Chương VI Luật Viễn thông 2023: Tài nguyên viễn thông

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;

d) Using the telecommunications resources in an efficient, economical and proper manner;

dd) Protecting legitimate rights and interests of organizations and individuals allocated the telecommunications resources and telecommunications service users.

4. The Ministry of Information and Communications shall provide for the management of telecommunications numbers and Internet resources; compensation when the State revokes telecommunications codes and numbers, and Internet resources; operating conditions, rights and obligations of organizations and enterprises providing domain name registration and maintenance services.

Article 49. Plannings for telecommunications numbers and Internet resources

1. Plannings for telecommunications numbers and Internet resources shall adhere to the following principles:

a) Being conformable with the information and communication infrastructure planning;

 b) Facilitating the application of advanced technologies in order to suit the trend of technology and service convergence and trends towards development of telecommunications and next generation Internet;

c) Optimizing the establishment of telecommunications networks and the provision of telecommunications services;

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;

e) Complying with regulations on telecommunications numbers and Internet resources of international organizations of which the Socialist Republic of Vietnam is a member;

g) Protecting legitimate rights and interests of organizations and individuals using telecommunications codes and numbers and Internet resources.

2. The Minister of Information and Communications shall provide for contents and procedures for approval for plannings for telecommunications numbers and Internet resources, and approve such plannings.

Article 50. Distribution, allocation, use, registration and return of telecommunications codes and numbers and Internet resources

1. The distribution, allocation, registration, and use of telecommunications codes and numbers and Internet resources shall adhere to the following principles:

a) Being consistent with plannings for telecommunications numbers and Internet resources;

b) Allocating and distributing telecommunications codes and numbers and Internet resources in a fair, public and transparent manner;

c) Using telecommunications codes and numbers and Internet resources which have been allocated and distributed in an efficient, economical and proper manner;

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.

2. Telecommunication codes and numbers shall be allocated by one of the following methods. To be specific:

a) The right to use telecommunications codes and numbers including terrestrial mobile telecommunications network codes used for human-to-human communication (hereinafter referred to as “H2H mobile network codes”), telecommunications subscriber numbers used for terrestrial mobile telecommunications services that provide human-to-human communication (hereinafter referred to as “H2H mobile subscriber numbers”), short message service numbers, and enquiry service numbers shall be obtained through an auction.

b) Telecommunications codes and numbers specified at Point dd, Clause 1, Article 49 of this Law and those not mentioned at Point a of this Clause shall be directly allocated to organizations and enterprises on a first-come, first-served basis.

3. Internet resources of Vietnam shall be allocated and distributed by one of the following methods. To be specific:

a) The right to use Vietnamese domain names “.vn” at level 2 with 1 or 2 characters, except for domain names protected and shared in accordance with regulations issued by the Minister of Information and Communications shall be obtained through an auction;

b) Vietnamese domain names “.vn”, except for domain names of which the right to use is obtained through the auction as specified at Point a of this Clause; IP addresses, network codes shall be directly distributed to organizations and individuals for the use of services on a first-come, first-served basis;

c) IP addresses, network codes shall be directly distributed to enterprises for provision of telecommunications services on a first-come, first-served basis.

4. The auction of the right to use telecommunications codes and numbers shall be carried out as follows:

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;

c) The starting price for the auction of H2H mobile subscriber numbers shall be equal to the GDP per capita at the price of the year preceding the year of the auction as announced by the General Statistics Office of Vietnam, calculated for 01 day;

d) Starting prices for the auction of H2H mobile network codes, short message service numbers, and enquiry service numbers shall be equal to one-year usage fees for such codes and numbers. In case where the auction of H2H mobile network codes, short message service numbers, enquiry service numbers not mentioned at Point a of this Clause is required by organizations or enterprises, starting prices of such auction shall be equal to 5-year usage fees for such codes and numbers;

dd) The Ministry of Information and Communications shall approve the results of auctions of telecommunications codes and numbers. Telecommunications service providers shall be responsible for carrying out procedures for auction winners to use telecommunications services associated with the winning subscriber numbers in such auctions;

e) H2H mobile network codes, H2H mobile subscriber numbers, short message service numbers, enquiry service numbers after 02 unsuccessful auctions will be allocated directly to organizations and enterprises in accordance with Point b, Clause 2 of this Article. Organizations and enterprises shall be responsible for paying use right fees equal to one-year usage fees for such codes and numbers and paying usage fees for telecommunication codes and numbers in accordance with the law regulations on fees and charges.

5. The auction of the right to use a Vietnamese domain name “.vn” shall be carried out as follows:

a) The starting price of the Vietnamese domain name “.vn” shall be equal to the 1-year fee for maintenance of such domain name;

b) The Ministry of Information and Communications shall approve results of the auction of the right to use the Vietnamese domain name “.vn”. The organization or individual shall be responsible for carrying out procedures for registration of use the winning domain name in the auction;

c) Vietnamese domain names “.vn” after 02 unsuccessful auctions will be distributed directly in accordance with Point b, Clause 3 of this Article.

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.

