications activities.
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1.
Organizations and individuals engaged in telecommunications activities shall
protect state secrets under the law on protection of state secrets.
2. When
sending, transmitting or storing information classified as state secrets
through telecommunications networks, organizations and individuals shall
encrypt such information under the law on cipher.
3.
Private information transmitted through public telecommunications networks of
all organizations and individuals shall be kept confidential. Information on
telecommunications networks shall be controlled by competent state agencies
under regulations of law.
4.
Telecommunications enterprises must not disclose private information related to
telecommunications service users, including information on telecommunication
subscribers (names, addresses, telecommunications subscriber numbers and other
private information provided by users upon entry into contracts with
telecommunications enterprises), and information about use of
telecommunications services (sending and receiving numbers, positions of
sending and receiving terminal devices, sending and receiving time, call
duration and internet address), except for the following cases:
a)
Telecommunications service users agree to provide information according to
regulations of the law on protection of personal data;
b)
Telecommunications enterprises agree in writing to exchange and provision of
information on telecommunication subscribers and use of telecommunications
services by users for calculation of charges and billing of invoices;
c)
Telecommunications enterprises provide information on telecommunication
subscribers that commit acts of shirking obligations to pay telecommunications
service prices according to regulations issued by the Minister of Information
and Communications;
d) There
is any request from competent state agencies according to regulations of law.
Article 7. Information prioritized for transmission via
telecommunications networks
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2. Urgent
information in service of prevention and control of natural disasters, search
and rescue, salvage, fires and other disasters.
3. Urgent
information in service of prevention and control of epidemics and diseases.
4. Other
cases specified by the law on cases of emergency.
Article 8. National telecommunications development planning
1.
National telecommunications development planning is integrated into the
information and communications infrastructure planning with a view to setting
objectives, principles and orientations for development of telecommunications
market, infrastructure, technologies and services and solutions thereto.
2. The
formulation of national telecommunications development planning shall adhere to
the following principles:
a)
Conform to the national strategy, national planning and national socio-economic
development plan during each period; comply with Vietnamese laws and
international treaties to which the Socialist Republic of Vietnam is a
signatory;
b) Be
consistent with the trend of telecommunications technology and service
convergence; and facilitate the application of modem and advanced technologies;
c) Ensure
effective and economical management, extraction and use of telecommunications
resources for proper purposes;
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dd)
Protect the environment and ensure the safety of telecommunications
infrastructure and information security.
3.
According to information and communications infrastructure planning, regional
planning, provincial planning, technical planning and specialized planning,
telecommunications enterprises shall formulate their plannings and plans.
Article 9. Prohibited acts in telecommunications activities
1. Taking
advantage of telecommunications activities to commit acts against the State of
the Socialist Republic of Vietnam; violating national security or social order
and safety, thereby causing harm to interests of the State, the legitimate
rights and interests of organizations and/or individuals
2.
Stealthily retrieving, eavesdropping on or accessing without permission
information on telecommunications networks; hacking and using without
permission telecommunications resources, passwords, keywords and private
information of other organizations and individuals.
3.
Illegally obstructing the establishment of telecommunications infrastructure,
disrupting or undermining the establishment of telecommunications
infrastructure, lawful provision and use of telecommunications services.
4.
Establishing telecommunications infrastructure and providing telecommunications
services without permission under regulations of law.
5. Using
devices and software that send, transmit and receive information via
telecommunications networks in order to commit violations against law.
Chapter II
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Section 1. TELECOMMUNICATIONS BUSINESS AND INVESTMENT
Article 10. Forms of telecommunications business
1.
Telecommunications business means provision of telecommunications services and
trade in telecommunications goods:
a)
Provision of telecommunications services means investment in establishment of
public telecommunications networks and provision of telecommunications services
for profitable purposes.
b) Trade
in telecommunications goods means investment in manufacture, exchange, sale and
purchase, or lease of telecommunications goods for profitable purposes.
2. The
provision of telecommunications services shall comply with this Law and other
relevant laws. The trade in telecommunications goods shall comply with Articles
42 and 55 of this Law and other relevant laws.
Article 11. Ownership in provision of telecommunications
services
1. The
State shall maintain its contributed capital and shares in order to ensure
control of the operation of telecommunications service providers with network
infrastructure which are particularly important to operation of the entire
national telecommunications infrastructure and exert direct effects on
socio-economic development and defense and security maintenance.
2. The
Prime Minister promulgates the list of service providers with network
infrastructure specified in Clause 1 of this Article.
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Article 12. Investment in provision of telecommunications
services
1.
Investment in provision of telecommunications services in Vietnam shall comply
with this Law and the law on investment.
2.
Conditions for access to market applicable to foreign investors in provision of
telecommunications services shall comply with Vietnamese laws and international
treaties to which the Socialist Republic of Vietnam is a signatory.
3.
Offshore investment in provision of telecommunications services shall comply
with the law on investment.
Article 13. Rights and obligations of telecommunications
enterprises
1. A
service provider without network infrastructure has the following rights:
a) Build,
install and own a system of telecommunications devices and transmission lines
within locations of its public service establishments and points to provide
telecommunications services for users;
b) Hire
transmission lines for connection between its system of telecommunications
devices and public service establishments and points and public
telecommunications networks of other telecommunications enterprises;
c) Hire
transmission lines or buy telecommunications traffic or services of other
telecommunications enterprises for reseal to telecommunications service users;
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dd) Be
provided with telecommunications resources under regulations of this Law on
management of telecommunications resources;
e)
Conduct study for development of, and test of new technologies and models in
telecommunications activities;
g)
Exercise other rights according to regulations of the Law on Enterprises and
other relevant laws.
2. A
service provider without network infrastructure also has the following
obligations:
a) Make
financial contributions to Vietnam public-utility telecommunication service
fund according to regulations of law;
b) Take
responsibility for the quality of services according to registered or announced
standards; ensure the correct, adequate and accurate calculation of service
charges under telecommunications service contracts;
c) Be
subject to the control by competent state agencies and comply with regulations
on assurance of safety of telecommunications infrastructure and information
security;
d)
Report, on a periodic or ad hoc basis, on its telecommunications activities
according to regulations of the Minister of Information and Communications; and
take responsibility for the accuracy and timeliness of reported contents and
data.
dd)
Implement measures to prevent connection to Internet addresses and domain names
and other preventive measures applicable to the system of telecommunications
devices, telecommunications services and telecommunications application
services used to commit the acts specified in Clause 1 Article 9 of this Law at
written request of competent state agencies according to regulations of law;
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g)
Respond to requests of competent state agencies for mobilization of a part of
or the entire telecommunications infrastructure or telecommunications services
in emergency cases according to regulations of laws on national defense and
security and emergency cases;
h) Ensure
that telecommunication subscribers retain subscriber numbers when the service
provider is changed with regard to telecommunications services of the same
type;
i) Only
provide telecommunications services for users whose information is adequate and
consistent with that on personal documents presented upon entry into contracts
according to regulations of law;
k)
Verify, store and use information about telecommunication subscribers, and
handle SIM containing inadequate and incorrect information on telecommunication
subscribers;
l)
Prevent and control illegal messages and calls according to the Government's
regulations;
m) Stop
providing telecommunications services for telecommunication subscribers that
commit violations against the law on telecommunications;
n)
Fulfill other obligations prescribed by law on enterprises and other
regulations of relevant laws.
3. A
service provider with network infrastructure has the following rights:
a) Have
rights specified in Clause 1 of this Article;
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c) Lease
telecommunications infrastructure out to other telecommunications enterprises;
d)
Participate in provision of public-utility telecommunications services.
4. A
service provider with network infrastructure has the following obligations:
a) Have
obligations specified in Clause 2 of this Article;
b) Lease
other telecommunications enterprises passive telecommunications technical
infrastructure if consistent with the planning for passive telecommunications
technical infrastructure and economically and technically feasible;
c)
Decommission and demolish telecommunications works under its ownership and
management showing signs of danger and failing to ensure safe operation and use
according to the law on construction;
d) Carry
out undergrounding and renewal of telecommunications cables
5. The
Government shall elaborate Points h, k and m Clause 2, point d Clause 4 of this
Article.
Article 14. Rights and obligations of telecommunications
service agents
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a) Set up
a system of terminal devices at a location intended for provision of
telecommunications services for users as agreed in a telecommunications service
agency contract;
b)
Provide or resell telecommunications services under this Law;
c)
Request the telecommunications enterprise to sign the telecommunications
service agency contract to provide guidance and supply information on telecommunications
services;
d) Stop
providing telecommunications services for users that commit violations against
the law on telecommunications;
d)
Exercise other rights prescribed by the Commercial Law and other regulations of
relevant laws.
2. A
telecommunications service agent has the following obligations:
a) Comply
with regulations on assurance of safety of telecommunications infrastructure
and information security;
b)
Provide telecommunications services with quality and prices indicated in the
telecommunications service agency contract.
c) Be
subject to inspection and control of execution of the telecommunications
service agency contract by the telecommunications enterprise that has signed
the contract;
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dd)
Fulfill other obligations prescribed by the Commercial Law and other
regulations of relevant laws.
Article 15. Rights and obligations of telecommunications
service users and telecommunications subscribers
1.
