Chương IV Luật Viễn thông 2023: Giấy phép viễn thông

Chapter IV

TELECOMMUNICATIONS LICENSES

Article 33. Telecommunications licenses

1. Telecommunications licenses include licenses for provision of telecommunications services and licenses for telecommunications operations.

2. Licenses for provision of telecommunications services include:

a) License for provision of telecommunications services with network infrastructure which is valid for no more than 15 years and is issued to a service provider with network infrastructure;

b) License for provision of telecommunications services without network infrastructure, which is valid for no more than 10 years and is issued to a service provider without network infrastructure.

3. Licenses for telecommunications operations include:

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;

c) License for testing of telecommunications networks and services, which is valid for no more than 02 years and is issued to a telecommunications enterprise which tests telecommunications networks and services.

d) License for establishment of telecommunications networks, which is valid for no more than 10 years, and is issued to the national radio station or the national television station under the Government for provision of information and dissemination of the Communist Party’s policies and guidelines, the State’s policies and laws and non-profit activities.

4. The Minister of Information and Communications shall issue, renew, re-issue, amend, supplement and revoke telecommunications licenses and compel the termination of provision of telecommunications services.

5. The Government shall elaborate conditions and procedures for issuance, renewal, re-issuance, amendments, supplement and revocation of various types of telecommunications licenses, and forcible termination of provision of telecommunications services.

Article 34. Principles of issuance of telecommunications licenses

1. Conforming to the information and communication infrastructure planning.

2. Giving priority to projects which can be rapidly implemented and involve commitments to provide services for telecommunications service users for a long term; projects on provision of telecommunication services for border areas, mountainous areas, highland regions, coastal sand dunes, coastal areas and islands, ethnic minority areas, extremely disadvantaged areas.

3. Telecommunications licenses to be issued which cover the use of telecommunications resources will be only issued if the allocation of these telecommunications resources is feasible and in line with the approved radio frequency planning, planning for telecommunications numbers, and internet resource planning, and ensures the effective use of the telecommunications resources.

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:

a) Licenses for provision of telecommunications services with network infrastructure using radio frequencies issued by the auction of rights to use radio frequencies, through the examination for enjoyment of the rights to use radio frequencies or re-issuance of licenses for use of radio frequencies;

b) Licenses for provision of telecommunications services with network infrastructure issued to areas with special requirements in accordance with the Government’s regulations.

2. Group-based licensing is a form of telecommunications licensing provided that the general conditions and obligations specified for organizations and enterprises are satisfied. To be specific:

a) Licenses for provision of telecommunications services with network infrastructure, except for the cases specified in Clause 1 of this Article;

b) Licenses for provision of telecommunications services without network infrastructure, unless the provision of services shall be registered and notified in accordance with Clauses 1 and 2, Article 41 of this Law;

c) Licenses for telecommunications operations.

Article 36. Conditions for issuance of licenses for provision of telecommunications services

1. A telecommunications license specified at Point a, Clause 1, Article 35 of this Law shall be issued to an enterprise when all the following conditions are met:

a) Obtaining a business registration certificate or an investment registration certificate;

b) Having minimum charter capital in accordance with the Government’s regulations;

c) Not undergoing dissolution or bankruptcy procedures under the competent state agency's decision;

d) Making a technical plan and a business plan in conformity with the information and communications infrastructure planning and in accordance with regulations of this Law on telecommunications resources, connections, service prices, technical standards, regulations, quality of telecommunications services, safety of telecommunications infrastructure, protection of legitimate rights and interests of telecommunications service users and other regulations of relevant laws;

dd) Committing to deploy telecommunications network for frequency band and radio frequency channel allocated in the form of auction or examination or for frequency band re-allocated;

e) Winning the auction or passing the examination for enjoyment of the right to use radio frequency or being eligible to be re-issued with a license for use of radio frequency.

2. A telecommunications license specified at Point a, Clause 2, Article 35 of this Law shall be issued to an enterprise when all the following conditions are met:

a) Meeting conditions specified in Points a,b,c and d Clause 1 of this Article;

b) Satisfying conditions for deployment of telecommunications network regulated by the Government.

3. A telecommunications license specified at Point b, Clause 2, Article 35 of this Law shall be issued to an enterprise when the conditions specified in Points a,c and d Clause 1 of this Article are met:

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.

Article 38. Conditions for issuance of licenses for telecommunications operations

1. A license for installation of submarine telecommunications cable lines shall be issued to a Vietnamese or foreign organization when the following conditions are met:

a) Committing to comply with regulations of Vietnamese laws;

b) Committing to fail to cause pollution of the marine environment;

c) Committing to fail to perform activities other than survey, installation, maintenance, repair, and withdrawal of telecommunications cable lines;

d) Setting up a project to install submarine telecommunications cable lines in accordance with the information and communication infrastructure planning, regulations on national defense, security, environmental protection and other regulations of relevant laws;

dd) Committing to be subject to inspection, control and instruction by the competent state agency upon survey, installation, maintenance, repair or withdrawal of cable lines in Vietnamese seas and bear all expenses for such inspection, control or instruction.

2. A license for establishment of a private telecommunications network shall be issued to an organization when the following conditions are met:

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;

c) Implementing measures to assure the safety of telecommunications infrastructure, cybersecurity and information security.

