THE MINISTRY
OF INFORMATION AND COMMUNICATIONS
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
12/2013/TT-BTTTT
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Hanoi, May 13th
2013
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CIRCULAR
PROVIDING GUIDANCE ON LICENSING TELECOMMUNICATIONS SERVICES
Pursuant to the Law on telecommunications
dated November 23rd 2009;
Pursuant to the Government's Decree No.
25/2011/ND-CP dated April 06th 2011, elaborating and providing guidance
on the implementation of the Law on telecommunications;
Pursuant to the Government's Decree No. 187/2007/ND-CP dated December
25th 2007, defining the functions, tasks, entitlements and
organizational structure of the Ministry of Information and Communications;
Pursuant to the Government's Decree No. 50/2011/ND-CP dated June 24th
2011 amending the Government's Decree No. 187/2007/ND-CP dated December 25th
2007, defining the functions, tasks, entitlements and organizational structure
of the Ministry of Information and Communications
At the request of the Director of the Vietnam
Telecommunications Authority;
The Minister of Information and
Communications issues a Circular to provide guidance on licensing
telecommunications services.
Chapter I
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Article 1. Scope of
regulation
1. This Circular provides guidance on licensing
telecommunications services, including issuance, adjustment, extension,
reissuance of licenses to establish public telecommunications network and
licenses to provide telecommunications services.
2. The issuance of licenses to provide
telecommunications services shall comply with specialized laws.
Article 2. Subjects of
application
This Circular is applicable to enterprises
applying for licenses for telecommunications services, organizations and
individuals relating to the issuance of licenses and management of
telecommunications services in Vietnam.
Article 3. license for
telecommunications services
1. To provide telecommunications services,
telecommunications services providers having network infrastructure must obtain
licenses to establish public telecommunications network prescribed in Article
19, Article 20, and Article 21 of the Government's Decree No. 25/2011/ND-CP
dated April 06th 2011 elaborating and providing guidance on the
implementation of a number of articles of the Law on telecommunications
(hereinafter referred to as the Decree No. 25/2011/ND-CP) and licenses to
provide telecommunications services as prescribed in the Circular No.
05/2012/TT-BTTTT dated May 18th 2012 of the Minister of Information
and Communications on the classification of telecommunications services.
2. To provide telecommunications services,
telecommunications services providers without network infrastructure must
obtain licenses to provide telecommunications services as prescribed in the
Circular No. 05/2012/TT-BTTTT dated May 18th 2012 of the Minister of
Information and Communications on the classification of telecommunications
services.
Article 4. Replacement of
licenses for telecommunications services
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a. For licenses to establish public stationary
terrestrial telecommunications network using telecommunication numbers without
radio frequencies: the license to establish network nationwide shall replace
the license to establish network within an area and the license to establish
network within a central-affiliated city or province (hereinafter referred to
as province); the license to establish network within an area shall replace the
license to establish network within a province;
b. For licenses to establish public stationary
terrestrial telecommunications network using telecommunication numbers,
licenses to establish public stationary terrestrial telecommunications network
using radio frequencies, licenses to establish public stationary terrestrial
telecommunications network using telecommunication numbers and radio
frequencies: the license to establish the same kind of network nationwide shall
replace the license to establish network in within an area;
c. For the licenses in Points a and b of this
Clause: when an enterprise obtain a license to establish network in within a
smaller geographical area due to the contraction of the network scale that has
been licensed, the license for the smaller geographical area shall replace the
license previously issued;
d.. For licenses to establish public mobile
terrestrial telecommunications network: the license to establish a network
using radio frequencies shall replace the license to establish a network
without radio frequencies;
dd. Adjusted and extended licenses shall replace
the old ones.
2. Old licenses shall expire when the replacing
licenses are issued as prescribed in Clause 1 of this Article.
Article 5. Authority to license
telecommunications services
1. The Minister of Information and
Communications shall license the establishment of public telecommunications
networks using radio frequencies and provision of telecommunications services
on the public telecommunications network using radio frequencies based on the
assessment record submitted by the Vietnam Telecommunications Authority.
2. The Vietnam Telecommunications Authority
shall license the establishment of public telecommunications networks, except
for the cases prescribed by the Minister of Information and Communications in
Clause 1 of this Article.
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1. Enterprises shall submit applications for the
license for telecommunications services and additional documents (if any) to
the Vietnam Telecommunications Authority in one of the following ways:
a) Submitted directly;
b) Sent by post;
c) Submitted online.