Telecommunications service users have the following rights:
a) Select
telecommunications enterprises or telecommunications service agents to sign
telecommunications service contracts;
b)
Request telecommunications enterprises and telecommunications service agents to
provide necessary information related to the use of telecommunications
services;
c) Use
telecommunications services with quality and prices indicated in
telecommunications service contracts.
d) Refuse
to use some or all telecommunications services under telecommunications service
contracts;
dd) Have
their private information kept confidential under law;
e)
Complain about service prices and quality; be refunded service charges or enjoy
compensations for other direct damage caused by telecommunications enterprises
or telecommunications service agents;
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a) Pay
telecommunications service charges in full and on time;
b) Pay
compensations for direct damage caused by them to telecommunications
enterprises or telecommunications service agents;
c) Be
responsible to the law for information sent or stored on telecommunications
networks;
d) Be
prohibited from using telecommunications infrastructure of telecommunications
enterprises in order to provide telecommunications services.
3.
Telecommunications subscribers have the following rights:
a) Have
rights specified in Clause 1 of this Article;
b) Design
and install or hire other organizations or individuals to design and install
terminal devices and LAN from their locations for service use to the endpoint
node of the public telecommunications network;
4.
Telecommunications subscribers have the following obligations:
a) Have
obligations specified in Clause 2 of this Article;
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c)
Provide their vital information in an adequate and accurate manner to telecommunications
enterprises upon entry into telecommunications service contracts;
d) Be
prohibited from using information on their personal documents to conclude
telecommunications service contracts with other persons, except as permitted by
law on telecommunications;
dd) Be
responsible to the law for use of telecommunications subscriber numbers
indicated in contracts concluded by them with telecommunications enterprises;
e)
Protect their passwords, keywords and terminal devices.
Article 16. Telecommunications wholesaling
1.
Telecommunications wholesaling means a telecommunications enterprise to lease
its telecommunications network out to or sell its telecommunications traffic or
service to another telecommunications enterprise for provision of
telecommunications services.
2.
Telecommunications wholesaling shall comply with the following regulations:
a)
Provide services and their prices and relevant conditions in a fair, reasonable
and non-discriminatory manner;
b) Give
information on prices, technical standards and regulations on
telecommunications, quality of telecommunications networks and services in a
transparent manner.
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Article 17. Market-leading telecommunications enterprises
and groups of market-leading telecommunications enterprises
1. The
Government shall provide for criteria for determination of telecommunications
service markets under management of the State, market-leading
telecommunications enterprises and groups of market-leading telecommunications
enterprises (hereinafter referred to as “market leaders”) in such markets.
2.
Pursuant to Clause 1 of this Article, the Minister of Information and
Communications shall issue a list of telecommunications service markets under
management of the State and list of market leaders in such markets.
3. Apart
from obligations specified in Clause 2 and Clause 4 Article 13 of this Law,
market leaders shall fulfill the following obligations to telecommunications
service markets where they hold leading positions:
a) Carry
out telecommunications wholesaling upon request of other telecommunications
enterprises according to regulations in Article 16 of this Law;
b)
Implement record-keeping of costs and determine costs of telecommunications
services provided by the enterprises;
c) Be
prohibited from providing telecommunications services at prices below their
costs, except for discounts and allowances according to regulations of law;
d) Reach
agreements when carrying out telecommunications wholesaling according to
regulations issued by the Minister of Information and Communications.
Section 2. ESTABLISHMENT OF TELECOMMUNICATIONS NETWORKS AND
PROVISION OF TELECOMMUNICATIONS SERVICES
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1. The
installation and connection of terminal devices and LAN of telecommunications
subscribers to the public telecommunications network shall comply with
regulations of this Law on management of telecommunications resources and
technical standards and regulations
2. The
connection between terminal devices and LAN of telecommunications subscribers
and the public telecommunications network shall be established by
telecommunications enterprises under telecommunications service contracts.
Article 19. Establishment of telecommunications networks
1.
Telecommunications networks shall be built and developed under
telecommunications strategies, plannings, technical regulations and standards
approved or promulgated by competent state agencies.
2.
Organizations establishing telecommunications networks shall obtain licenses
for provision of telecommunications services with network infrastructure
specified in point a Clause 2 Article 33 of this Law or licenses for
establishment of telecommunications networks specified in Point b and Point d
Clause 3 Article 33 of this Law.
3. The
Prime Minister shall specify the establishment and operation of private
telecommunications networks in service of the Communist Party's and the State's
agencies.
4. The
Minister of National Defense and the Minister of Public Security shall
prescribe the establishment and operation of private telecommunications
networks in service of national defense and security and cipher.
5. Except
for the cases specified in Clauses 3 and 4 of this Article, organizations
establishing private telecommunications networks shall obtain licenses for
establishment of such networks in the following cases:
a)
Private telecommunications networks with wired transmission lines built by
organizations;
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c)
Wireless telecommunications networks for private use by organizations that
enjoy diplomatic privileges and immunities applicable to foreign diplomatic
missions, consular offices and Vietnam-based representative offices of
international organizations;
d) Other
private telecommunications networks.
6. The
Government shall specify establishment of telecommunications networks specified
in Clause 2 and Clause 5 of this Article.
Article 20. Provision of telecommunications services
1.
Telecommunications service providers shall obtain licenses for provision of
telecommunications services, or apply for or notify provision of
telecommunications services, except the cases specified in Article 42 of this
Law.
2. The
provision of telecommunications application services shall comply with
regulations of this Law on connection and management of telecommunications
resources, technical standards and regulations on telecommunications and other
relevant laws.
3.
Telecommunications services shall be provided for users on the basis of
telecommunications service contracts signed by telecommunications enterprises,
telecommunications services agents and users.
4.
Telecommunications service providers shall register standard form contracts or
general trading conditions according to regulations of the law on protection of
consumers’ rights.
5.
Vietnamese telecommunications enterprises shall provide offshore
telecommunications services under Vietnamese laws, international treaties to
which the Socialist Republic of Vietnam is a signatory and laws of countries
for which services are provided.
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Article 21. Provision of telecommunications services across
the border for telecommunications service users in the Vietnamese territory
1. The
provision of telecommunications services across the border for
telecommunications service users in the Vietnamese territory shall comply with
Vietnamese laws and international treaties to which the Socialist Republic of
Vietnam is a signatory.
2.
Regarding the provision of telecommunications services under commitments of
international treaties to which the Socialist Republic of Vietnam is a
signatory, foreign organizations providing telecommunications services across
the border shall fulfill obligations indicated in such commitments, meet
requirements for national defense and security and public policies and comply
with regulations in Clause 6 Article 5, Article 6, point b and point d Clause 2
Article 13 of this Law and other regulations of the law on cybersecurity and
information security.
3.
Telecommunications enterprises reaching commercial agreements with foreign
organizations providing telecommunications services across the border for users
in the Vietnamese territory shall prepare technical plans to ensure information
security and urgently stop providing telecommunications services at the request
of competent state agencies.
4. The
Government shall elaborate Clause 2 and Clause 3 of this Article.
Article 22. Refusal to provide telecommunications services
1.
Telecommunications enterprises and telecommunications services agents must not
refuse to enter into contracts with telecommunications service users, except
the following cases:
a)
Telecommunications service users breach telecommunications service contracts
signed with telecommunications enterprises;
b) The
provision of telecommunications services is not economically and technically
feasible;
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d) There
are written requests of competent state agencies under regulations of law.
2.
Telecommunications enterprises must not unilaterally terminate contracts with
telecommunications service users, except the following cases:
a)
Telecommunications service users breach telecommunications service contracts
signed;
b)
Telecommunication subscribers commit violations against the law on
telecommunications. The Government shall elaborate this Point.
c) There
are written requests of competent state agencies under regulations of law.
Article 23. Discontinuation
in provision of telecommunications services
1.
Telecommunications enterprises may only discontinue providing some or all
telecommunications services when meeting all the following conditions:
a) They
have plans to protect legitimate rights and interests of users under
telecommunications service contracts signed and those of relevant parties;
b) They
notified the Ministry of Information and Communications of discontinuation in
provision of telecommunications services.
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a) They
have plans to protect legitimate rights and interests of users under
telecommunications service contracts signed and those of relevant parties;
b) If
they discontinue providing telecommunications services without termination of
their operations, they shall provide telecommunications service users with
alternative services, transfer users to similar services provided by other
telecommunications enterprises or pay compensations to service users;
c) If they
discontinue providing telecommunications services due to termination of their
operations, they shall adopt measures to maintain provision of
telecommunications services for users which are included in reorganization
plans or plans for bankruptcy and dissolution of enterprises.
3. If
they discontinue providing telecommunications services at the request of
competent state agencies due to commission of violations against law, they
shall prepare plans to protect legitimate rights and interests of users under
telecommunications service contracts signed and plans to implement remedial
measures, and send written reports o the Ministry of Information and
Communications.
4. The
Government shall elaborate conditions and procedures for discontinuation in
provision of some or all telecommunications services.
Article 24. Technical communication
1.
Telecommunications enterprises may free of charge use domestic and
international communication via telecommunications networks operated by them
for their management, administration and technical and professional handling.
2.
Telecommunications enterprises shall specify subjects eligible for, scope and
level of use and promulgate regulations on management of internal technical
communication.
Article 25. Emergency telecommunications services
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2.
Determination of emergency phone numbers in telecommunications numbers and
provision of emergency telecommunications services shall comply with
regulations issued by the Minister of Information and Communications.
3.
Telecommunications enterprises shall:
a) Notify
telecommunications service users of emergency phone numbers and publish them in
public telephone directories;
b) Ensure
that telecommunications service users may access emergency phone numbers;
c)
Provide free-of-charge emergency telecommunications services for telephone
service users.
Article 26. Service of assistance in search for fixed
telephone subscriber numbers
1. Public
telephone directory means a collection of information on names, addresses,
subscriber numbers and other relevant information on fixed telephone
subscribers retained in the form of hard copy and soft copy distributed or
managed by a telecommunications enterprise.
