Chương 5 Luật viễn thông năm 2009: Cấp giấy phép viễn thông

Chapter V

GRANT OF TELECOMMUNICATIONS LICENSES

Article 34. Telecommunications licenses

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

2. Licenses for provision of commercial telecommunications services include:

a/ License for establishment of telecommuni­cations networks which is valid for 15 years or less and granted to service providers with network infrastructure:

b/ License for provision of telecommunica­tions services which is valid for 10 years or less and granted to service providers without network infrastructure.

3. Licenses for telecommunications operations include:

a/ License for installation of undersea telecommunications cable lines which is valid for 25 years or less and granted to organizations that install undersea telecommunications cable lines ashore or across the internal waters, territorial seas, continental shelf or exclusive economic zones of Vietnam:

b/ License for establishment of exclusive-use telecommunications networks which is valid for 10 years and granted to organizations that establish exclusive-use telecommunications networks:

c/ License for testing of telecommunications networks and services which is valid for 1 year and granted organizations that test telecommunications networks and services.

4. The Government shall specify the competence, conditions and procedures for grant, modification, supplementation, extension and revocation of telecommunications licenses.

Article 35. Principles of grant of telecommunications licenses

1. Telecommunications licenses shall be granted the national telecommunications development strategy and plan.

2. Telecommunications licenses shall be granted first of all to projects which can be rapidly implemented in reality and involve commitments to provide long-term services to telecommunication service users: projects on provision on telecommunication services to deep-lying, remote and border areas, islands and areas with exceptionally difficult socio-economic conditions.

3. In case the grant of telecommunications licenses involves the use of the telecommuni­cations resources, these licenses shall be considered for grant only if the allocation of the telecommunications resources is feasible and in line with the approved plan and ensures the effective use of the telecommunications resources.

4. Organizations with telecommunications licenses shall take responsibility before law for the accuracy of their dossiers of application for telecommunications licenses and implementation of provisions of granted licenses and their commitments made with the licensing agency.

5. Organizations with telecommunications licenses shall pay the charge for the right to telecommunications operation and the fee for grant of telecommunications licenses under the law on charges and fees.

Article 36. Conditions on grant of licenses for commercial provision of telecommunications services

1. A business will be granted a license for provision of telecommunications services when fully satisfying the following conditions:

a/ Having a business registration certificate or certificate of investment in commercial provision of telecommunications services;

b/ Having sufficient financial capability, organizational structure and manpower suitable to size of projects;

c/ Working out technical plans and feasible business plans in line with the national telecommunications development strategy and plan, and in compliance with regulations on the telecommunications resources, connection, charge rates, technical standards and regulations, and quality of telecommunications networks and services;

d/ Taking measures to assure the safety of telecommunications infrastructure and information security.

2. A business will be granted a license for establishment of a public telecommunications network when fully satisfying the following conditions:

a/The conditions specified in Clause 1 of this Article;

b/ Have a legal capital and made a committed investment capital according to the Government's regulations.

Article 37. Conditions on grant of licenses for telecommunications operations

1. A Vietnamese or foreign organization will be granted a license for installation of undersea telecommunications cable lines when fully satisfying the following conditions:

a/Committing to complying with provisions of Vietnamese laws;

b/ Committing to refraining from causing pollution of the marine environment:

c/ Committing to refraining from performing activities other than survey, installation, maintenance and repair of telecommunications cable lines;

d/ Providing adequate, accurate and timely information related to cable lines to the specialized management agency in charge of telecommunications:

e/ Submit to the inspection, supervision and control by competent state agencies upon conducting survey, installation, maintenance or repair of cable lines in Vietnamese seas and bear all expenses for inspection, control or instruction activities.

2. An organization will be granted a license for establishment of an exclusive-use telecommunications network when fully satisfying the following conditions:

a/ Committing to establishing an exclusive-use telecommunications network only for the purpose of providing services for the network members and not for the purpose of commercial provision of telecommunications services;

b/ Working out technical and professional operation plans in line with the national telecommunications development plan and in compliance with regulations on the telecommuni­cations resources, connection, and technical standards and regulations:

c/ Devising measures to assure the safety of telecommunications infrastructure and information security.