2. 2. The Vietnam Telecommunications Authority
shall notify enterprise in writing of the receipt of applications for licenses
for telecommunications services
3. For applications directly submitted, the date
of receipt is the day on which personnel of the Vietnam Telecommunications
Authority receives the application submitted directly by the enterprise.
4. For applications sent by post, the date of
receipt is the day on which personnel of the Vietnam Telecommunications
Authority receives the application sent by the postal service provider.
5. The Vietnam Telecommunications Authority
shall provide guidance on online submission if it is technically possible.
Article 7. Checking the
validity of the application for the license for telecommunications services
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2. The Vietnam Telecommunications Authority
shall notify the applying enterprise if the validity of the application within
05 working days from the day on which the application is received.
3. An application is considered valid when:
a. It is made in accordance with Clause 1 of
this Article;
b. The documents enclosed are sufficient
according to Articles, 11, 20, 22, 24, and 25 of this Circular;
c. The information in the documents is
sufficient;
d. The seal of the applying enterprise is
appended to the application for the license for telecommunications services and
the commitment to implement the license to establish a public
telecommunications network;
dd) The authentication seal is appended to the
copies of the Certificate of Enterprise registration, the Certificate of
Business registration, the Investment certificate, the certification of legal
capital if the originals are not submitted; or the charter of the enterprise if
the enterprise does not submit a valid copy as prescribed by the charter.
4. If the application is not valid, the Vietnam
Telecommunications Authority shall notify the applying enterprise of the
invalidity. The applying enterprise may resubmit the applications. The
validity of the resubmitted application shall be checked in accordance with
Clause 1, Clause 2, and Clause 3 of this Article.
Article 8. Provision of
additional documents and explanation
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2. The enterprise shall provide additional
documents or explanation directly to the Vietnam Telecommunications Authority
within 30 working days from the day on which the enterprise receives the notice
as prescribed in Clause 1 of this Article. The processing shall resume from:
a) The day on which the Vietnam
Telecommunications Authority receives additional documents provided by the
enterprise; or
b) The day on which the minutes of meeting for
explanation is signed.
3. After the deadline for providing additional
documents or direct explanation prescribed in Clause 2 of this Article, if the
enterprise fails to provide additional documents or to request the extension of
the deadline, it is consider to quit. The documents submitted after the
deadline for providing additional documents or direct explanation, or after an
extended deadline requested by the enterprise, are considered a new
application.
4. The total length of the period for examining
the initial application and additional documents or explanation shall:
a. Not exceed 45 working days from the day on
which the valid application for first issuance or new issuance of the license
is received.
b. Not exceed 40 working days from the day on
which the valid application for the adjustment or extension of the license is
received.
Article 9. Responsibilities
to implement the license for telecommunications services
Enterprises issued with licenses for
telecommunications services shall:
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2. Notify the dates on which the public
telecommunications network is officially use and telecommunications services
are officially provided within 15 days from the day on which the public
telecommunications network is officially use and telecommunications services
are officially provided.
3. Send reports on the deployment according to
Form 10/GPKDVT every 12 months from the licensing date, until the day on which the
public telecommunications network is officially use or telecommunications
services are officially provided according to Form 11/GPKDVT.
Article 10. Registration
and public provision of sample contracts for the provision of
telecommunications services and sample information sheets
1. Providers of post-paid terrestrial stationary
telephone services, terrestrial mobile information services and internet
services shall register the sample contracts for telecommunications service
provision.
2. Providers of pre-paid terrestrial stationary
telephone services, terrestrial mobile information services and internet
services shall register the sample information sheets.
3. The draft of the sample contract for
telecommunications service provision, the draft of the sample information sheet
enclosed with the application for the license for telecommunications services
are considered a sample contract and a sample information sheet that is
registered when the enterprise is issued with the license to provide
telecommunications services.
4. When revising the sample contract for
telecommunications service provision and the sample information sheet that was
registered, the enterprise shall register the new sample contract and
information sheet. The Vietnam Telecommunications Authority shall assess the
new sample contract and information sheet within 10 working days from the day
on which they are received. The draft of the contract for telecommunications
service provision and the draft of the information sheet are considered sample
contract and sample information sheet when the Vietnam Telecommunications
Authority grants a written approval.
5. The enterprise shall publicly provide the
sample contract for telecommunications service provision and sample information
sheet locations where telecommunications services are registered and public
telecommunications services are provided, and on its website.
