Chương 1 Luật viễn thông năm 2009: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for telecommunications activities, including telecommunications investment and business; public-utility telecom­munications; telecommunications management; construction of telecommunications works: rights and obligations of organizations and individuals engaged in telecommunications activities.

Article 2. Subjects of application

This Law applies to domestic and foreign organizations and individuals directly engaged or related to telecommunications activities in Vietnam.

Article 3. Interpretation of terms

In this Law. the terms below are construed as follows:

1. Telecommunications means the sending, transmission, reception and processing of signs, signals, data, writings, images, sounds or information of any other nature by cable, radio, optical and other electromagnetic devices.

2. Telecommunications equipment means technical equipment, including both hardware and software. used for providing telecommunications services.

3. Terminal equipment means fixed or mobile telecommunications equipment connected to endpoint nodes of telecommunications networks in order to send, transmit, receive and process information of users.

4. Subscriber terminal equipment means terminal equipment of a telecommunications subscriber.

5. Network equipment means telecommuni­cations equipment installed on telecommunications networks to facilitate the provision of telecommunications services.

6. Telecommunications commodity means a telecommunications software or supplies or equipment.

7. Telecommunications service means the service of sending, transmitting, receiving or processing of information between two users or within a group of users of telecommunications services, including basic service and value-added service.

8. Telecommunications application service means a service using telecommunications transmission lines or networks to provide applica­tion services in the domains of information technology, radio or television broadcasting, commerce, finance, banking, culture, informa­tion, health care, education and other domains.

9. Transmission line means a combination of telecommunications equipment used to form pan or the whole information link between two given points.

10. Telecommunications network means a combination of telecommunications equipment interconnected by transmission lines to provide telecommunications or telecommunications application services.

11. Public telecommunications network means a telecommunications network established by a telecommunications business to provide telecommunications services or application services to the public for the profit purpose.

12. Exclusive-use telecommunications network means a telecommunications network established by an organization operating in

Vietnam to provide telecommunications services or application services to the network members not for the purpose of making profits from its operations.

13. Intranet means a telecommunications network established by an organization or individual at a place with specified address and scope and subject to the lawful use right of such organization or individual in service of internal communication not for the purpose of making direct profits from its operations.

14. Internet means the global information system using the Internet protocol and resources to provide different services and applications to telecommunications service users.

15. Endpoint node of a public telecommuni­cations network means a point of physical connection in this telecommunications network according to technical standards and regulations to ensure the connection of terminal equipment to the telecommunications network and the delimitation of economic and technical boundaries between a telecommunications business and telecommunications service users.

16. Telecommunications connection means the physical and logical connection between telecommunications networks, through which telecommunications service users of a network may reach users or access services of another network and vice versa.

17. Telecommunications work means a construction work, including inactive telecommunications technical infrastructure (buildings, stations, poles, sewers and tanks) and network equipment installed therein.

18. Telecommunications infrastructure means a combination of telecommunications equipment, transmission lines, networks and works.

19. Essential devices means an important part of telecommunications infrastructure wholly or largely under the monopolized possession of one or several telecommunications businesses on the telecommunications market, with the new forma­tion of this infrastructure part for replacement economically and technically infeasible.

20. Telecommunications resource means a national resource consisting of telecommunications number storages. Internet resources, radio frequency bands and satellite orbits under the national management.

21. Telecommunications number storage means an assortment of codes and numbers under the national management and uniformly planned to establish telecommunications networks, provide and use telecommunications services.

22. Internet resource means an assortment of names and numbers under the national management and uniformly planned to facilitate Internet activities.

Internet resource consists of domain names. Internet addresses, identification numbers of networks and other names and numbers as prescribed by international telecommunications and Internet organizations.

23. Telecommunications business means a business established under the Vietnamese law and licensed to provide telecommunications services.

Telecommunications businesses include service providers with network infrastructure and those without network infrastructure.

24. Telecommunications service agent means an organization or individual that provides telecommunications services to users under an agency contract with a telecommunications business to enjoy commissions or resell telecommunications services to enjoy price differences.

25. Telecommunications service user means an organization or individual that enters into a telecommunications service use contract with a telecommunications business or service agent.

