Chương X Luật Viễn thông 2023: Điều khoản thi hành

Chapter X

IMPLEMENTATION PROVISIONS

Article 71. Amendment, replacement, and annulment of a number of articles of relevant laws

1. The phrase “giấy phép thiết lập mạng viễn thông” (telecommunications network establishment license) shall be replaced by the phrase “giấy phép cung cấp dịch vụ viễn thông có hạ tầng mang” (license for provision of telecommunications services with network infrastructure) at Point b, Clause 1, Article 18a, Point b, Clause 3, Article 20 and Point a, Clause 2, Article 24 of the Law on Radio Frequencies No. 42/2009/QH12 amended by the Law No. 09/2022/QH15.

2. The phrase “tài nguyên Internet” (Internet resources) shall be replaced by the phrase “tài nguyên Internet Việt Nam” (Vietnamese Internet resources) at Clause 7 Article 4 and Clause 5 Article 119 of the Law on Management and Use of Public Property No. 15/2017/QH14 amended by the Law No. 64/2020/QH14 and the Law No. 07/2022/QH15.

3. The List of fees and charges in Appendix 01 enclosed with the Law on Fees and Charges No. 97/2015/QH13 amended by the Law No. 09/2017/QH14, the Law No. 23/2018/QH14, the Law No. 72/2020/QH14, the Law No. 16/2023/QH15 and the Law No. 20/2023/QH15 shall be amended as follows:

a) Point 2 section VI part A shall be amended as follows:

b) Point 2.3 shall be added after Point 2.2, section VI part A as follows:

c) Point 5 section III part B shall be amended as follows:

d) Point 5.4 shall be added after Point 5.3, section III part B as follows:

4. Article 76 of the Law No. 67/2006/QH11 on Information Technology amended by Law No. 21/2017/QH14 and Law No. 20/2023/QH15 shall be annulled.

Article 72. Entry into force

1. This Law comes into force from July 01, 2024, except for Clauses 3 and 4 of this Article.

2. The Law No. 41/2009/QH12 on Telecommunications amended by Law No. 21/2017/QH14 and Law No. 23/2018/QH14 will cease to be effective from the effective date of this Law, unless otherwise specified in Clause 4, Article 73 of this Law.

3. Regulations on provision of basic telecommunications services on the Internet, data center services and cloud computing services in Article 28 and Article 29 of this Law come into force from January 1, 2025.

4. Regulations on payment of fees for maintenance and use of network codes and charges for registration and use of network codes at Point d, Clause 9, Article 50 and Clause 3, Article 71 of this Law come into force from January 1, 2025.

Article 73. Transitional provisions

1. Licenses for telecommunications operations granted in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law No. 23/2018/QH14, shall continue to be valid until the expiration date of such licenses.

2. Enterprises may continue to commercially provide telecommunications services within the remaining validity duration of the licenses for commercial provision of telecommunications services granted in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law No. 23/2018/QH14 until such licenses expires, unless otherwise specified in Clause 3 of this Article.

3. In case where an enterprise has been granted a license for provision of telecommunications services and a license for establishment of public telecommunications networks and the validity duration stated on the license for provision of telecommunications services is shorter than that stated on the license for establishment of public telecommunications networks, the validity duration of the latter shall prevail.

4. In case an organization or enterprise submits an application for a telecommunications license before the effective date of this Law but has not been granted the license by July 1, 2024, it will be considered for a license in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law No. 23/2018/QH14.