6. Apart from the regulations in Clause 5 of
this Article, the enterprise shall provide the summary of the information sheet
together with the subscriber registration dossier when providing prepaid
services. This summary must provide the following fundamental information:
instruction on the activation and usage, contact of the customer service
department, address of the website where the sample information sheet can be
found.
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LICENSING
TELECOMMUNICATIONS SERVICES
Section 1. ISSUANCE OF
LICENSES FOR TELECOMMUNICATIONS SERVICES
Article 11. Application for
the license for telecommunications services
1. The application for the license for
telecommunications services is composed of the application for the license to
establish a public telecommunications network and the application for the
license to provide telecommunications services
2. The application for the license to establish
a public telecommunications network in composed of:
a) The written request for the license for
telecommunications services according to Form 01/GPKDVT;
b) The Certificate of Enterprise registration or
Certificate of Business registration or Investment certificate;
c) The enterprise’s charter;
d) The business plan for the first 05 year from
the date of issue of the license according to Form 06/GPKDVT;
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e) The written certification of legal capital as
prescribed in Clause 2 or Clause 4 Article 13 of this Circular;
g) The commitment to implement the license to
establish a public telecommunications network according to Form 09/GPKDVT.
3. The application for the license to provide
telecommunications services in composed of:
a) The written request for the license for
telecommunications services according to Form 01/GPKDVT;
b) The Certificate of Enterprise registration or
Certificate of Business registration or Investment certificate;
c) The enterprise’s charter;
d) The business plan for the first 05 year from
the date of issue of the license according to Form 06/GPKDVT;
dd) The technical plan for the first 05 year from
the date of issue of the license according to Form 07/GPKDVT;
The draft of the sample contract for
telecommunications service provision, the draft of the sample information sheet
as prescribed in Article 10 of this Circular, applicable to the applications
for licensing the provision of terrestrial stationary telephone services,
terrestrial mobile information services, and internet services.
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5. An enterprise that submit an application as
prescribed in Article 19 of this Circular is not required to submit the
following documents if no change in the list of contributors and contribution
ratios of organizations and individuals in the enterprise is made:
a) The Certificate of Enterprise registration or
Certificate of Business registration or Investment certificate;
b) The enterprise’s charter;
Article 12. Conditions for
issuing the license for telecommunications services
A enterprise shall be issued with the license
for telecommunications services when the following conditions are fulfilled:
1. Condition on the line of business: the
unexpired Certificate of Enterprise registration or Certificate of Business
registration or Investment certificate of the enterprise showing that the
business line is telecommunications industry, or bear the code of
telecommunications industry according to the Vietnam’s system of industries.
2. Financial conditions:
a) The enterprise is financially capable of
implementing the license in accordance with the business plan and technical
plan;
b) The enterprise has fulfilled all financial
obligations as prescribed by the laws on telecommunications;
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d) Apart from the Points a, b, and c of this Clause,
the enterprises that apply for the license to establish a public
telecommunications network must satisfy the requirements of legal capital and
pledge of investment as prescribed in Article 19, Article 20, and Article 21 of
the Decree No. 25/2011/ND-CP;
dd) Apart from Points a, b, and c of this c, the
enterprises that apply for the license to provide terrestrial mobile
information services must also comply with Article 3 of the Decree No.
25/2011/ND-CP.
3. Requirement of organizational structure and personnel:
a. The enterprise is not undergoing a process of
division, amalgamation, merger, conversion, dissolution, or bankruptcy
according to an issued decision;
b) The organizational structure and personnel of
the enterprise is suitable for the business plan, technical plan, and the plan
for ensuring the safety of telecommunications infrastructure and information
security.
4. Business and technical conditions: the
enterprise must have a business plan and technical plan that:
a. Are conformable with the national
telecommunications development strategy and telecommunications resource
planning;
b) Are feasible and conformable with the
regulations on connection, charges, standards, and quality of the network and
telecommunications services;
c. Apart from complying with Points a and b of
this Clause, the plan for distribution of telecommunications numbers and radio
frequencies made by the enterprises that apply for the license for
telecommunications services using the telecommunications numbers and radio
frequencies must be feasible.
