LAW 24/2023/QH15 (English – Tiếng Anh)

November 24, 2023
ON TELECOMMUNICATIONS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Telecommunications.

CHAPTER I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for telecommunications activities; rights and obligations of organizations and individuals engaged in telecommunications activities; and State-level governance of telecommunications activities.

Article 2. Subjects of application

This Law applies to Vietnamese 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 activities include investment in and commercial provision of basic telecommunications services and value-added telecommunications services, trade in telecommunications infrastructure; public-utility telecommunications; grant, extension, re-grant, modification, and revocation of telecommunications licenses; connection and sharing of telecommunications infrastructure; management of the telecommunications resources; management of technical and quality standards, regulations and telecommunications service prices; construction of telecommunications facilities.

3. Telecommunications equipment means technical equipment, including hardware, software, hardware embedded with software used for providing telecommunications services.

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

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

6. Telecommunications commodities mean telecommunications supplies and equipment that can be exchanged, bought, and sold on the market.

7. Telecommunications services include basic telecommunications services and value-added telecommunications services:

a) Basic telecommunications service means a service of sending, transmitting, and receiving information between two people or a group of users of telecommunications services, between terminal devices via a telecommunications network;

b) Value-added telecommunications service means a service that provides additional information processing, storage and retrieval functions for users through sending, transmitting and receiving information over the telecommunications networks.

8. Basic telecommunications services on the Internet means telecommunications services that provide the main functionality of sending, transmitting, and receiving information between two users or a group of users of telecommunications services on the Internet.

9. Data center service means a telecommunications service that provides information processing, storage and retrieval functions for users via telecommunications networks by leasing part or all of the data center.

10. Cloud computing means a model that allows flexible, demand-based use, adjustment, and management of shared computing resources including networks, servers, storage devices, and applications.

11. Cloud computing service means a telecommunications service that provides information processing, storage and retrieval functions for users via telecommunications networks through cloud computing.

12. Telecommunications application service means a service using telecommunications 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.

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

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

15. 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.

16. 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.

17. 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.

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

19. Endpoint node of a public telecommunications network means a point of physical connection in this telecommunications network in accordance with 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.

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

21. Telecommunications facilities mean construction works, including passive infrastructure and equipment installed therein in service of telecommunications.

22. Passive infrastructure means technical infrastructure facilities including buildings, stations, antenna towers, cable towers, culverts, tanks, cable pipes, trenches, technical tunnels and other relevant technical infrastructure facilities on which equipment in service of telecommunications are installed.

23. Data center means a telecommunications facility encompassing buildings, stations, cable systems, computer systems and electrical systems and auxiliary equipment installed therein to process, store and manage data of one or more organizations and individuals.

24. Telecommunications infrastructure means a combination of telecommunications networks and facilities

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

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

27. 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 and telecommunications application services.

28. Internet resources means an assortment of domain names, IP addresses, identification numbers of networks and other names and numbers under the management of Vietnam, including Internet resources of Vietnam and international Internet resources allocated by international organizations for organizations and individuals to use in Vietnam.

29. Telecommunications business means a business established under the Vietnamese law and permitted to provide telecommunications services in accordance with this Law. Telecommunications businesses include:

a) Service provider with network infrastructure means an business that establishes and owns public telecommunications networks and provides telecommunications services;

b) Service provider without network infrastructure means an business that provides telecommunications services but do not establish or own any public telecommunications network.

30. Telecommunications service agent means an organization or individual that signs a contract with a telecommunications business to provide telecommunications services to telecommunications service users.

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

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

33. 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 or services under a contract with another telecommunications business.

34. Subscriber Identity Module (hereinafter referred to as SIM) means an integrated circuit intended to contain telecommunications subscriber numbers and other relevant data and information used for providing and using telecommunications services.

35. Foreign organization means an organization established in a foreign country under foreign laws.

Article 4. State’s policies on telecommunications

1. Creating conditions for organizations and individuals of economic sectors to invest in telecommunications and conduct telecommunications business with a view to developing universal broadband telecommunications infrastructure, data centers, and cloud computing in a sustainable and up-to-date manner; establishing the digital infrastructure meeting requirements of digital society and economy development, contributing to 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 to develop infrastructure and provide telecommunications services to border and mountainous areas, highlands, coastlines, coastal areas and islands, and ethnic minority-inhabited areas, and areas with exceptionally difficult socio-economic conditions; clearly distinguishing public-utility telecommunications activities and telecommunications business.

4. Promoting the application of the Internet in the fields of public administration, education, training, health care, scientific research and others.

5. Studying and developing technologies, standards, and applications of next generation Internet, low-range satellites, and next generation telecommunications networks.

6. Investing in building and modernizing exclusive-use telecommunications networks in service of defense and security activities and operations of Party authorities and State authorities.

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

8. Enhancing international cooperation in telecommunications on the basis of respect for independence, sovereignty and territorial integrity, 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, cybersecurity, and information security

1. All authorities, organizations and individuals shall be responsible for assurance of safety of telecommunications infrastructure, cybersecurity, and information security. In the case where they detect acts of obstructing lawful construction, or sabotaging or damaging telecommunications infrastructure, the authorities, organizations and individuals are responsible for promptly notifying the nearest commune-level People’s Committees or police stations.