26. Telecommunications subscriber means a telecommunications service user that involves the specification of a certain telecommunications resource or transmission line.

27. Resale of telecommunications services means the provision of telecommunications services by a telecommunications business or service agent to telecommunications service users on the basis of renting a transmission line or buying a telecommunications flow under a contract with another telecommunications business.

Article 4. State policies on telecommunications

1. Creating conditions for organizations and individuals of all economic sectors to invest in telecommunications and conduct telecommunications business with a view to rapidly developing and modernizing telecommunications infrastructure, diversifying telecommunications services and meeting requirements of socio-economic development, contributing lo the national defense and security maintenance, and raising the people's living standards.

2. Assuring an environment of fair competition in telecommunications activities.

3. Creating favorable conditions for development of telecommunications infrastructure and provision of telecommunications services in deep-lying, remote and border areas, islands, areas with exceptional socio-economic difficulties; clearly distinguishing public-utility telecommunications activities from telecommunications business activities; promoting the use of the Internet in the domains of education, training, health care and scientific research.

4. Intensifying investment in building and modernizing exclusive-use telecommunications networks in service of defense and security activities and operations of agencies of the Party and the State.

5. Promoting the development of telecommunications human resources to meet requirements of the management, exploitation and effective commercial operation of telecommunications infrastructure.

6. Enhancing international cooperation in telecommunications on the basis of respect for independence, sovereignty, equality and mutual benefit and compliance with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 5. Assurance of safety of telecom­munications infrastructure and information security

1. Assurance of safety of telecommunications infrastructure and information security is a responsibility of all organizations and individuals. Upon detecting acts of sabotaging or infringing upon the telecommunications infrastructure, organizations and individuals shall promptly report them to the nearest People's Committee or police office.

2. Organizations and individuals engaged in telecommunications activities may not cause harms to the environment and other socio­economic activities. In their activities, organiza­tions and individuals may not cause harmful interferences or damage telecommunications equipment, works and networks or adversely affect operation of the telecommunications infrastructure.

3. The Ministry of National Defense, the Ministry of Public Security and People's

Committees at all levels shall, within the ambit of their tasks and powers, protect the safety of the telecommunications infrastructure. Public telecommunications businesses, owners of exclusive-use telecommunications networks, telecommunications service agents and users shall protect telecommunications networks and their terminal equipment and take part in protecting the public telecommunications infrastructure.

4. Organizations and individuals engaged in telecommunications activities shall submit to the management, inspection and examination by competent state agencies and respond to requests of these agencies regarding the assurance of safety of the telecommunications infrastructure and information security.

5. Competent state agencies may mobilize part or the whole telecommunications infrastructure in cases of emergency under the law on national defense, national security and cases of emergency.

6. At the request of competent state agencies, telecommunications businesses shall provide telecommunications network access points and other necessary technical and professional conditions for these agencies to perform the task of controlling and assuring the information security.

7. Telecommunications businesses shall respond to requests of competent state agencies, urgently prevent and terminate the provision of telecommunications services in cases of public violence or riot or use of telecommunications services against national security or the State of the Socialist Republic of Vietnam.

8. The Ministry of Information and Communications shall assume the prime responsibility for. and coordinate with the Ministry of National Defense, the Ministry of

Public Security and concerned agencies in. prescribing the assurance of safety of the telecommunications infrastructure and informa­tion security in telecommunications activities.

Article 6. Assurance of information confidentiality

1. Organizations and individuals engaged in telecommunications activities shall protect state secrets under the law on protection of state secrets.

2. When sending, transmitting or storing information classified as state secrets through telecommunications networks, organizations and individuals shall encrypt such information under the law on cipher.

3. Private information transmitted through public telecommunications networks of all organizations and individuals shall be kept confidential. The control of information on telecommunications networks shall be performed by competent state agencies under law.

4. Telecommunications businesses may not disclose private information on telecommuni­cations service users, including name, address, caller number, call number, position of caller, position of call recipient, call duration and other private information provided by users upon entry into contracts with telecommunications businesses, except for the following cases:

a/Telecommunications service users agree to provide information:

b/ Telecommunications businesses agree in writing on exchange of provided information on telecommunications service users for calculation of charges, billing of invoices and prevention of acts of shirking contractual obligations;

c/The information disclosure is requested by competent state agencies under law.