2. The
telecommunications enterprise may only add information about subscribers to the
public telephone directory after obtaining consent from telecommunications
service users.
3. The
service of assistance in search for fixed telephone subscriber numbers means a
service which assists telecommunication service users in searching fixed
telephone subscriber numbers with public telephone directories.
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Article 27. Service of report on breakdown of
telecommunications services
1.
Service of report on breakdown of telecommunications services means a service
which allows a user to notify abnormal operation of telecommunications services
managed by a telecommunications enterprise and request remedy.
2.
Telecommunications enterprises shall assure the accessibility of the service of
report on breakdown of telecommunications services for and exempt
telecommunications service users from the charge for this service.
Section 3. PROVISION OF BASIC TELECOMMUNICATIONS SERVICES
ON THE INTERNET, DATA CENTER SERVICES AND CLOUD COMPUTING SERVICES
Article 28. Provision of basic telecommunications services
on the internet
1.
Enterprises providing basic telecommunications services on the internet have
the following rights:
a) Invest
in provision of basic telecommunications services on the internet without
limits to share/stock holdings or contribution percentages of foreign investors under contracts for cooperation in
provision of services
b) Have
the rights specified in points a, b, dd, e and g Clause 1 Article 13, Clause 3
Article 40, Clause 2 Article 62 of this Law.
2.
Enterprises providing basic telecommunications services on the internet have
the following obligations:
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b) Comply
with regulations in Clauses 1, 2, 3, 4 and 6 Article 5, Article 6, Article 9,
Points b, c, d, g, l and n Clause 2 Article 13, Clauses 1, 3 and 4 Article 20,
Article 22, Clause 1 and Clause 3, Article 23, Clause 2, Article 40 of this
Law;
c) Comply
with regulations in Article 58, Clause 3, Article 59, Article 60, Clause 1 and
Clause 3, Article 62 of this Law in case they provide services for users and
collect charges for such services;
d)
Store and manage information about users of telecommunications services
provided when they enter into telecommunications service contracts according to
the Government’s regulations;
dd) In
case where it is required to access functions on terminal devices of users to provide
services, notify these users of such access and obtain their consent before
access to functions;
e)
Announce quality of their services in case where they own network
infrastructure or reach agreement with telecommunications enterprises owning
network infrastructure; announce quality of their services according to quality
of telecommunications networks and services managed and provided by other
telecommunications enterprises in case where they do not own network
infrastructure or reach agreement with telecommunications enterprises owning
network infrastructure.
3. The
Government shall elaborate rights and obligations of foreign enterprises
providing basic telecommunications services on the internet across the border
for service users in the Vietnamese territory on principles of respect for the
national independence, sovereignty, mutual respect, assurance about information
security and safety and general commitments indicated in international treaties
to which the Socialist Republic of Vietnam is a signatory.
Article 29. Provision and use of data center services and
cloud computing services
1.
Enterprises providing data center services and cloud computing services have
the following rights:
a) Invest
in provision of data center services and cloud computing services without
limits to share/stock holdings or contribution percentages of foreign investors
under contracts for cooperation in provision of services;
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c) Be not
liable for information about service users during processing, storage and
extraction of such information, unless otherwise prescribed by laws.
2.
Enterprises providing data center services and cloud computing services have
the following obligations:
a)
Register and notify provision of telecommunications services according to
regulations in Article 41 of this Law;
b) Comply
with laws on cybersecurity and information security, and protection of personal
data and other regulations of relevant laws;
c)
Conform to regulations in Clauses 1, 2, 3, 4 and 6 Article 5, Article 6, Clause
3 Article 8, Article 9, Points b, c, d and n Clause 2 Article 13, Clauses 1, 3
and 4 Article 20, Article 22, Clause 1 and Clause 3, Article 23, Clause 2,
Article 40, Clause 3, Article 55, Article 58, Clause 3, Article 59, Article 60,
Clause 1 and Clause 3, Article 62 of this Law;
d) Ensure
that telecommunications enterprises may connect with and provide data center
services for users;
dd) Be
prohibited from accessing, extracting and using data on service users
processed, stored and extracted via services of enterprises if they do not
obtain consent from these users;
e)
Promptly implement necessary measures to prevent access to information at the
request of competent state agencies under regulations of law;
g) Be
prohibited from monitoring and supervising information about service users,
unless otherwise required by competent state agencies regulated by law;
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i)
Announce quality of their services.
3. Before
putting data centers into use in order to provide data center services and
cloud computing services for the public, enterprises shall announce the
conformity of such data centers with technical regulations and standards
according to regulations issued by the Minister of Information and Communications.
4.
Enterprises shall use data center services and cloud computing services in
operations of industries and sectors according to regulations of this Law and
other regulations of relevant laws.
5. The
Government shall elaborate:
a) Rights
and obligations of foreign enterprises providing data center services and cloud
computing services across the border for service users in the Vietnamese
territory on principles of respect for the national independence, sovereignty,
mutual respect, assurance about information security and safety and general
commitments indicated in international treaties to which the Socialist Republic
of Vietnam is a signatory;
b)
Provision and use of data center services and cloud computing services in
operations of competent state agencies.
Chapter III
PUBLIC-UTILITY TELECOMMUNICATIONS
Article 30. Public-utility telecommunications activities
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2.
Public-utility telecommunications services include:
a)
Universal telecommunications service which means a telecommunications service
provided for all people according to the service list, locations, conditions,
quality and prices prescribed by the State;
b)
Mandatory telecommunications service which means a telecommunications service
provided at the request of the State in order to assure information and
communications in cases of emergency under law.
3.
Public-utility telecommunications activities shall adhere to the following
principles:
a)
Universalizing telecommunications services in border areas, mountainous areas,
highland regions, coastal sand dunes, coastal areas and islands, ethnic
minority areas, extremely disadvantaged areas and areas where business is
unpromising according to market mechanism which are given priority;
b)
Ensuring that all people have the right to access services in a fair and
reasonable manner; prioritizing provision of assistance in use of
public-utility telecommunications services and terminal devices for poor
households, near-poor households, families that are beneficiaries of social
policies and beneficiaries of other special policies under the Government’s
decision.
4.
Funding for the performance of public-utility telecommunications activities is
covered by the public-utility telecommunication service fund.
Article 31. Vietnam public-utility telecommunications
service fund
1. The
Vietnam public-utility telecommunications service fund is a state off-budget
financial fund managed by the Ministry of Information and Communications for
implementation of the State’s policies on public-utility telecommunications
activities.
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a) It
operates in a non-profit and transparent manner, for the intended purposes, in
accordance with this Law and other regulations of relevant laws;
b) Its
revenues, expenditures, accounting, settlement, financial and asset disclosure
shall comply with regulations of law;
c)
Revenue plans shall be balanced with expenditure tasks and disbursement
progress for public-utility telecommunications activities;
d) The
operations of the Vietnam public-utility telecommunications service fund shall
be subject to inspection, supervision and audit by competent state agencies.
3. The
Vietnam public-utility telecommunications service fund is used for the
following purposes:
a)
Assisting in the provision of public-utility telecommunications services to
compensate for the costs of telecommunications enterprises which develop,
upgrade and maintain telecommunications infrastructure in border areas,
mountainous areas, highland regions, coastal sand dunes, coastal areas and
islands, ethnic minority areas, extremely disadvantaged areas and areas where
business is unpromising according to market mechanism; ensuring the combined
protection of border areas on land and sovereignty over seas and islands;
b)
Assisting in the use of public-utility telecommunications services;
c)
Assisting in terminal devices;
d) Giving
the funding for management of public-utility telecommunications activities
assigned to the Vietnam public-utility telecommunications service fund;
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4. The
Vietnam public-utility telecommunications service fund is raised from the
following sources:
a)
Contributions in proportion to the revenue from telecommunications services of
telecommunications enterprises;
b) Legal
financial resources other than state budget.
5. The
Prime Minister shall decide to establish and provide for organization,
operations, funding sources, and use of funding for operations of the Vietnam
public-utility telecommunications service fund.
Article 32. Management of public-utility telecommunications
activities
1.
Public-utility telecommunications activities shall be performed as follows:
a) Giving
assistance to telecommunications enterprises to provide public-utility
telecommunications services by commissioning, ordering or tendering for
services;
b)
Assisting beneficiaries in using public-utility telecommunications services via
telecommunications enterprises by commissioning or ordering services or
directly assisting telecommunications service users;
c) Giving
assistance in terminal devices, whether in cash or in kind, to beneficiaries
via telecommunications enterprises by commissioning or tendering for services
or directly assisting such beneficiaries.
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3. The
Prime Minister shall decide public-utility telecommunications service programs
in accordance with the information and communications infrastructure planning
and the socio-economic development in each period, including the list of
public-utility telecommunications services, locations, regions, beneficiaries,
methods of implementing public-utility telecommunications activities,
contributions made by telecommunications enterprises to the Vietnam
public-utility telecommunications service fund and solutions to implementation
of such programs.
4. The
Ministry of Information and Communications shall:
a)
Preside over and cooperate with the Ministry of Finance, the Ministry of
Planning and Investment, relevant ministries and central government authorities
and provincial People’s Committees in formulating public-utility
telecommunications service programs and submitting them to the Prime Minister
for decision thereon;
b)
Preside over and cooperate with the Ministry of Finance, Ministry of Planning
and Investment and relevant authorities in providing guidance on the
implementation of public telecommunications service programs;
c)
Promulgate public-utility telecommunications service prices in accordance with
Article 59 of this Law;
d)
Organize, manage, and inspect the performance of public-utility telecommunications
activities.
