Chương II Luật Viễn thông 2023: Kinh doanh viễn thông

Chapter II

TELECOMMUNICATIONS BUSINESS

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.

3. The Government shall prescribe the maximum percentage of stake or shares an organization or individual may hold in 02 or more telecommunications enterprises operating in the same telecommunication market to ensure healthy competition.

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;

d) Sublease telecommunications infrastructure to other telecommunications enterprises in case where the telecommunications enterprise leasing such telecommunications infrastructure gives consent;

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;

e) Prepare a plan for technical connections which meet requirements for state management of telecommunications according to regulations issued by the Minister of Information and Communications to serve data report by electronic means;

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;

b) Be prioritized for use of the space, ground surface, underground space, river bed, sea bed and land intended for public purposes in order to build telecommunications infrastructure under the planning, technical standards and regulations and relevant laws;

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

1. A telecommunications service agent has the following rights:

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;

d) Provide telecommunications services within time limits according to regulations of law;

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;

2. Telecommunications service users have the following obligations:

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;

b) Comply with regulations on management of telecommunications resources and technical standards and regulations on telecommunications;

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.

3. The Minster of Information and Communications shall elaborate telecommunications wholesaling.

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

Article 18. Terminal devices and LAN

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;

b) Private telecommunications networks of which members are Vietnamese or foreign organizations and individuals operating in Vietnam for the same purpose, with the identical operation characteristics, and interrelated through their organization and operation charters or otherwise;

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.

6. The Government shall elaborate classification and provision of telecommunications services.

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;

c) Telecommunications service users evade paying service charges and telecommunications enterprises have agreed in writing with other enterprises about refusal to provide telecommunications services for such users in case they pay charges after using services;

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.

2. Telecommunications enterprises owning essential devices, market leaders (for telecommunications service markets managed by the State), and public-utility telecommunications service providers may only discontinue providing some or all telecommunications services directly related to telecommunications, market-leading telecommunications services and public-utility telecommunications services if they meeting the following conditions and obtain written consents from the Ministry of Information and Communications:

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

1. Emergency telecommunications service means a service which allows a caller to contact the police, ambulance or fire service.

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.

4. Telecommunications enterprises shall provide electronic copies of public telephone directories specified in Clause l of this Article free of charge for users of fixed telephone services.

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:

a) Register and notify provision of telecommunications services according to regulations in Article 41 of this Law;

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;

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, Clause 2 Article 64 of this Law;

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;

h) Store and manage information about users of services provided when they enter into telecommunications service contracts according to the Government’s regulations;

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.

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