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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;
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;
b) Organize the
implementation of public-utility telecommunications service programs in
accordance with the assigned tasks;
c) Cooperate in
inspection of the performance of public-utility telecommunications activities
in their provinces.
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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:
a) License for
installation of submarine telecommunications cable lines which is valid for no
more than 25 years and is issued to an organization that installs undersea
telecommunications cable lines ashore or across the sea area of Vietnam;
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;
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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.
Article 35. Forms of
issuance of telecommunications licenses
1. Separate licensing is
a form of telecommunications licensing by imposition of separate conditions and
obligations on each enterprise. To be specific:
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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:
a) Obtaining a business
registration certificate or an investment registration certificate;
b) Having minimum charter
capital in accordance with the Government’s regulations;
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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:
Article 37.
Telecommunications conditions upon participation in auction and examination for
the right to use radio frequency
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.
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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:
a) Committing to
establish a private telecommunications network only for the purpose of
provision of services for the network members (not for profitable purposes);
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;
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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;
Article 39. Renewal,
re-issuance and amendment to telecommunications licenses
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.
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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
1. An organization or
enterprise shall have its telecommunications license that has been issued
revoked if it falls into any of the following cases:
a) Committing prohibited
acts specified in Clause 1 Article 9 of this Law;
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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:
a) Committing prohibited
acts specified in Clause 1 Article 9 of this Law;
b) Failing into the case
specified in Point h Clause 1 of this Article.
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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.
Article 42. Exemption
from telecommunications licenses, registration and notification of provision of
telecommunications services
Organizations and
individuals engaged in telecommunications activities are exempted from
obtaining telecommunications licenses, registering or notifying provision of
telecommunications services in the following cases:
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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;
b) Lump-sum payment of
the fee at a fixed amount for the whole validity duration of the
telecommunications license.
Chapter V
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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.
Article 45. Connection
to public telecommunications networks
1. When connecting to a
public telecommunications network, a service provider with network
infrastructure shall:
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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.
4. The Minister of
Information and Communications shall provide for criteria for identification
and announcement about the list of telecommunications enterprises owning
essential devices from time to time; and issue regulations on the connection of
public telecommunications networks, negotiation and resolution of connection
disputes among telecommunications enterprises.
Article 46. Connection
to private telecommunications networks
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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.
3. If the parties cannot
agree on the price of shared telecommunications infrastructure, negotiation
shall be conducted in accordance with regulations of the law on prices.
If the parties cannot
agree on other contents of sharing of telecommunications infrastructure, the
competent state agency will make decision.
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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;
b) Optimizing the
establishment of telecommunications networks and the provision of
telecommunications services;
c) Allocating and
distributing the telecommunications resources in a fair, public and transparent
manner;
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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;
d) Using
telecommunications numbers and Internet resources in an efficient, economical
and proper manner;
dd) Fully providing
telecommunications numbers and Internet resources for public interests,
national defense and security maintenance;
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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;
d) Prioritizing the
allocation and distribution of telecommunications codes, numbers, and Internet
resources of Vietnam for provision of telecommunications services and
telecommunications application services in border areas, mountainous areas, highland
regions, coastal sand dunes, coastal areas, islands, ethnic minority areas,
disadvantaged areas; and for public-utility telecommunications activities and
other activities for public interests;
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.
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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:
a) Telecommunications codes
and numbers specified at Point a, Clause 2 of this Article shall be listed
online in the market, thereby allowing organizations and individuals to choose
the codes and numbers they wish to bid for;
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;
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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.
6. Forms, methods and
procedures for auctions of telecommunications codes and numbers, and Vietnamese
domain names “.vn” shall comply with regulations of the law on property
auction.
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.
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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.
Article 51. Transfer
of rights to use telecommunications codes and numbers, and Internet resources
of Vietnam
1. Telecommunications
codes and numbers, and Internet resources of Vietnam which rights to use are to
be transferred include:
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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.
Article 52. Resolution
of disputes over registration and use of Vietnamese domain names “.vn”
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.
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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.
2. Telecommunications
codes and numbers, and Internet resources shall be revoked in the following
cases;
a) Telecommunications
codes and numbers and Internet resources of Vietnam are revoked for the use for
public interests, national defense and security maintenance;
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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.
Chapter VII
MANAGEMENT OF TECHNICAL REGULATIONS,
STANDARDS, QUALITY AND PRICES OF TELECOMMUNICATIONS SERVICES
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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.
5. National standards of
telecommunications shall be formulated, appraised and published in accordance
with regulations of the law on technical standards and regulations.
6. The Ministry of
Information and Communications shall:
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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.
3. Service prices among
telecommunications enterprises include:
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.
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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.
7. Ensuring equality and
non-discrimination in management and issuance of regulations on
telecommunications service prices.
8. Not taking profits
from the provision of one telecommunications service to support the provision
of other telecommunications service(s) of the same enterprise.
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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;
c) Proactively cooperate
with the Ministry of Industry and Trade to manage competition in the
telecommunications sector in accordance with regulations of the law on
competition; cooperate in managing promotion activities in provision of
telecommunications services;
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.
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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;
dd) Perform cost
accounting and determine the costs of production of telecommunications services
according to regulations;
dd) Make reports on and
conduct accounting and audit in service of management of telecommunications
service prices;
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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;
c) VAT (if any).
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.
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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.
3. Regarding provision
and use of telecommunications services, parties signing telecommunications
service provision and use contracts shall pay compensations for direct material
damage caused by their faults to other parties, except for force majeure.
Chapter VIII
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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.
Article 65. Design,
construction, and installation of telecommunications works
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.
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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.
5. Enterprises installing
telecommunications works shall be responsible for preserving and maintaining
such telecommunications works.
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:
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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.
Article 66. Common use
of system of infrastructural works
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.
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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.
3. Organizations and
individuals shall comply with regulations on planning, designing, construction
and common use of technical infrastructure in terms of traffic, construction,
energy supply, public lighting, water supply and drainage and
telecommunications technical infrastructure and infrastructural works.
Chapter IX
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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.
7. Carrying out
inspection and examination of the compliance with regulations of the law on
telecommunications.
8. Settling disputes,
complaints and denunciations and handling violations against regulations of the
law on telecommunications.
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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.
2. The international
cooperation shall comply with international treaties on telecommunications to
which the Socialist Republic of Vietnam is a signatory.
3. Vietnam makes a
commitment to act as an active and responsible member of international
telecommunications organizations.
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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.
3. The List of fees and
charges in Appendix 01 enclosed with the Law on Fees and Charges No.
97/2015/QH13 amended by the Law No. 09/2017/QH14, the Law No. 23/2018/QH14, the
Law No. 72/2020/QH14, the Law No. 16/2023/QH15 and the Law No. 20/2023/QH15
shall be amended as follows:
a) Point 2 section VI
part A shall be amended as follows:
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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:
5
Fees for
distribution of telecommunications numbers, distribution and allocation of
Internet resources
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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.
2. The Law No.
41/2009/QH12 on Telecommunications amended by Law No. 21/2017/QH14 and Law No.
23/2018/QH14 will cease to be effective from the effective date of this Law,
unless otherwise specified in Clause 4, Article 73 of this Law.
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.
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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.
CHAIRMAN OF NATIONAL ASSEMBLY
Vuong Dinh Hue
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