5.
Provincial People’s Committees shall:
a)
Cooperate with the Ministry of Information and Communications in proposing
areas eligible for assistance in provision of public-utility telecommunications
services, and a list of beneficiaries of use of public-utility
telecommunications services and terminal devices in their provinces;
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c)
Cooperate in inspection of the performance of public-utility telecommunications
activities in their provinces.
Chapter IV
TELECOMMUNICATIONS LICENSES
Article 33. Telecommunications licenses
1.
Telecommunications licenses include licenses for provision of
telecommunications services and licenses for telecommunications operations.
2.
Licenses for provision of telecommunications services include:
a)
License for provision of telecommunications services with network
infrastructure which is valid for no more than 15 years and is issued to a
service provider with network infrastructure;
b)
License for provision of telecommunications services without network
infrastructure, which is valid for no more than 10 years and is issued to a
service provider without network infrastructure.
3. Licenses
for telecommunications operations include:
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b)
License for establishment of private telecommunications networks, which is
valid for no more than 10 years, and is issued to an organization that
establishes private telecommunications networks;
c)
License for testing of telecommunications networks and services, which is valid
for no more than 02 years and is issued to a telecommunications enterprise
which tests telecommunications networks and services.
d)
License for establishment of telecommunications networks, which is valid for no
more than 10 years, and is issued to the national radio station or the national
television station under the Government for provision of information and
dissemination of the Communist Party’s policies and guidelines, the State’s
policies and laws and non-profit activities.
4. The
Minister of Information and Communications shall issue, renew, re-issue, amend,
supplement and revoke telecommunications licenses and compel the termination of
provision of telecommunications services.
5. The
Government shall elaborate conditions and procedures for issuance, renewal,
re-issuance, amendments, supplement and revocation of various types of
telecommunications licenses, and forcible termination of provision of
telecommunications services.
Article 34. Principles of issuance of telecommunications
licenses
1.
Conforming to the information and communication infrastructure planning.
2. Giving
priority to projects which can be rapidly implemented and involve commitments
to provide services for telecommunications service users for a long term;
projects on provision of telecommunication services for border areas,
mountainous areas, highland regions, coastal sand dunes, coastal areas and islands,
ethnic minority areas, extremely disadvantaged areas.
3.
Telecommunications licenses to be issued which cover the use of
telecommunications resources will be only issued if the allocation of these
telecommunications resources is feasible and in line with the approved radio
frequency planning, planning for telecommunications numbers, and internet
resource planning, and ensures the effective use of the telecommunications
resources.
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1. Separate
licensing is a form of telecommunications licensing by imposition of separate
conditions and obligations on each enterprise. To be specific:
a)
Licenses for provision of telecommunications services with network
infrastructure using radio frequencies issued by the auction of rights to use
radio frequencies, through the examination for enjoyment of the rights to use
radio frequencies or re-issuance of licenses for use of radio frequencies;
b)
Licenses for provision of telecommunications services with network
infrastructure issued to areas with special requirements in accordance with the
Government’s regulations.
2.
Group-based licensing is a form of telecommunications licensing provided that
the general conditions and obligations specified for organizations and
enterprises are satisfied. To be specific:
a)
Licenses for provision of telecommunications services with network
infrastructure, except for the cases specified in Clause 1 of this Article;
b) Licenses
for provision of telecommunications services without network infrastructure,
unless the provision of services shall be registered and notified in accordance
with Clauses 1 and 2, Article 41 of this Law;
c)
Licenses for telecommunications operations.
Article 36. Conditions for issuance of licenses for
provision of telecommunications services
1. A
telecommunications license specified at Point a, Clause 1, Article 35 of this
Law shall be issued to an enterprise when all the following conditions are met:
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b) Having
minimum charter capital in accordance with the Government’s regulations;
c) Not
undergoing dissolution or bankruptcy procedures under the competent state
agency's decision;
d) Making
a technical plan and a business plan in conformity with the information and
communications infrastructure planning and in accordance with regulations of
this Law on telecommunications resources, connections, service prices, technical
standards, regulations, quality of telecommunications services, safety of
telecommunications infrastructure, protection of legitimate rights and
interests of telecommunications service users and other regulations of relevant
laws;
dd)
Committing to deploy telecommunications network for frequency band and radio
frequency channel allocated in the form of auction or examination or for
frequency band re-allocated;
e)
Winning the auction or passing the examination for enjoyment of the right to
use radio frequency or being eligible to be re-issued with a license for use of
radio frequency.
2. A
telecommunications license specified at Point a, Clause 2, Article 35 of this
Law shall be issued to an enterprise when all the following conditions are met:
a) Meeting
conditions specified in Points a,b,c and d Clause 1 of this Article;
b)
Satisfying conditions for deployment of telecommunications network regulated by
the Government.
3. A
telecommunications license specified at Point b, Clause 2, Article 35 of this
Law shall be issued to an enterprise when the conditions specified in Points
a,c and d Clause 1 of this Article are met:
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An
enterprise is eligible to participate in an auction and examination for the
right to use radio frequency when it meets the conditions specified at Points
a, b, c, d and dd, Clause 1 of Article 36 of this Law and has fulfilled its
financial obligations regarding telecommunications in accordance with the law.
Article 38. Conditions for issuance of licenses for
telecommunications operations
1. A
license for installation of submarine telecommunications cable lines shall be
issued to a Vietnamese or foreign organization when the following conditions
are met:
a)
Committing to comply with regulations of Vietnamese laws;
b)
Committing to fail to cause pollution of the marine environment;
c)
Committing to fail to perform activities other than survey, installation,
maintenance, repair, and withdrawal of telecommunications cable lines;
d)
Setting up a project to install submarine telecommunications cable lines in
accordance with the information and communication infrastructure planning,
regulations on national defense, security, environmental protection and other
regulations of relevant laws;
dd)
Committing to be subject to inspection, control and instruction by the
competent state agency upon survey, installation, maintenance, repair or
withdrawal of cable lines in Vietnamese seas and bear all expenses for such
inspection, control or instruction.
2. A
license for establishment of a private telecommunications network shall be
issued to an organization when the following conditions are met:
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b) Making
a technical plan and a professional operation plan in conformity with the
information and communications infrastructure planning and in accordance with
regulations of this Law on telecommunications resources, connections, technical
standards and regulations on telecommunications;
c)
Implementing measures to assure the safety of telecommunications
infrastructure, cybersecurity and information security.
3. A
license for testing of telecommunications networks and services shall be issued
to a telecommunications enterprise when the following conditions are met. To be
specific:
a)
Services requested to be tested are telecommunications services not indicated
in the issued telecommunications license or telecommunications services using
telecommunications resources other than those already allocated;
b)
Testing scope and scale are limited in order to assess the technology and
market before official commencement of business operation;
c) The
testing plan is compliance with regulations on telecommunications connection,
service prices, technical regulations and standards.
4. A
license for establishment of telecommunications networks specified at Point d,
Clause 3, Article 33 of this Law shall be issued to an organization when all
the following conditions are met:
a)
Committing to establish a telecommunications network for not-for-profit
purposes;
b) Making
a technical plan in conformity with the information and communications
infrastructure planning and in accordance with regulations of this Law on
telecommunications resources, connections, service prices, technical standards,
regulations, quality of telecommunications services, safety of
telecommunications infrastructure, protection of legitimate rights and
interests of telecommunications service users and other regulations of relevant
laws;
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1. Before
a telecommunications license expires, an organization or enterprise holding
such telecommunications license may request renewal or re-issuance of the
telecommunications license. During the validity duration of the license, the
organization or enterprise issued with such telecommunications license shall
carry out procedures for requesting amendments to the license when any detail
of the license is changed.
2. The
renewal of a telecommunications license shall be considered according to the
following principles:
a) The
organization or enterprise shall comply with regulations indicated in the
telecommunications license to be renewed and regulations of the law on
telecommunications;
b) The
total duration of the first and renewed licenses must not exceed the maximum
permissible duration of such license. If the duration of the first license is
the same as the maximum permissible duration, it can only be renewed for up to
01 more year. The Government shall elaborate cases where an issued license can
be renewed if its validity duration is the same as the maximum permissible
duration.
3. A
telecommunications license of an organization or enterprise is reissued when it
satisfies the conditions specified in Articles 36 and 38 of this Law with
consideration taken of compliance with regulations indicated in the issued
license and protection of benefits of telecommunications service users
4. A
telecommunications license may be amended during its validity duration as
follows:
a) Upon
request of the organization or enterprise issued with such license or upon
request of the Ministry of Information and Communications;
b) On the
basis of the licensing conditions specified in Articles 36 and 38 of this Law
applicable to the respective detail of the license to be amended.
Article 40. Revocation of telecommunications licenses,
forcible termination of provision of telecommunications services
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a)
Committing prohibited acts specified in Clause 1 Article 9 of this Law;
b)
Committing a fraudulent act or providing untruthful information in order to obtain
the telecommunications license;
c)
Operating in contravention of the contents of the issued telecommunications
license and causing serious consequences for legitimate rights and interests of
other organizations and individuals
d)
Failing to adequately and really fulfill the commitment to deploy
telecommunications networks or provide telecommunications services to the
market after 02 years from the date the license is issued, except for the force
majeure event or the case specified at Point g of this Clause;
dd)
Discontinuing the provision of telecommunications services under the issued
telecommunications license continuously in 01 year without notifying the
Ministry of Information and Communications;
e)
Voluntarily returning the license for provision of telecommunications services;
g) Having
all radio frequency resources allocated under the license for provision of
telecommunications services specified at Point a, Clause 1, Article 35 of this
Law withdrawn within 12 months from the date the right to use radio frequency
is revoked without amendment to or re-issuance of the license for provision of
telecommunications services;
h)
Failing to fully pay the fee for the right to operate telecommunications after
12 months from the due date specified by the law on fees and charges in
accordance with the notice of the authority that has issued the
telecommunications license to the organization or enterprise.