3. A license for testing of telecommunications networks and services shall be issued to a telecommunications enterprise when the following conditions are met. To be specific:

a) Services requested to be tested are telecommunications services not indicated in the issued telecommunications license or telecommunications services using telecommunications resources other than those already allocated;

b) Testing scope and scale are limited in order to assess the technology and market before official commencement of business operation;

c) The testing plan is compliance with regulations on telecommunications connection, service prices, technical regulations and standards.

4. A license for establishment of telecommunications networks specified at Point d, Clause 3, Article 33 of this Law shall be issued to an organization when all the following conditions are met:

a) Committing to establish a telecommunications network for not-for-profit purposes;

b) Making a technical plan in conformity with the information and communications infrastructure planning and in accordance with regulations of this Law on telecommunications resources, connections, service prices, technical standards, regulations, quality of telecommunications services, safety of telecommunications infrastructure, protection of legitimate rights and interests of telecommunications service users and other regulations of relevant laws;

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.

2. The renewal of a telecommunications license shall be considered according to the following principles:

a) The organization or enterprise shall comply with regulations indicated in the telecommunications license to be renewed and regulations of the law on telecommunications;

b) The total duration of the first and renewed licenses must not exceed the maximum permissible duration of such license. If the duration of the first license is the same as the maximum permissible duration, it can only be renewed for up to 01 more year. The Government shall elaborate cases where an issued license can be renewed if its validity duration is the same as the maximum permissible duration.

3. A telecommunications license of an organization or enterprise is reissued when it satisfies the conditions specified in Articles 36 and 38 of this Law with consideration taken of compliance with regulations indicated in the issued license and protection of benefits of telecommunications service users

4. A telecommunications license may be amended during its validity duration as follows:

a) Upon request of the organization or enterprise issued with such license or upon request of the Ministry of Information and Communications;

b) On the basis of the licensing conditions specified in Articles 36 and 38 of this Law applicable to the respective detail of the license to be amended.

Article 40. Revocation of telecommunications licenses, forcible termination of provision of telecommunications services

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;

b) Committing a fraudulent act or providing untruthful information in order to obtain the telecommunications license;

c) Operating in contravention of the contents of the issued telecommunications license and causing serious consequences for legitimate rights and interests of other organizations and individuals

d) Failing to adequately and really fulfill the commitment to deploy telecommunications networks or provide telecommunications services to the market after 02 years from the date the license is issued, except for the force majeure event or the case specified at Point g of this Clause;

dd) Discontinuing the provision of telecommunications services under the issued telecommunications license continuously in 01 year without notifying the Ministry of Information and Communications;

e) Voluntarily returning the license for provision of telecommunications services;

g) Having all radio frequency resources allocated under the license for provision of telecommunications services specified at Point a, Clause 1, Article 35 of this Law withdrawn within 12 months from the date the right to use radio frequency is revoked without amendment to or re-issuance of the license for provision of telecommunications services;

h) Failing to fully pay the fee for the right to operate telecommunications after 12 months from the due date specified by the law on fees and charges in accordance with the notice of the authority that has issued the telecommunications license to the organization or enterprise.

2. A provider of telecommunications services of which the provision shall be registered or notified in accordance with Article 41 of this Law shall terminate provision of its telecommunications services if it falls into one of the following cases:

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.

c) Failing to meet the conditions for provision of telecommunications services of which the provision shall be registered;

d) Terminating the provision of telecommunications services continuously in 01 year without notifying the Ministry of Information and Communications.

3. The enterprise or organization which falls into one of the cases specified at Points b, c, d, dd, e, g and h, Clause 1 and Points b, c and d, Clause 2 of this Article may submit an application for a telecommunications license or registration and notification of provision of telecommunications services after 01 year from the date on which its license is revoked or it is forced to terminate the provision.

4. The organization or enterprise whose license is revoked in the case specified at Point a, Clause 1 of this Article or which is forced to terminate the provision of their telecommunications services in the case specified at Point a, Clause 2 of this Article shall not be issued with the telecommunications license or allowed to provide telecommunications services specified in Article 41 of this Law.

Article 41. Registration and notification of provision of telecommunications services

1. Registration of provision of telecommunications services means that an enterprise shall declare its information and the type of telecommunications services which are provided and meet the conditions for provision of telecommunications services in accordance with the Government’s regulations.

2. Notification of provision of telecommunications services means that an enterprise shall declare its information, the type of telecommunications services which are provided and pieces of information related to quality of its services.

3. The Government shall elaborate the list of telecommunications services subject to registration and notification of provision; conditions for provision of telecommunications services subject to registration; and procedures for registration and notification of provision of telecommunications services.

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:

1. They trade in telecommunications goods;

2. They act as telecommunications service agents to provide telecommunications services;

3. They hire transmission lines for provision of telecommunications application services;

4. Members of the private telecommunications network belong to the same organization and do not establish their own telecommunications transmission lines.

Article 43. Fee for the right to operate telecommunications

1. Fee for the right to operate telecommunications is a sum of money paid by an organization or enterprise engaged in telecommunications activities to the State to be entitled to establish a telecommunications network or provide telecommunications services. This fee shall be determined on the basis of scope and scale of the telecommunications network and telecommunications service revenue; quantity and value of the allocated telecommunications resources; and use of space, ground surface, underground space, riverbed and seabed for establishment of the telecommunications network or construction of telecommunications works.

2. An organization or enterprise shall pay the fee for the right to operate telecommunications by one of the following methods:

a) Annual payment of the fee at a fixed amount;

b) Lump-sum payment of the fee at a fixed amount for the whole validity duration of the telecommunications license.