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Article 13. Acceptability
of legal capital
1. The legal capital of an applicant for the
license for telecommunications services is considered satisfactory if it can
provide documents proving the capital contribution and investment in Clause 2
of this Article, or the asset value in the asset statement in Clause 4 of this
Article is not smaller than the legal capital, applicable to the licenses
prescribed in Article 19, Article 20, and Article 21 of the Decree No. 25/2011/ND-CP.
2. Documents proving capital contributions and
investments in a new telecommunication company are:
a) Documents or commitment on contribution
within a certain period of time made by partner (applicable to partnerships);
b) Documents on the contributions of founding
shareholders and common shareholders that applied to buy shares and written in
the company’s charter (applicable to joint-stock companies)
c) Documents or commitments on contribution
within a certain period of time made by investors (applicable to
joint-ventures);
d) Documents on total value of capital
contributed by owners or commitment on contribution within a certain period of
time (applicable to single-member limited liability companies);
dd) Documents or commitment on contribution within
a certain period of time of founding members (applicable to multimember limited
liability companies);
e) Documents on paid-in capital of the
enterprise (applicable to private enterprises)
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a) The contributions and investments is made in
cash must be certified in writing by a bank in Vietnam of the deposit made by
the founders The deposit shall be released when the enterprise is issued with
the license for telecommunications services;
b) If contributions and investments are made in
the form of assets, the value of assets contributed must be certified by a
valuation organization in Vietnam.
4. For enterprises that have been established
and licensed to provide telecommunications services, enterprises that have been
issued with licenses for telecommunications services and apply for the license
in the cases prescribed in Article 19 of this Circular, and enterprises
applying for the new issuance of the license for telecommunications services:
the documents proving their legal capital are asset statements that are made
within 03 months before the submission of the application for the license for
telecommunications services.
5. d) The enterprises that apply for the license
to establish a public telecommunications network must satisfy the requirements
of legal capital and commitment to invest as prescribed in Article 19, Article
20, and Article 21 of the Decree No. 25/2011/ND-CP;
6. For enterprises applying for the license to
establish terrestrial stationary telecommunications that do not fall into the
cases in Clause 5 of this Article: the legal capital shall comply with Clause 2
Article 19 of the Decree No. 25/2011/ND-CP/
7. For enterprises applying for the license to
establish a public telecommunications network to provide public
telecommunications services: the legal capital is determined based on the
approved project on the establishment of a public telecommunications network to
provide public telecommunications services.
Article 14. Acceptability
of pledge of investment
1. The pledge of investment written in the
commitment to implement the license to establish a public telecommunications
network of an enterprise that applies for the license to establish a public
telecommunications network is considered acceptable if it is not lower than the
levels in Articles 19, 20, and 21 of the Decree No. 25/2011/ND-CP, except for
the cases in Clause 2 and Clause 3 of this Article.
2. The pledge of investment made by an
enterprise applying for the license to establish a public telecommunications
network prescribed in Article 19 of this Circular or for a new license for
telecommunications services are considered acceptable if:
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b/ The pledge of investment written in the
commitment to implement the license is not lower than the difference between
the pledge of investment prescribed in Articles 19, 20, and 21 of Decree 25 and
the actual investment in the telecommunications network established previously.
3. For enterprises issued with the license to
establish a public telecommunications network that expires within 15 years, the
pledge of investment is considered acceptable throughout the validity period of
the license if the pledge of investment written in the commitment to actualize
the license to establish a public telecommunications network is not lower than
the level corresponding to the validity period. Enterprises may adjust the
pledge of investment during while the license is unexpired and submit the
commitment to actualize the license to establish a public telecommunications
network to the Vietnam Telecommunications Authority upon the receipt of the
license.
4. The actual investment in the public
telecommunications network prescribed in Clause 2 of this Article and Article
16 of this Circular is determined based on the documents proving the investment
in the implementation of the license when the application is submitted.
5. For enterprises applying for the license to
establish a terrestrial stationary public telecommunications network without
radio frequencies and telecommunication numbers: the pledge of investment shall
comply with Clause 1 Article 19 of the Decree No. 25/2011/ND-CP.
6. For enterprises applying to the license to
establish a terrestrial stationary public telecommunications network that do
not fall into the cases in Clause 5 of this Article: the committed investment
shall comply with Clause 2 Article 19 of the Decree No. 25/2011/ND-CP.