2. A
provider of telecommunications services of which the provision shall be
registered or notified in accordance with Article 41 of this Law shall
terminate provision of its telecommunications services if it falls into one of
the following cases:
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b)
Failing into the case specified in Point h Clause 1 of this Article.
c)
Failing to meet the conditions for provision of telecommunications services of
which the provision shall be registered;
d)
Terminating the provision of telecommunications services continuously in 01
year without notifying the Ministry of Information and Communications.
3. The
enterprise or organization which falls into one of the cases specified at
Points b, c, d, dd, e, g and h, Clause 1 and Points b, c and d, Clause 2 of
this Article may submit an application for a telecommunications license or
registration and notification of provision of telecommunications services after
01 year from the date on which its license is revoked or it is forced to
terminate the provision.
4. The
organization or enterprise whose license is revoked in the case specified at
Point a, Clause 1 of this Article or which is forced to terminate the provision
of their telecommunications services in the case specified at Point a, Clause 2
of this Article shall not be issued with the telecommunications license or
allowed to provide telecommunications services specified in Article 41 of this
Law.
Article 41. Registration and notification of provision of
telecommunications services
1.
Registration of provision of telecommunications services means that an
enterprise shall declare its information and the type of telecommunications
services which are provided and meet the conditions for provision of
telecommunications services in accordance with the Government’s regulations.
2.
Notification of provision of telecommunications services means that an
enterprise shall declare its information, the type of telecommunications
services which are provided and pieces of information related to quality of its
services.
3. The
Government shall elaborate the list of telecommunications services subject to
registration and notification of provision; conditions for provision of
telecommunications services subject to registration; and procedures for
registration and notification of provision of telecommunications services.
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Organizations
and individuals engaged in telecommunications activities are exempted from
obtaining telecommunications licenses, registering or notifying provision of
telecommunications services in the following cases:
1. They
trade in telecommunications goods;
2. They
act as telecommunications service agents to provide telecommunications
services;
3. They
hire transmission lines for provision of telecommunications application
services;
4.
Members of the private telecommunications network belong to the same
organization and do not establish their own telecommunications transmission
lines.
Article 43. Fee for the right to operate telecommunications
1. Fee
for the right to operate telecommunications is a sum of money paid by an
organization or enterprise engaged in telecommunications activities to the
State to be entitled to establish a telecommunications network or provide
telecommunications services. This fee shall be determined on the basis of scope
and scale of the telecommunications network and telecommunications service
revenue; quantity and value of the allocated telecommunications resources; and
use of space, ground surface, underground space, riverbed and seabed for
establishment of the telecommunications network or construction of
telecommunications works.
2. An
organization or enterprise shall pay the fee for the right to operate
telecommunications by one of the following methods:
a) Annual
payment of the fee at a fixed amount;
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Chapter V
CONNECTION AND SHARING OF
TELECOMMUNICATIONS INFRASTRUCTURE
Article 44. Principles of telecommunications connection
1.
Telecommunications enterprises may connect their telecommunications networks to
telecommunications networks and services of other telecommunications
enterprises and shall allow other telecommunications enterprises to be
connected to their telecommunications networks and services.
2. The
connection of telecommunications networks and services shall adhere to the
following principles:
a)
Ensuring equality, rationality and guarantee for rights and interests of
involved parties by negotiation;
b)
Efficiently using telecommunications resources and infrastructure;
c)
Satisfying technical requirements for the telecommunications connection and
ensuing safety and uniformity of telecommunications networks;
d)
Protecting legitimate rights and interests of telecommunications service users
and relevant organizations and individuals.
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1. When
connecting to a public telecommunications network, a service provider with
network infrastructure shall:
a)
Provide connection at any point which is technically feasible on its public
telecommunications network;
b) Ensure
prompt, rational, public and transparent connection;
c) Ensure
non-discrimination on the grounds of service prices, telecommunications
technical regulations and standards and quality of telecommunications network
and services.
2. When
connecting to a public telecommunications network, a telecommunications
enterprise owning essential devices shall:
a)
Facilitate negotiation and connection by other telecommunications enterprises;
b) Carry
out establishment and registration with a state regulatory authority in charge
of telecommunications, and publish a standard-form connection agreement;
c) Comply
with regulations in Clause 1 of this Article.
3.
Telecommunications connection service prices shall be set on the basis of price
determinants, and rationally divided according to network components or service
stages, regardless of service types.
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Article 46. Connection to private telecommunications
networks
1.
Private telecommunications networks may be connected to public
telecommunications networks on the basis of satisfaction of technical standards
and regulations of these public telecommunications networks and compliance with
regulations of this Law on connection to public telecommunications networks.
2.
Private telecommunications networks shall be connected to public
telecommunications networks according to written connection contracts signed by
telecommunications enterprises and organizations having private
telecommunications networks.
3.
Private telecommunications networks may not be directly connected unless they
obtain written approval from the Ministry of Information and Communications.
Article 47. Sharing of telecommunications infrastructure
1.
Sharing of telecommunications infrastructure mean common use of a portion of
telecommunications networks, works and devices. To be specific:
a)
Telecommunications enterprises share telecommunications infrastructure with
each other to facilitate the establishment of telecommunications networks and
the effective, convenient, and rapid provision of telecommunications services
or ensure the compliance with landscape and environmental protection
requirements and relevant plannings; and serve public-utility
telecommunications activities, search and rescue operations, salvage missions,
and prevention and control of natural disasters, fires, epidemics and diseases
and other calamities;
b)
Telecommunications enterprises share telecommunications infrastructure with
authorities and organizations directly responsible for national defense and
security to ensure the fulfillment of requirements for national defense and
security tasks, search and rescue operations, salvage missions, and prevention
and control of natural disasters, fires, epidemics and diseases, and other
disasters.
2. The
telecommunications infrastructure shall be shared under contracts on the basis
of protection of legitimate rights and interests of relevant parties.
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If the
parties cannot agree on other contents of sharing of telecommunications
infrastructure, the competent state agency will make decision.
4. The
Government shall elaborate sharing of telecommunications infrastructure.
Chapter VI
TELECOMMUNICATIONS RESOURCES
Article 48. Management of telecommunications resources
1. The
management of telecommunications resources covers planning on and distribution,
allocation, registration, fixing and use of the telecommunications resources,
transfer or withdrawal of the right to use the telecommunications resources,
and return of the telecommunications resources; and settlement of disputes over
registration and use of Vietnamese domain names “.vn”.
2. The
management of radio frequencies and satellite orbit in telecommunications
activities shall comply with the Law on Radio Frequencies and this Law.
3. The
management of the telecommunications resources shall adhere to the following
principles:
a) Being
conformable with the information and communication infrastructure planning;
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c)
Allocating and distributing the telecommunications resources in a fair, public
and transparent manner;
d) Using
the telecommunications resources in an efficient, economical and proper manner;
dd)
Protecting legitimate rights and interests of organizations and individuals
allocated the telecommunications resources and telecommunications service
users.
4. The
Ministry of Information and Communications shall provide for the management of
telecommunications numbers and Internet resources; compensation when the State
revokes telecommunications codes and numbers, and Internet resources; operating
conditions, rights and obligations of organizations and enterprises providing
domain name registration and maintenance services.
Article 49. Plannings for telecommunications numbers and
Internet resources
1.
Plannings for telecommunications numbers and Internet resources shall adhere to
the following principles:
a) Being
conformable with the information and communication infrastructure planning;
b)
Facilitating the application of advanced technologies in order to suit the
trend of technology and service convergence and trends towards development of
telecommunications and next generation Internet;
c)
Optimizing the establishment of telecommunications networks and the provision
of telecommunications services;
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dd) Fully
providing telecommunications numbers and Internet resources for public
interests, national defense and security maintenance;
e)
Complying with regulations on telecommunications numbers and Internet resources
of international organizations of which the Socialist Republic of Vietnam is a
member;
g)
Protecting legitimate rights and interests of organizations and individuals using
telecommunications codes and numbers and Internet resources.
2. The
Minister of Information and Communications shall provide for contents and
procedures for approval for plannings for telecommunications numbers and
Internet resources, and approve such plannings.
Article 50. Distribution, allocation, use, registration and
return of telecommunications codes and numbers and Internet resources
1. The
distribution, allocation, registration, and use of telecommunications codes and
numbers and Internet resources shall adhere to the following principles:
a) Being
consistent with plannings for telecommunications numbers and Internet
resources;
b)
Allocating and distributing telecommunications codes and numbers and Internet
resources in a fair, public and transparent manner;
c) Using
telecommunications codes and numbers and Internet resources which have been
allocated and distributed in an efficient, economical and proper manner;
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dd)
Taking priority over the distribution and allocation of telecommunications
codes and numbers and Internet resources of Vietnam to organizations capable of
applying new and advanced technologies and satisfying requirements of the
technology and service convergence.
2.
Telecommunication codes and numbers shall be allocated by one of the following
methods. To be specific:
a) The
right to use telecommunications codes and numbers including terrestrial mobile
telecommunications network codes used for human-to-human communication
(hereinafter referred to as “H2H mobile network codes”), telecommunications
subscriber numbers used for terrestrial mobile telecommunications services that
provide human-to-human communication (hereinafter referred to as “H2H mobile
subscriber numbers”), short message service numbers, and enquiry service
numbers shall be obtained through an auction.
b)
Telecommunications codes and numbers specified at Point dd, Clause 1, Article
49 of this Law and those not mentioned at Point a of this Clause shall be
directly allocated to organizations and enterprises on a first-come,
first-served basis.