Article 7. Information prioritized for transmission via telecommunications networks

1. Urgent information in service of national defense and security.

2. Urgent information in service of prevention and combat of natural disasters, search and rescue, salvage, fires and other disasters.

3. Urgent information in service of provision of first aid and prevention and combat of epidemics and diseases.

4. Other cases specified by the law on cases of emergency.

Article 8. National plan on telecommuni­cations development

1. National plan on telecommunications development is a master plan setting forth objectives, principles and orientations for development of telecommunications market, infrastructure, technologies and services and solutions thereto.

2. The elaboration of the national plan on telecommunications development shall adhere to the following principles:

a/ Being in line with the national socio­economic development strategy, planning and plans in each period; and compliant with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ Being consistent with the trend of telecommunications technology and service convergence; and facilitating the application of modem and advanced technologies;

c/ Ensuring effective and economical management, exploitation and use of telecommunications resources for proper put poses;

d/ Ensuring the sustainable and harmonious telecommunications development: narrowing down the telecommunications development gap between different regions and areas;

e/ Protecting the environment and assuring the safety of the telecommunications infrastructure and information security.

3. The Ministry of Information and Communications shall elaborate the national plan on telecommunications development and submit it to the Prime Minister for approval and organization of implementation of this plan.

Based on the national plan on telecommunications development, telecommunications businesses shall work out their own planning and plans.

Article 9. Responsibilities for state management of telecommunications

1. The Government performs the unified state management of telecommunications.

2. The Ministry of Information and Communications shall be answerable to the Government for unified state management of telecommunications, and has the following tasks and powers:

a/ To promulgate or propose to competent state agencies for promulgation legal documents, technical standards and regulations, econo-technical norms on telecommunications; national telecommunications development strategy and plan;

b/ To organize the implementation of legal documents on telecommunications, the national telecommunications development strategy and plan:

c/To manage and regulate the telecommuni­cations market; to manage the provision of telecommunications services and operations;

d/ To actively coordinate with the Ministry of Industry and Trade in managing competition in activities of building the telecommunications infrastructure and providing telecommunications services under the law on competition;

el To inspect, examine and settle disputes, complaints and denunciations and handle law violations in telecommunications activities:

f/ To train, retrain and develop human resources: to conduct scientific and technological research and application in telecommunications activities;

g/ To perform international cooperation in telecommunications.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Information and Communications in performing the state management of telecommunications.

4. People's Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of telecommunications in their localities.

Article 10. Specialized management agency in charge of telecommunications

The specialized management agency in charge of telecommunications is an agency under the Ministry of Information and Communi­cations, which shall assist the Ministry in performing the task of state management of telecommunications according to the assignment and decentralization by a competent state agency.

Article 11. Specialized telecommunications inspectorate

The specialized telecommunications inspectorate and its organizational structure shall be established and specified by the Ministry of Information and Communications under the law on inspection.

Article 12. Prohibited acts in telecommuni­cations activities

1. Taking advantage of telecommunications activities to act against the State of the Socialist Republic of Vietnam; causing harm to the national security and social order and safety; undermining the all-people great solidarity; propagating war of aggression: sowing haired and conflict among nations, ethnicities and religions: propagating and disparaging violence, debauchery, depraved lifestyle, crimes, social evils and superstitious practices; breaching the nation's fine customs and traditions.

2. Disclosing state secrets; military, security, economic, external secrets and other confidential information specified by law.

3. Stealthily retrieving, eavesdropping on or accessing without permission information on telecommunications networks; hacking and using without permission telecommunications resources, passwords, keywords and private information of other organizations and individuals.

4. Spreading information to distort, slander or bringing down the prestige of organizations or honor and dignity of individuals.

5. Advertising, propagating or trading in goods or services banned by law.

6. Illegally obstructing, disrupting or
undermining the establishment of the telecommunications infrastructure, the lawful provision
and use of telecommunications services.