Article 15. Feasibility of
the distribution of telecommunication numbers and radio frequencies
1. For enterprises applying for the license for
telecommunications services using telecommunication numbers and radio
frequencies that do not belong to the list of telecommunication numbers, radio
frequencies distributed via auction and competition: the distribution of
telecommunication numbers and radio frequencies are considered feasible if
there are telecommunication numbers and radio frequencies to be distributed at
the request of enterprises.
2. For enterprises applying for the license for
telecommunications services using telecommunication numbers and radio
frequencies that do not belong to the list of telecommunication numbers, radio
frequencies distributed via auction and competition: the distribution of
telecommunication numbers and radio frequencies are considered feasible if
there are telecommunication numbers and radio frequencies to be distributed at
the request of enterprises.
Article 16. Assurance of
the implementation of the license for telecommunications services
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a/ 5% of the pledge of investment in the first
03 years from the date of issue of the license as prescribed in Clause 2
Article 19 of the Decree No. 25/2011/ND-CP, applicable to the applications for
the license to establish a terrestrial stationary public telecommunications
network using radio frequencies and telecommunication numbers;
b/ 5% of the pledge of investment in the first
03 years from the date of issue of the license as prescribed in Clause 3
Article 20 of the Decree No. 25/2011/ND-CP, applicable to the applications for
the license to establish a terrestrial stationary public telecommunications
network using radio frequencies;
2. Enterprises applying for the license to
establish a terrestrial stationary public telecommunications network using
radio frequencies and telecommunication numbers and the license to establish a
terrestrial mobile public telecommunications network, as prescribed in Article
19 and Article 25 of this Circular, that have satisfied the conditions for
licensing shall only be issued with the license if:
a/ The actual investment in the
telecommunications network established previously is not lower than the pledge
of investment in the first 03 years from the date of issue of the license as
prescribed in Clause 2 Article 19 or Clause 3 Article 20 of the Decree No.
25/2011/ND-CP; or
b/ A bank appointed by the Ministry of
Information and Communications issues a certification of a payment of 5% of the
difference between the pledge of investment in the first 03 years from the date
of issue of the license prescribed in Clause 2 Article 19 or Clause 3 Article
20 of the Decree No. 25/2011/ND-CP and the actual investment in the
telecommunications network established previously.
Section 2. ADJUSTMENT OF
LICENSES FOR TELECOMMUNICATIONS SERVICES
Article 17. Changes that require
the adjustment of the license for telecommunications services
While the license for telecommunications
services is unexpired, the enterprise shall apply for the adjustment of the
license when::
1. The enterprise’s name is changed as
prescribed by law on enterprises; or
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3. The enterprise wishes to provide
telecommunications services that are not written in the license, and the
authority competent to license those services is the authority that issued the
existing license.
4. Some licensed telecommunications services are
suspended.
Article 18. Changes that
must be notified
While the license for telecommunications
services is unexpired, the enterprise is exempt from applying for the
adjustment of the license, but relevant information must be notified to the
Vietnam Telecommunications Authority within 30 days from the day on which one
of the following changes is made:
1. The head office’s address is changed.
2. The legal representative is replaced.
3. The charter capital or investment is changed
but the legal capital is still satisfactory as prescribed in Articles 19, 20,
and 12 of the Decree No. 25/2011/ND-CP.
4. The contribution ratios among contributors
are changed but the requirements of foreign investment in the enterprise and
requirements of ownership prescribed in Article 3 of Decree 25 are still
fulfilled.
Article 19. Changes that
require licensing
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1. Founding shareholders of a joint-stock
company are replaced; or members of a multi-member limited liability company
are replaced; or the owner of a single-member limited liability company is
replaced; or the owner of a private enterprise is replaced.
2. The organizational structure of the
enterprise is changed due to a division, amalgamation, merger, or conversion as
prescribed by laws on enterprises.
3. The scale of the network within a province,
area, or country is changed.
4. The demand for telecommunication numbers or
radio frequencies is changed and the feasibility of the distribution of
telecommunication numbers and radio frequencies must be determined.
5. The enterprise wishes to provide
telecommunications services that are not written in the license, and the
authority competent to license those services is not the authority that issued
the existing license.
Section 20. The application
for the adjustment of the license for telecommunications services
1. The application for the adjustment of the
license for telecommunications services when changing the enterprise’s name
includes:
a/ The written request for the adjustment of the
license for telecommunications services;
b/ The Certificate of Enterprise registration or
Investment certificate and other documents relating to the change of
enterprise’s name.