8. Telecommunications enterprises, when their telecommunications licenses expire and are re-issued or renewed, may continue utilize and use the telecommunications codes and numbers that have been allocated in accordance with the regulations of this Law on management and use of telecommunications numbers.

9. Organizations and individuals allocated telecommunications codes and numbers and Internet resources have the rights to and shall:

a) Use, lease, transfer or re-allocate telecommunications codes and numbers and Internet resources distributed or allocated for proper purposes, within the specified scope and to right beneficiaries under decisions on distribution and allocation of telecommunications numbers and codes and Internet resources and regulations on management and use of telecommunications numbers and Internet resources;

b) Receive, give, contribute capital, or inherit the right to use Vietnamese domain names “.vn” in accordance with the civil law and other regulations of relevant laws;

c) Report to the Ministry of Information and Communications, on a periodic basis or upon request, on actual use of telecommunications codes and numbers and Internet resources distributed or allocated;

d) Pay fees for the use of telecommunication codes and numbers, fees for the maintenance of Internet resources, charges for the allocation of telecommunications numbers, and fees for the allocation and distribution of Internet resources; and fees for granting the right to use telecommunications numbers or Internet resources allocated/distributed through auctions. Winners of the H2H mobile subscriber number auctions shall be exempt from fees for the use of telecommunication codes and numbers;

dd) Organizations and individuals that no longer need to use telecommunications numbers and Internet resources shall return them to authorities managing telecommunications numbers and units managing Internet resources.

10. The Government shall elaborate Clause 4 and Clause 5 of this Article.

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:

a) Telecommunications codes and numbers allocated by the Ministry of Information and Communications to organizations and individuals through the auction in accordance with Point a, Clause 2, Article 50 of this Law;

b) Vietnamese domain names “.vn”, except for domain names protected and shared according to regulations issued by the Minister of Information and Communications, domain names subject to penalties for violations or involved in resolution of disputes or complaints, and domain names which are suspended.

2. The rights to use telecommunications codes and numbers, and Internet resources of Vietnam may be transferred when the following conditions are met:

a) Organizations and individuals that transfer the rights to use telecommunications codes and numbers and Internet resources of Vietnam shall obtain such lawful rights;

b) Organizations and individuals that receive the transfer of the rights to use telecommunications codes and numbers and Internet resources of Vietnam shall be licensed to operate or qualified for investment in, exploitation and use of these telecommunications codes and numbers and Internet resources

3. Parties involved in the transfer of rights to use telecommunications codes and numbers, and Internet resources of Vietnam shall:

a) Pay fees, charges, and taxes upon transfer in accordance with regulations of the law on taxes, fees, and charges;

b) Protect legitimate rights and interests of relevant organizations and individuals.

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.

2. Resolution of disputes over registration and use of a Vietnamese domain name “.vn” shall be based on the following factors. To be specific:

a) The domain name is identical or confusingly similar to a name, trademark, geographical indication, or trade name which the plaintiff has legal rights and interests;

b) Legitimate rights and interests related to the domain name of the disputing parties;

c) The defendant uses the domain name with bad intentions and abuses the prestige and reputation of the trademark, trade name, geographical indication which the plaintiff has legal rights and interests to gain illegal profits.

3. The plaintiff, when requiring the resolution of a dispute over the registration and use of the Vietnamese domain name “.vn”, shall provide evidence to prove the factors specified in Clause 2 of this Article.

4. The Government shall elaborate Clause 2 of this Article.

Article 53. Revocation of telecommunications codes and numbers, and Internet resources

1. Revocation of telecommunications codes and numbers and Internet resources means that a competent state agency decides to revoke the rights to use telecommunications codes and numbers and Internet resources already distributed or allocated to organizations and individuals.

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;

b) Use purposes and entities eligible for use of telecommunications codes numbers and Internet resources of Vietnam are no longer in line with the telecommunications number planning and Internet resource planning;

c) The fees for allocation of telecommunications number storages, usage fees for telecommunication codes and numbers are not paid in a full manner and are not paid in a full manner within 06 months from the due date specified in the law on fees and charges in accordance with the notice of the state agency in charge of telecommunications;

d) The fees for maintenance of Internet resources of Vietnam are not paid in a full manner within 30 days from the due date in accordance with the notice of the unit managing Internet resources;

dd) Telecommunications codes and numbers and Internet resources of Vietnam are revoked upon request of the competent state agency when they are used to commit prohibited acts specified in Article 9 of this Law or other violations.

3. Organizations and individuals that have telecommunications codes and numbers and Internet resources revoked under Clause 2 of this Article shall terminate the use of telecommunications codes and numbers and Internet resources under revocation decisions.

4. The State shall pay compensation to each organization/individual that has telecommunications codes and numbers and Internet resources revoked under Points a and b, Clause 2 of this Article in accordance with the following regulations. To be specific:

a) Regarding telecommunications codes and numbers, and Internet resources that are directly allocated or distributed, the compensation shall be determined on the basis of the usage fees for such telecommunications codes and numbers, and fees for maintenance of Internet resources as specified in the law on fees and charges;

b) Regarding telecommunications codes and numbers, and Internet resources allocated and distributed through auctions of usage rights, the compensation shall be equal to the winning bid.