2. Telecommunications businesses, organizations that establish telecommunications networks, organizations and individuals that own passive infrastructure, telecommunications service agents and telecommunications service users are responsible for protecting telecommunications networks and terminal equipment.

3. In their activities, organizations and individuals may not cause harmful interferences or damage telecommunications equipment, works and networks or adversely affect lawful operations of the telecommunications infrastructure by other organizations and individuals.

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

5. The Ministry of National Defense, the Ministry of Public Security, the People’s Committees at all levels, and relevant authorities, within the scope of their duties and powers, are responsible for protecting the safety of telecommunications infrastructure and sanctioning acts of obstructing lawful construction, sabotaging and damaging telecommunications infrastructure.

6. Telecommunications businesses, upon the request of competent State authorities in accordance with the law, are responsible for urgently stopping the provision of telecommunications services in case of riots or abuse of telecommunications services to oppose the Socialist Republic of Vietnam or impose threats to national security.

7. Upon requests of competent State authorities in accordance with the Law on Telecommunications, telecommunications businesses shall provide telecommunications network access points and other necessary technical and professional conditions for these authorities to perform the task of controlling and assuring the information security.

8. The Government shall provide detailed regulations on assurance of telecommunications infrastructure safety and network 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 regulations 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 regulations on cipher.

3. Proprietary information of all organizations and individuals transmitted over public telecommunications networks must be held in confidence. The control of information on telecommunications networks shall be performed by competent State authorities in accordance with the law.

4. Telecommunications businesses are not allowed to disclose proprietary information related to telecommunications service users, including telecommunications subscriber information (name, address, telecommunications subscriber number and other proprietary information that a user provided when entering into a contract with the business) and information about the use of telecommunications services (sending telecommunications subscriber number, receiving telecommunications subscriber number, location of sending terminal, location of receiving terminal, sending and receiving time, communication length, IP address), unless:

a) Telecommunications service users agree to provide information in accordance with the law on personal data protection;

b) Telecommunications businesses agree in writing on exchange and provision of information on telecommunications subscribers and information on the use of telecommunications services by service users to serve the purpose of pricing and billing;

c) Telecommunications businesses provides information telecommunications subscribers who evade the obligation to pay for telecommunications services in accordance with regulations of the Minister of Information and Communications;

d) The information disclosure is requested by competent State authorities in accordance with the law.

Article 7. Information prioritized for transmission via telecommunications networks

1. Urgent information in service of national defense and security, and cipher work.

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

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

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

Article 8. National plan on telecommunications development

1. National plan on telecommunications development is incorporated into an information and telecommunications infrastructure development 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 socio-economic development strategy, national-level master plans and development plans of the country 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 modern and advanced technologies;

c) Ensuring effective and economical management, exploitation and use of telecommunications resources for proper purposes;

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

dd) Protecting the environment and assuring the safety of the telecommunications infrastructure and information security.

3. Based on information and communication infrastructure master plans, regional development master plans, provincial-level development master plans, technical master plans and relevant specialized master plans, telecommunications businesses shall formulate their own plans and master plans.

Article 9. Strictly prohibited acts in telecommunications activities

1. Abusing telecommunications activities to oppose the Socialist Republic of Vietnam; imposing threats to national security, social order and safety, prejudicing the interests of the State and the legitimate rights and interests of organizations and individuals.

2. Stealthily retrieving, eavesdropping on or accessing without permission information on telecommunications networks; hacking and using without permission telecommunications resources, passwords, keys and proprietary information of other organizations and individuals.

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

4. Establishing telecommunications infrastructure and providing telecommunications services without so permission in accordance with this Law.

5. Using equipment and software of sending, transmitting, and receiving information via telecommunications networks to commit law violations.

CHAPTER II. TELECOMMUNICATIONS BUSINESS

SECTION 1. TELECOMMUNICATIONS INVESTMENT AND BUSINESS

Article 10. Forms of telecommunications business

1. Telecommunications business includes:

a) The commercial provision of telecommunications services means investment in establishment of public telecommunications networks and provision of telecommunications services for the profit purpose;

b) The trading in telecommunications commodities means investment, manufacture, exchange, sale, purchase, or lease of telecommunications commodities for the profit purpose.

2. The commercial provision of telecommunications services shall comply with this Law and other relevant law regulations. The trading in telecommunications commodities shall comply with Articles 42 and 55 of this Law and other relevant law regulations.

Article 11. Ownership in the commercial provision of telecommunications services

1. The State maintains its capital contributions and shares thereto to ensure its control over operations of telecommunications service providers with network infrastructure which are particularly important to operation of the entire national telecommunications infrastructure and exert direct effects on socio-economic development and defense and security maintenance.

2. The Prime Minister promulgates the list of service providers with network infrastructure specified in Clause 1 of this Article.

3. The Government shall provide detailed regulations on the maximum capital contribution or share level which an organization or individual is allowed to hold in 02 or more other telecommunications businesses which all conduct business in the same telecommunications service market in order to assure fair competition.