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a/ The written request for the adjustment of the
license for telecommunications services;
b/ A report on the implementation of the license
(according to Form 08/GPKDVT) from the date of issue of the license to the day
on which the application for the adjustment of the license is submitted.
3. The application for the license to establish
a public telecommunications network due the expansion of the public
telecommunications network or addition of telecommunications services includes:
a/ The written request for the adjustment of the
license for telecommunications services;
b/ A report on the implementation of the license
from the date of issue of the license to the day on which the application for
the adjustment of the license is submitted.
c/ The business plan and technical plan for the
expanded network or additional services within the first 05 years from the date
of issue of the adjusted license.
d/ The draft of the sample contract for
telecommunications service provision and sample information sheet, applicable
to the applications for licensing terrestrial stationary telephone services,
terrestrial mobile information services and internet services.
Article 21. Considering the
adjustment of licenses for telecommunications services
1. The adjustment of licenses for
telecommunications services shall be considered based on the corresponding
conditions for licensing prescribed in Clauses 2, 3, 4, and 5 Article 12 of
this Circular.
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Section 3. EXTENSION OF
LICENSES FOR TELECOMMUNICATIONS SERVICES
Article 22. Application for
the extension of the license for telecommunications services
Holders of the license for telecommunications
services that wish to continue the provision of telecommunications services in
accordance with the issued license without applying for a new one shall submit
an application for the extension of the license for telecommunications services
at least 60 days before its expiration. The application for the extension
includes:
1. The written request for the extension of the
license for telecommunications services according to Form 03/GPKDVT;
2. A report on the implementation of the license
(according to Form 08/GPKDVT) up to the day on which the extension is
requested.
Article 23. Considering the
extension of the license for telecommunications services
1. The extension of a license for
telecommunications services is decided based on the conformity of the
enterprise with the license for telecommunications services and the laws on
telecommunications.
2. The extended license takes effect from the
expiration date of the old one. The validity period of the extended license
shall be considered in accordance with Point b Clause 1 Article 38 of the Law
on telecommunications.
Section 4. REISSUANCE OF THE
LICENSE FOR TELECOMMUNICATIONS SERVICES
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1. When an unexpired license for
telecommunications services is lost, damaged, burned, or destroyed, the
enterprise shall send an application for another license according to Form
04/GPKDVT to the Vietnam Telecommunications Authority.
2. Within 05
working days from day on which the valid application is received, the Vietnam
Telecommunications Authority shall:
a) Consider
the reissuance of the license for telecommunications services in the cases
prescribed in Clause 1 Article 5 of this Circular;
b) Request
the Minister of Information and Communications to consider the reissuance of
the license for telecommunications services in the cases prescribed in Clause 2
Article 5 of this Circular;
3. The
reissued license is identical to the lost, damaged, burned, or destroyed one.
The reissued license must specify the original issuance date, and reissuance
date.
Section 5. NEW ISSUANCE OF
THE LICENSE FOR TELECOMMUNICATIONS SERVICES
Article 25. Application for
a new license for telecommunications services
1. Holders of license for telecommunications
services that wish to continue the provision of telecommunications services in
accordance with the issued license shall send the Vietnam Telecommunications
Authority an application for a new license at least 60 days before its
expiration.
2. The application for a new license to
establish a public telecommunications network includes:
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b/ A report on the implementation of the license
(according to Form 08/GPKDVT) from the issuance date to the day on which a new
license is requested;
c) The business plan for the first 05 year from
the date of issue of the new license according to Form 06/GPKDVT;
d) The technical plan for the first 05 year from
the date of issue of the new license according to Form 07/GPKDVT;
dd) The written certification of legal capital
as prescribed in Clause 4 Article 13 of this Circular;
e) The commitment to implement the license to
establish a public telecommunications network.
3. The application for a new license to provide
telecommunications services includes:
a) The written request for a new license
according to Form 05/GPKDVT;
b/ A report on the implementation of the license
(according to Form 08/GPKDVT) from the issuance date to the day on which a new
license is requested;
c) The business plan for the first 05 year from
the date of issue of the new license according to Form 06/GPKDVT;
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Article 26. Considering the
issuance of the new license for telecommunications services
1. The issuance of a new license for
telecommunications services is decided in accordance with Articles 12, 13, 14,
15, and 16 Section 1 Chapter II of this Circular, with due account taken of the
conformity with the license for telecommunications services and the lawful
interests of telecommunications service users.