3.
Internet resources of Vietnam shall be allocated and distributed by one of the
following methods. To be specific:
a) The
right to use Vietnamese domain names “.vn” at level 2 with 1 or 2 characters,
except for domain names protected and shared in accordance with regulations
issued by the Minister of Information and Communications shall be obtained
through an auction;
b)
Vietnamese domain names “.vn”, except for domain names of which the right to
use is obtained through the auction as specified at Point a of this Clause; IP
addresses, network codes shall be directly distributed to organizations and
individuals for the use of services on a first-come, first-served basis;
c) IP
addresses, network codes shall be directly distributed to enterprises for provision
of telecommunications services on a first-come, first-served basis.
4. The
auction of the right to use telecommunications codes and numbers shall be
carried out as follows:
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b) In
case where, by the end of the legally specified period during which
telecommunications codes and numbers are listed online in the market, no
organization or individual chooses codes or numbers to bid for, these codes or
numbers shall be allocated to requestors according to a sequential and direct
process in accordance with Point b, Clause 2 of this Article;
c) The
starting price for the auction of H2H mobile subscriber numbers shall be equal
to the GDP per capita at the price of the year preceding the year of the
auction as announced by the General Statistics Office of Vietnam, calculated
for 01 day;
d)
Starting prices for the auction of H2H mobile network codes, short message
service numbers, and enquiry service numbers shall be equal to one-year usage
fees for such codes and numbers. In case where the auction of H2H mobile
network codes, short message service numbers, enquiry service numbers not
mentioned at Point a of this Clause is required by organizations or
enterprises, starting prices of such auction shall be equal to 5-year usage
fees for such codes and numbers;
dd) The
Ministry of Information and Communications shall approve the results of
auctions of telecommunications codes and numbers. Telecommunications service
providers shall be responsible for carrying out procedures for auction winners
to use telecommunications services associated with the winning subscriber
numbers in such auctions;
e) H2H
mobile network codes, H2H mobile subscriber numbers, short message service
numbers, enquiry service numbers after 02 unsuccessful auctions will be
allocated directly to organizations and enterprises in accordance with Point b,
Clause 2 of this Article. Organizations and enterprises shall be responsible
for paying use right fees equal to one-year usage fees for such codes and
numbers and paying usage fees for telecommunication codes and numbers in accordance
with the law regulations on fees and charges.
5. The
auction of the right to use a Vietnamese domain name “.vn” shall be carried out
as follows:
a) The
starting price of the Vietnamese domain name “.vn” shall be equal to the 1-year
fee for maintenance of such domain name;
b) The
Ministry of Information and Communications shall approve results of the auction
of the right to use the Vietnamese domain name “.vn”. The organization or
individual shall be responsible for carrying out procedures for registration of
use the winning domain name in the auction;
c)
Vietnamese domain names “.vn” after 02 unsuccessful auctions will be
distributed directly in accordance with Point b, Clause 3 of this Article.
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7.
Requests for registration and maintenance of Vietnamese domain names “.vn” from
organizations and individuals shall be received and processed via organizations
and enterprises involved in the provision of the domain name registration and
maintenance services.
8.
Telecommunications enterprises, when their telecommunications licenses expire
and are re-issued or renewed, may continue utilize and use the
telecommunications codes and numbers that have been allocated in accordance
with the regulations of this Law on management and use of telecommunications
numbers.
9.
Organizations and individuals allocated telecommunications codes and numbers
and Internet resources have the rights to and shall:
a) Use,
lease, transfer or re-allocate telecommunications codes and numbers and
Internet resources distributed or allocated for proper purposes, within the
specified scope and to right beneficiaries under decisions on distribution and
allocation of telecommunications numbers and codes and Internet resources and
regulations on management and use of telecommunications numbers and Internet
resources;
b) Receive,
give, contribute capital, or inherit the right to use Vietnamese domain names
“.vn” in accordance with the civil law and other regulations of relevant laws;
c) Report
to the Ministry of Information and Communications, on a periodic basis or upon
request, on actual use of telecommunications codes and numbers and Internet
resources distributed or allocated;
d) Pay
fees for the use of telecommunication codes and numbers, fees for the
maintenance of Internet resources, charges for the allocation of telecommunications
numbers, and fees for the allocation and distribution of Internet resources;
and fees for granting the right to use telecommunications numbers or Internet
resources allocated/distributed through auctions. Winners of the H2H mobile
subscriber number auctions shall be exempt from fees for the use of
telecommunication codes and numbers;
dd)
Organizations and individuals that no longer need to use telecommunications
numbers and Internet resources shall return them to authorities managing telecommunications
numbers and units managing Internet resources.
10. The
Government shall elaborate Clause 4 and Clause 5 of this Article.
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1.
Telecommunications codes and numbers, and Internet resources of Vietnam which
rights to use are to be transferred include:
a)
Telecommunications codes and numbers allocated by the Ministry of Information
and Communications to organizations and individuals through the auction in
accordance with Point a, Clause 2, Article 50 of this Law;
b)
Vietnamese domain names “.vn”, except for domain names protected and shared
according to regulations issued by the Minister of Information and
Communications, domain names subject to penalties for violations or involved in
resolution of disputes or complaints, and domain names which are suspended.
2. The
rights to use telecommunications codes and numbers, and Internet resources of
Vietnam may be transferred when the following conditions are met:
a)
Organizations and individuals that transfer the rights to use
telecommunications codes and numbers and Internet resources of Vietnam shall
obtain such lawful rights;
b)
Organizations and individuals that receive the transfer of the rights to use
telecommunications codes and numbers and Internet resources of Vietnam shall be
licensed to operate or qualified for investment in, exploitation and use of
these telecommunications codes and numbers and Internet resources
3.
Parties involved in the transfer of rights to use telecommunications codes and
numbers, and Internet resources of Vietnam shall:
a) Pay
fees, charges, and taxes upon transfer in accordance with regulations of the
law on taxes, fees, and charges;
b)
Protect legitimate rights and interests of relevant organizations and
individuals.
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1.
Disputes over the registration and use of Vietnamese domain names “.vn” shall
be resolved through conciliation, arbitration, and court in accordance with the
law.
2.
Resolution of disputes over registration and use of a Vietnamese domain name
“.vn” shall be based on the following factors. To be specific:
a) The
domain name is identical or confusingly similar to a name, trademark,
geographical indication, or trade name which the plaintiff has legal rights and
interests;
b)
Legitimate rights and interests related to the domain name of the disputing
parties;
c) The
defendant uses the domain name with bad intentions and abuses the prestige and
reputation of the trademark, trade name, geographical indication which the
plaintiff has legal rights and interests to gain illegal profits.
3. The
plaintiff, when requiring the resolution of a dispute over the registration and
use of the Vietnamese domain name “.vn”, shall provide evidence to prove the
factors specified in Clause 2 of this Article.
4. The
Government shall elaborate Clause 2 of this Article.
Article 53. Revocation of telecommunications codes and
numbers, and Internet resources
1.
Revocation of telecommunications codes and numbers and Internet resources means
that a competent state agency decides to revoke the rights to use
telecommunications codes and numbers and Internet resources already distributed
or allocated to organizations and individuals.
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a)
Telecommunications codes and numbers and Internet resources of Vietnam are
revoked for the use for public interests, national defense and security
maintenance;
b) Use
purposes and entities eligible for use of telecommunications codes numbers and
Internet resources of Vietnam are no longer in line with the telecommunications
number planning and Internet resource planning;
c) The
fees for allocation of telecommunications number storages, usage fees for
telecommunication codes and numbers are not paid in a full manner and are not
paid in a full manner within 06 months from the due date specified in the law
on fees and charges in accordance with the notice of the state agency in charge
of telecommunications;
d) The
fees for maintenance of Internet resources of Vietnam are not paid in a full
manner within 30 days from the due date in accordance with the notice of the
unit managing Internet resources;
dd)
Telecommunications codes and numbers and Internet resources of Vietnam are
revoked upon request of the competent state agency when they are used to commit
prohibited acts specified in Article 9 of this Law or other violations.
3.
Organizations and individuals that have telecommunications codes and numbers
and Internet resources revoked under Clause 2 of this Article shall terminate
the use of telecommunications codes and numbers and Internet resources under
revocation decisions.
4. The
State shall pay compensation to each organization/individual that has
telecommunications codes and numbers and Internet resources revoked under
Points a and b, Clause 2 of this Article in accordance with the following
regulations. To be specific:
a)
Regarding telecommunications codes and numbers, and Internet resources that are
directly allocated or distributed, the compensation shall be determined on the
basis of the usage fees for such telecommunications codes and numbers, and fees
for maintenance of Internet resources as specified in the law on fees and
charges;
b)
Regarding telecommunications codes and numbers, and Internet resources
allocated and distributed through auctions of usage rights, the compensation
shall be equal to the winning bid.
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MANAGEMENT OF TECHNICAL REGULATIONS,
STANDARDS, QUALITY AND PRICES OF TELECOMMUNICATIONS SERVICES
Article 54. Technical standards and regulations on
telecommunications
1. The
system of telecommunications standards includes international standards,
regional standards, foreign standards, national standards and institutional
standards applicable to telecommunications devices, connection, works, network
and service quality which are announced and applied in Vietnam under
regulations of the law on technical standards, regulations, quality of products
and goods.