3. An organization will be granted a license for testing of telecommunications networks and services when fully satisfying the following conditions:

a/ Services requested to be tested are telecom­munications services not indicated in the granted telecommunications license or telecommunica­tions services using the telecommunications resources other than that already allocated:

b/ Testing scope and scale is limited to evaluating the technology and market before official commencement of business operation:

c/Testing plan is compliance with regulations on telecommunications connection, charge rates, technical standards and regulations.

Article 38. Conditions on extension, modification, supplement or re-grant of telecommunications licenses

1. A telecommunications license will be extended when the following conditions are fully satisfied:

a/ The organization applying for license extension has been granted the license according to the provisions of the license and this Law:

b/ Total duration of initial grant and extension of the telecommunications license must not exceed the maximum validity duration prescribed for such type of license. In case the validity duration for the initial grant of a license is equal to the maximum validity duration prescribed for such type of license, when the license's validity duration expires, it may only be considered for extension of I year or less.

2. The grant of a new telecommunications license to an organization when a granted telecommunications license expires shall comply with Articles 35. 3b and 37 of this Law. Taking into accounting the implementation of provisions of the granted license and benefits of telecommunications service users.

3. The modification or supplementation of a telecommunications license within its validity duration made at the request of the licensed organization or of the Ministry of Information and Communications shall be in line with the telecommunications resources planning and in compliance with regulations on telecommunications connection, charge rates, technical standards and regulations.

Article 39. Revocation of telecommuni­cations licenses

1. An organization shall have its telecommunications license revoked if it falls into any of the following cases:

a/ The case specified in Clause 1. Article 12 of this Law:

b/ It has committed a fraudulent act or provided untruthful information to obtain a telecommunications license:

c/ It has operated at variance with the contents of the granted telecommunications license, causing serious consequences to legitimate rights and interests of other organizations and individuals:

d/ It has failed to implement in reality the contents of the granted telecommunications license for 2 years from the date of license grant;

e/ It has failed to notify the Ministry of Information and Communications of termination of provision of telecommunications services according to the granted telecommunications license for I whole year.

2. Organizations having their telecommunications licenses revoked in the cases specified at Points b. c. d and e. Clause I of this Article may apply for new telecommunications licenses one year after the date of license revocation if they have remedied consequences and satisfy all the conditions to be granted telecommunications licenses specified in this Law.

Article 40. Exemption from telecommunications licenses

Organizations and individuals engaged in telecommunications activities are not required to obtain telecommunications licenses in the following cases:

1. They trade in telecommunications commodities:

2. They provide telecommunications services as telecommunications service agents;

3. They rent transmission lines for provision of telecommunications application services:

4. They operate exclusive-use telecommuni­cations networks, except the cases specified at Points a, b. c and d. Clause 5. Article 24 of this Law.

Article 41. Charge for the right to telecommunications operation

1. Charge for the right to telecommunications operation is a sum of money payable by an organization to the .State to be entitled to establish a telecommunications network or provide telecommunications services. This charge shall be determined on the basis of scope and size of (he telecommunications network and telecommunications service turnover; volume and value of allocated telecommunications resources: level of use of space, ground surface, underground space, river bed and sea bed for establishing the telecommunications network or building telecommunications works and public telecommunications service points.

2. Organizations shall pay the charge for the right to telecommunications operation by any of the following modes:

a/ Annual payment of the charge pro rata according to turnover:

b/ Annual payment of the charge in a fixed amount:

c/ Lump-sum payment of the charge in a fixed amount for the whole validity duration of the license.

3. The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Information and Communications in. promulgating or proposing to competent state agencies for promulgation charge rates, collection, remittance, management and use of the charge for the right to telecommunications operation.