2. The new license takes effect from the
expiration date of the old one. The validity period of the extended license
shall be considered in accordance with Clause 2 Article 34 of the Law on
telecommunications.
Chapter III
REVOCATION AND
INVALIDATION OF THE LICENSE FOR TELECOMMUNICATIONS SERVICES
Article 27. Revocation of
the license for telecommunications services
1. The
Vietnam Telecommunications Authority shall issue notices of violations
committed by enterprises, issued decisions to revoke licenses for
telecommunications services if it is issued by the Vietnam Telecommunications
Authority, or request the Ministry of Information and Communications to revoked
licenses for telecommunications services if it is issued by the Ministry of
Information and Communications when enterprises commit fraud or provide false
information in the application for the issuance, reissuance, or extension of
the license for telecommunications services.
2. The
Vietnam Telecommunications Authority shall issue notices of violations
committed by enterprises and request their legal representative to provide
explanation at the Vietnam Telecommunications Authority when enterprises fail
to actualize the license for telecommunications services after 02 years from
its issuance date, or when enterprises fail to notify the Ministry of
Information and Communications when stop providing telecommunications services
for 01 year. After 10 working days from the deadline in the notification, if
the explanation is not provided or not rational, the Vietnam Telecommunications
Authority shall issue a decision to revoke the license for telecommunications
services if it is issued by the Vietnam Telecommunications Authority, or
request the Minister of Information and Communications to revoke the license
for telecommunications services if it is issued by the Ministry of Information
and Communications.
3. The
Vietnam Telecommunications Authority shall issue a decision to revoke the
license for telecommunications services if it is issued by the Vietnam Telecommunications
Authority, or request the Minister of Information and Communications to revoke
the license for telecommunications services if it is issued by the Ministry of
Information and Communications after a decision is made by a competent authority
in the following cases:
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b/ The
enterprise’s operation is not conformable with the licensed issued that
seriously violates the lawful rights and interests of other organizations and
individuals.
4. The
Vietnam Telecommunications Authority shall issue a decision to revoke the
license for telecommunications services if it is issued by the Vietnam
Telecommunications Authority, or request the Minister of Information and Communications
to revoke the license for telecommunications services if it is issued by the
Ministry of Information and Communications if all telecommunications services
in the license are stopped and the procedure for terminating the provision of
telecommunications services is completed.
Article 28. Invalidation of
the license for telecommunications services
The Vietnam
Telecommunications Authority shall issue notices of violations committed by
enterprises and issue a decision to invalidate or request the Minister of
Information and Communications to invalidate the adjustments to the license for
telecommunications services when the enterprise commits fraud or provide false
information in the application for the adjustment of the license for
telecommunications services..
Chapter IV
IMPLEMENTATION
Article 29. Transitional
provisions
1. The enterprises issued with the license to
establish a public telecommunications network and provide telecommunications
services or the license to provide telecommunications services before the
Decree No. 25/2011/ND-CP takes effect shall applies for the replacing them with
the license to establish a public telecommunications network or license to
provide telecommunications services as prescribed in this Circular before
December 31st 2013.
2. The enterprises applying for the license to
establish a public telecommunications network are exempt from the fulfillment
of the conditions on legal capital, pledge of investment, and implementation of
the license as prescribed in Articles 19, 20, 21, and 22 of the Decree No.
25/2011/ND-CP.
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4. The authority to issue and replace licenses
shall comply with Article 5 of this Circular.
5. The new license takes effect from its
issuance date and expires on the expiration date of the old license if it replaces
01 license issued previously; or expire on the expiration date of the old
license that has the longest validity period if they replaces at least 02
licenses issued previously.
Article 30. Effect
This Circular takes effect on July 01st
2013.
Article 31. Implementation
1. The
Vietnam Telecommunications Authority shall post the information about licenses
for telecommunications services, decisions to revoke and invalidate licenses
for telecommunications services on its website.
2. Information in applications for licensing
telecommunications services shall be kept confidential as prescribed by law.
3. The Chief of Office, the Director of the
Vietnam Telecommunications Authority, Directors of Ministerial agencies,
Director of Services of Information and Communications, Directors of
telecommunication enterprises, relevant organizations and individuals are
responsible for the implementation of this Circular.
4. Organizations and individuals are recommended
to report the difficulties arising during the course of implementation to the
Ministry of Information and Communications (the Vietnam Telecommunications
Authority) for amendments./.
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THE MINISTER
Nguyen Bac Son