2. The
system of technical regulations on telecommunications includes national
technical regulations on telecommunications devices, connection, works, network
and service quality which are made and promulgated under regulations of the law
on technical standards, regulations, quality of products and goods.
Article 55. Management of technical standards and
regulations on telecommunications, quality of telecommunications networks and
services
1. Before
marketing or connecting terminal devices included in the list of potentially
unsafe telecommunications devices to public telecommunications networks,
organizations and individuals shall certify and declare conformity, and use
conformity marks.
2. Before
putting network devices included in the list of telecommunications devices
subject to compulsory inspection into operation, telecommunications enterprises
shall conduct the inspection.
3.
Telecommunications enterprises shall announce, inspect and control quality of
telecommunications networks and services included in the list of
telecommunications networks and services subject to quality management.
4. Mutual
recognition agreements with regard to conformity assessments in technical
standards and regulations pertaining to telecommunications between Vietnam and
other countries, territories shall conform to international treaties to which
Vietnam is a signatory; between conformity assessing bodies of Vietnam and
conformity assessing bodies of other countries, territories shall conform to
respective agreements between the parties.
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6. The
Ministry of Information and Communications shall:
a)
Promulgate national technical regulations on telecommunications and regulations
on assessment of conformity with technical regulations on telecommunications
devices, networks and services;
b) Set
out regulations on management of quality of telecommunications networks and
services;
c) Issue
the list of potentially unsafe telecommunications devices, the list of
telecommunications devices subject to compulsory inspection and the list of
telecommunications networks and services subject to quality management;
d)
Designate and manage activities of conformity assessment bodies, thereby
meeting requirements for state management of telecommunications products and
goods, telecommunications networks and telecommunications services
7. The
state regulatory authority in charge of telecommunications and telecommunications
authorities under provincial People’s Committees shall inspect and check the quality of
telecommunications devices, networks,
services, telecommunications products and goods within their provinces in
accordance with regulations of supervisory ministries.
Article 56. Prices of telecommunications services
1.
Telecommunications service prices include telecommunications service prices
applicable to telecommunications service users and service prices among
telecommunications enterprises.
2.
Telecommunications service prices applicable to telecommunications service
users are those to be paid by telecommunications service users to
telecommunications enterprises when they use telecommunications services
provided by such enterprises.
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a)
Wholesale service price, which means the price paid by one telecommunications
enterprise that purchases telecommunications traffic or services or leases
telecommunications network from another enterprise in order to provide
telecommunications services.
b)
Telecommunications connection service price, which means the price paid by one
telecommunications enterprise that uses another enterprise’s network to connect
telecommunications services.
Article 57. Principles of management and regulation of
telecommunications service prices
1.
Ensuring that the costs of production and commercial provision of
telecommunications services are offset, and the solvency of telecommunications
service users for services included in the List of goods and services which
must be priced by the State.
2.
Harmonizing the interests of the State, legitimate rights and interests of
telecommunications enterprises and telecommunications service users.
3.
Reviewing price components in order to adjust telecommunications service prices
if necessary. The adjustment of telecommunications service prices must be
consistent with the grounds specified in Article 58 of this Law.
4.
Respecting rights of telecommunications enterprises to self-pricing of and competition
in telecommunications service prices.
5.
Complying with international treaties to which the Socialist Republic of
Vietnam is a signatory.
6.
Assuring a fair competitive environment for telecommunications activities.
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8. Not
taking profits from the provision of one telecommunications service to support
the provision of other telecommunications service(s) of the same enterprise.
Article 58. Grounds for pricing telecommunications services
Telecommunications
service prices shall be determined on the following grounds:
1. Price
components at the time of pricing;
2. Supply
– demand relationship of telecommunications services.
Article 59. Management of telecommunications service prices
1. The
Ministry of Information and Communications shall:
a) Direct
and provide guidance on compliance with regulations on reporting, accounting
and audit in service of management of telecommunications service prices;
b)
Organize declaration and public announcement of telecommunications service
prices in accordance with regulations of the law on prices;
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d)
Control or terminate the application of telecommunications service prices when
telecommunications enterprises impose, increase or decrease the
telecommunications service prices in an unreasonable manner, thereby causing
telecommunications market instability and harming the legitimate rights and
interests of telecommunications service users, other telecommunications
enterprises and the State.
2. The
Minister of Information and Communications shall:
a) Set
out regulations on management of telecommunications service prices;
b)
Preside over and cooperate with the Ministry of Finance in promulgating
regulations on telecommunications service pricing methods;
c) Decide
prices of telecommunications services included in the list of goods and
services which must be priced by the State;
3. A
telecommunication enterprise has the following rights and obligations:
a) Decide
on prices of its telecommunications services, except for telecommunications
services included in the list of goods and services which must be priced by the
State;
b) Submit
a plan on prices of telecommunications services priced by the State to the
Ministry of Information and Communications;
c) Adopt
telecommunications service pricing methods and comply with regulations on
management of telecommunications service prices in accordance with regulations
of the Minister of Information and Communications;
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dd) Make
reports on and conduct accounting and audit in service of management of
telecommunications service prices;
e)
Declare and publicly announce telecommunications service prices in accordance
with regulations of the law on prices;
g) Be
prohibited to impose, increase or decrease telecommunications service prices in
an unreasonable manner, thereby causing market instability and harming
legitimate rights and interests of telecommunications service users, other
telecommunications enterprises and the State.
Article 60. Issuance of invoices and payment of
telecommunications service charges
1.
Telecommunications enterprises shall issue invoices for telecommunications
service charges in an accurate, full and prompt manner to telecommunications
service users that pay charges after using services. Telecommunications service
users shall fully and promptly pay charges for telecommunications services
provided by telecommunications enterprises according to these invoices.
2.
Telecommunications enterprises shall accurately deduct the charges payable by
telecommunications service users at the prices specified for prepaid
telecommunications services.
3. An
invoice for telecommunications service charges shall be issued in compliance
with regulations of law and fully, accurately and clearly show the following
details:
a) Unit
price and charge payable for each type of telecommunications service;
b) Total
amount payable;
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4.
Telecommunications enterprises shall be responsible for providing technical
measures to assist users and competent state authorities in querying real-time
information about the deduction of charges for using telecommunications
services, with priority given to online measures. In case of issuance of
monthly invoices for telecommunications services under contracts, each
telecommunications enterprise shall be responsible for directly providing or
hiring another organization to provide the details about telecommunications
service charges free of charge and once at the request of each user.
Article 61. Management of prepaid mobile telecommunications
service cards and mobile SIM accounts
1.
Prepaid mobile telecommunications service card means a card issued by a
telecommunications enterprise to a user to deposit money into such
telecommunications enterprise’s mobile SIM account.
2. Mobile
SIM account means an account that reflects the value charged by a
telecommunications service user using a prepaid mobile telecommunications
service card or other lawful payment methods (excluding promotions). It is
recorded in the billing system of the telecommunications enterprise and is
associated with a mobile telecommunications subscriber.
3. Mobile
SIM accounts are used to pay for mobile telecommunications services and
information services on mobile telecommunications networks in accordance with
the law.
4. The
Government shall elaborate the management of prepaid mobile telecommunications
service cards and mobile SIM accounts.
Article 62. Refund of telecommunications services charges
and compensation for damage
1.
Telecommunications enterprises providing telecommunications services in a
manner that fails to adhere to regulations on time limit and quality under
contracts with telecommunications service users shall refund part or whole of
collected telecommunications service charges.
2.
Telecommunications enterprises are not required to pay compensations for
indirect damage or profits not earned as a result of the provision of
telecommunications services beyond the said time limit or with low quality.
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Chapter VIII
TELECOMMUNICATIONS WORKS
Article 63. Passive telecommunications technical
infrastructure planning
1. Local
passive telecommunications technical infrastructure planning means a technical
and specialized planning that specifies the provincial planning and conforms to
the information and communications infrastructure planning.
2. The
planning for construction of urban areas, residential areas, functional areas,
and industrial clusters specified in the Law on Construction and relevant law
shall be consistent with the passive telecommunications technical
infrastructure planning, thereby facilitating the establishment of
telecommunications infrastructure, provision and use of telecommunications
services.
3. The
Government shall elaborate contents to be planned, preparation, appraisal,
approval, publication, information disclosure, implementation, evaluation and
adjustment of local passive telecommunications technical infrastructure
planning.
Article 64. Land used for telecommunications works
1.
According to national information and communications infrastructure planning,
passive telecommunications technical infrastructure planning as well as land
use plans and plannings approved by competent state authorities, competent
People’s Committees grants shall allocate or lease land to build
telecommunications works in their respective areas.
2.
People’s Committees at all levels shall, within the ambit of their tasks and
powers, preside over and cooperate with investors in telecommunications works
in, ground clearance, payment of compensations for damage to land and asset,
and protection of land areas for telecommunications work projects as specified
in Clause 1 of this Article and other relevant laws.
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1. The
design, construction, and installation of telecommunications works shall be
consistent with the passive telecommunications technical infrastructure
planning and comply with technical regulations on construction and
telecommunications and other relevant laws.
2. The
system of infrastructural works including traffic works, utility poles, power
lines, water supply and drainage pipes, public lighting and other technical
infrastructure works shall be designed and constructed in conformity with
relevant technical regulations to meet requirements for installation and
protection of transmission lines and telecommunications works.
Passive
telecommunications technical infrastructure is an essential component when the
system of infrastructural works is designed in accordance with relevant
technical regulations.
Owners of
infrastructural work construction projects shall be responsible for sending
information about their technical infrastructure construction projects to the
state regulatory authority in charge of telecommunications or
telecommunications authorities under provincial People’s Committees to notify
telecommunications enterprises of registration of common use of their technical
infrastructure.
3.
Telecommunications works constructed and installed in workplaces, public
service facilities, land and assets of the armed forces, and infrastructure
assets used for national and public interests, as specified in the Law on
Management and Use of Public Assets, shall adhere to the following principles:
a) Complying
with Clause 1 of this Article;
b) Not
affecting operations of authorities, organizations or units assigned to manage
and use public assets or the utility of public assets where telecommunications
facilities are installed;
c)
Ensuring technical feasibility; protecting landscape beauty, environment,
safety and security.
4.
Telecommunications works shall be built and installed on a public asset under
an agreement between the enterprise installing telecommunications works and the
authority, organization, or unit assigned to manage and use such public asset
provided that the principles specified in Clause 3 of this Article are applied.
Proceeds from the agreements to install telecommunications works on public
assets shall be managed and used in accordance with regulations of the law on
management and use of public assets.
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6.
Investors in construction of apartment buildings, public facilities, functional
areas and industrial clusters specified in the law on housing and construction
have the following obligations:
a) Make
plans for designing and constructing passive telecommunications technical
infrastructure in conformity with technical regulations, ensuring consistency
and synchronism in investment in construction and convenience for establishment
of telecommunications infrastructure and provision and use of telecommunications
services.
b) Design
and install, or organize design and installation of, telecommunications cable
networks in apartment buildings and public facilities when constructing such
apartment buildings and public facilities;
c)
Arrange sites for installation of antenna masts on building roofs and mobile
transceiver systems in apartment buildings and public facilities if technically
feasible;
d)
Allocate sites for construction of passive telecommunications technical
infrastructure and installation of telecommunications devices in functional
areas and industrial clusters.
7. The
design, construction, management, and use of passive telecommunications
technical infrastructure, telecommunications cable networks, mobile transceiver
systems in apartment buildings, public facilities, functional areas, and
industrial clusters shall enable at least 02 telecommunications enterprises to
provide services to users.
8.
Organizations that manage and operate apartment buildings, public facilities,
functional areas, and industrial clusters shall be responsible for facilitating
the construction, installation, use, renovation, and repair of passive
telecommunications technical infrastructure, mobile transceiver systems,
telecommunications cable networks in their respective apartment buildings,
public buildings, functional areas, and industrial clusters.
9. Before
constructing passive telecommunications technical infrastructure, organizations
and individuals shall notify telecommunications authorities under provincial
People’s Committees.
10. The
Government shall elaborate this Article.
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1. The
common use of infrastructural works in terms of traffic, energy supply, public
lighting, water supply, wastewater collection and treatment, telecommunications
works and other infrastructural works shall ensure effectiveness and thrift,
protect the landscape and environment, and conform to the urban planning and
other relevant plannings decided or approved by competent authorities.
2. The
common use of infrastructural work system shall comply with the Government’s
regulations.
Article 67. Management of telecommunications works
1. The
Ministry of Information and Communications shall:
a)
Provide guidance on the common use of passive telecommunications technical
infrastructure by telecommunications enterprises.
b)
Preside over and cooperate with the Ministry of Finance and the Ministry of
Construction in providing detailed regulations on mechanisms and principles of
price control, methods of determining rents of cable networks in buildings and
passive telecommunications technical infrastructure among telecommunications
enterprises, organizations and individuals that own telecommunications works.
2.
Provincial People’s Committees shall:
a)
Approve, announce, provide guidance, monitor and inspect the implementation of
passive telecommunications technical infrastructure planning;
b)
Organize the common use of technical infrastructure among the sectors of
telecommunications, electricity, transport, water supply and drainage and other
sectors in their provinces.
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Chapter IX
STATE MANAGEMENT OF TELECOMMUNICATIONS
Article 68. Contents of state management of telecommunications
1.
Formulating, promulgating, and organizing the implementation of
telecommunications development strategies, plannings, and policies, and legal
documents on telecommunications; regulations on mechanisms for controlled
testing of new technologies and models in telecommunications activities;
national standards, technical regulations, technical requirements, economic and
technical norms on telecommunications.
2.
Managing and regulating the telecommunications market; managing the provision
of telecommunications services and operations;
3.
Disseminating information and educating about regulations of the law on
telecommunications.
4. Giving
training and refresher training, and developing human resources; conducting
scientific and technological research and applying science and technology to
telecommunications activities.
5.
Managing telecommunications reports and statistics in the form of online or
offline.
6. Making
international cooperation in telecommunications.
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8.
Settling disputes, complaints and denunciations and handling violations against
regulations of the law on telecommunications.
Article 69. Responsibilities for state management of
telecommunications
1. The
Government shall perform the uniform state management of telecommunications.
2. The
Ministry of Information and Communications shall act as a focal point in charge
of assisting the Government to perform state management of telecommunications.
3. The
Ministry of National Defense and the Ministry of Public Security, within the
scope of their tasks and powers, shall manage private telecommunications
networks for national defense and security. The Minister of National Defense
shall manage the private telecommunications network for cipher work.
4.
Ministries and ministerial authorities shall, within the ambit of their tasks
and powers, cooperate with the Ministry of Information and Communications in
performing state management of telecommunications.
5.
People’s Committees at all levels shall, within the ambit of their tasks and
powers, perform state management of telecommunications in their provinces.
Article 70. International cooperation in telecommunications
1. International
cooperation in telecommunications shall be made on the principles of respect
for independence, sovereignty, territorial integrity, equality and mutual
benefit.
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3.
Vietnam makes a commitment to act as an active and responsible member of
international telecommunications organizations.
4. The
priority shall be given to consideration of signing international treaties and
agreements that are beneficial to promotion of the development of new and
advanced telecommunications technologies in conformity with Vietnam’s interests
and capabilities.
5.
International cooperation and support for state management, training for human
resources, sharing of information, experience, research and development of next
generation Internet technologies, standards, and applications, and next
generation telecommunications network technologies shall be encouraged.
6. The Ministry
of Information and Communications is a focal point in charge of consolidating
international integration and cooperation activities in telecommunications.
Ministries, ministerial authorities, and People’s Committees at all levels
shall make international cooperation in telecommunications within their
management.
Chapter X
IMPLEMENTATION PROVISIONS
Article 71. Amendment, replacement, and annulment of a
number of articles of relevant laws
1. The
phrase “giấy phép thiết lập mạng viễn thông” (telecommunications network
establishment license) shall be replaced by the phrase “giấy phép cung cấp dịch
vụ viễn thông có hạ tầng mang” (license for provision of telecommunications
services with network infrastructure) at Point b, Clause 1, Article 18a, Point
b, Clause 3, Article 20 and Point a, Clause 2, Article 24 of the Law on Radio
Frequencies No. 42/2009/QH12 amended by the Law No. 09/2022/QH15.
2. The
phrase “tài nguyên Internet” (Internet resources) shall be replaced by the
phrase “tài nguyên Internet Việt Nam” (Vietnamese Internet resources) at Clause
7 Article 4 and Clause 5 Article 119 of the Law on Management and Use of Public
Property No. 15/2017/QH14 amended by the Law No. 64/2020/QH14 and the Law No.
07/2022/QH15.
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a) Point
2 section VI part A shall be amended as follows:
2
Fees
for maintenance and use of Internet resources
b) Point
2.3 shall be added after Point 2.2, section VI part A as follows:
2.3
Fees
for maintenance and use of network codes
Ministry
of Finance
c) Point
5 section III part B shall be amended as follows:
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Fees
for distribution of telecommunications numbers, distribution and allocation
of Internet resources
d) Point
5.4 shall be added after Point 5.3, section III part B as follows:
5.4
Fees
for registration and use of network codes
Ministry
of Finance
4.
Article 76 of the Law No. 67/2006/QH11 on Information Technology amended by Law
No. 21/2017/QH14 and Law No. 20/2023/QH15 shall be annulled.
Article 72. Entry into force
1. This
Law comes into force from July 01, 2024, except for Clauses 3 and 4 of this
Article.
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3.
Regulations on provision of basic telecommunications services on the Internet,
data center services and cloud computing services in Article 28 and Article 29
of this Law come into force from January 1, 2025.
4.
Regulations on payment of fees for maintenance and use of network codes and
charges for registration and use of network codes at Point d, Clause 9, Article
50 and Clause 3, Article 71 of this Law come into force from January 1, 2025.
Article 73. Transitional provisions
1.
Licenses for telecommunications operations granted in accordance with the Law
on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and
Law No. 23/2018/QH14, shall continue to be valid until the expiration date of
such licenses.
2.
Enterprises may continue to commercially provide telecommunications services
within the remaining validity duration of the licenses for commercial provision
of telecommunications services granted in accordance with the Law on
Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law
No. 23/2018/QH14 until such licenses expires, unless otherwise specified in
Clause 3 of this Article.
3. In
case where an enterprise has been granted a license for provision of
telecommunications services and a license for establishment of public
telecommunications networks and the validity duration stated on the license for
provision of telecommunications services is shorter than that stated on the
license for establishment of public telecommunications networks, the validity
duration of the latter shall prevail.
4. In
case an organization or enterprise submits an application for a
telecommunications license before the effective date of this Law but has not
been granted the license by July 1, 2024, it will be considered for a license
in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by
the Law No. 21/2017/QH14 and Law No. 23/2018/QH14.
This
Law is approved in the 6th session of the 15th National
Assembly of the Socialist Republic of Vietnam in November 24, 2023.
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CHAIRMAN OF NATIONAL ASSEMBLY
Vuong Dinh Hue