Article 12. Investment in commercial provision of telecommunications services

1. Investment in commercial provision of telecommunications services in Vietnam shall comply with this Law and the law regulations on investment.

2. Conditions for foreign investors to access the telecommunications services market shall comply with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Offshore investment in the provision of telecommunications services shall be made in accordance with the law regulations on investment.

Article 13. Rights and obligations of telecommunications businesses

1. Service providers without network infrastructure have the following rights:

a) To build, install and own systems of telecommunications equipment and transmission lines within locations of their public service establishments and points for providing telecommunications services to users;

b) To hire transmission lines for inter-connection of their systems of telecommunications equipment and public service establishments and points and logging of these systems to public telecommunications networks of other telecommunications businesses;

c) To hire transmission lines or buy telecommunications flows and services of other telecommunications businesses for resale to telecommunications service users;

d) To sublease the telecommunications infrastructure that they have rented to other telecommunications businesses if the telecommunications infrastructure lessors so agree;

dd) To be distributed the telecommunications resources in accordance with this Law on management of telecommunications resources;

e) To research, develop and pilot new technologies and models in telecommunications activities;

g) Other rights as specified by the Law on Enterprises and other relevant law regulations;

2. Service providers without network infrastructure have the following obligations:

a) To contribute financially to the Vietnam Public-Utility Telecommunications Services Fund in accordance with the law;

b) To take responsibility for the quality of services in accordance with registered or announced standards; to ensure the correct, adequate and accurate calculation of service prices under telecommunications service provision and use contracts;

c) To submit to the control by competent State authorities and comply with regulations on assurance of safety of telecommunications infrastructure and information security;

d) To send regular or ad-hoc reports on their telecommunications activities in accordance with regulations of the Minister of Information and Communications; to take accountability for the accuracy and timeliness of the reports and reported data;

dd) To take measures to block connections, IP addresses, domain names and apply other blocking measures to telecommunications equipment systems, telecommunications services, telecommunications application services used to commit the acts specified in Clause 1, Article 9 of this Law upon written requests from competent State authorities in accordance with the law regulations;

e) To work out plans to ensure available technical connections for electronic reporting of data meeting the requirements of State-level governance on telecommunications in accordance with regulations of the Minister of Information and Communications;

g) To comply with requests from competent State authorities on expropriation of part or the whole telecommunications infrastructure and services in cases of emergency in accordance with the law regulations on national defense, national security and cases of emergency.

h) To ensure that telecommunications subscribers retain their telecommunications subscriber numbers when changing telecommunications service providers in the same type of telecommunications service;

i) To provide services to telecommunications service users whose telecommunications subscriber information is complete and matches the information on the identity documents presented when entering into contracts in accordance with the law;

k) To authenticate, store and use telecommunications subscriber information and deal with SIMs containing incomplete or inaccurate telecommunications subscriber information;

l) To prevent, counter and block messages and calls that violate the laws in accordance with Government’s regulations;

m) To halt the provision of telecommunications services to telecommunications subscribers who violate law regulations on telecommunications;

n) Other obligations as specified by the Law on Enterprises and other relevant law regulations;

3. Service providers with network infrastructure have the following rights:

a) The rights specified in Clause 1 of this Article;

b) To be allowed to preferentially use space, land, underground areas, river bottoms, seabed, and public land to construct telecommunications infrastructure under master plans, standards, technical regulations, and relevant law regulations.

c) To lease telecommunications infrastructure to other telecommunications businesses;

d) To participate in providing public-utility telecommunications services.

4. Service providers with network infrastructure have the following obligations:

a) The obligations specified in Clause 2 of this Article.

b) To lease passive infrastructure to other telecommunications businesses when such lease is compliant with the passive infrastructure master plans and economically and technically feasible;

c) To withdraw and dismantle telecommunications facilities under their ownership and management that are prone to danger and not safe to be further operated and used in accordance with law regulations on construction;

d) To bury underground and renovate telecommunications cables.

5. The Government shall detail Points h, k and m, Clause 2 and Point d, Clause 4 of this Article.

Article 14. Rights and obligations of telecommunications service agents

1. Telecommunications service agents have the following rights:

a) To set up systems of terminal equipment at places used for provision of telecommunications services to users as agreed in telecommunications service agency contracts;

b) To provide or resell telecommunications services under this Law;

c) To request telecommunications businesses entering into telecommunications service agency contracts to guide and supply information on telecommunications services;

d) To halt the provision of telecommunications services to telecommunications service users who violate law regulations on telecommunications;

dd) Make the business registration under the Commercial Law and other relevant law regulations;

2. Telecommunications service agents have the following obligations:

a) To comply with regulations on assurance of safety of telecommunications infrastructure and information security;

b) To provide telecommunications services of quality and service prices indicated in telecommunications service agency contracts.

c) To be subject to inspection and control of the implementation of telecommunications service agency contracts by the contracting telecommunications businesses;

d) To provide telecommunications services within time limits specified in the law regulations;

dd) Other obligations as specified by the Commercial Law and other relevant law regulations.

Article 15. Rights and obligations of telecommunications service users and telecommunications subscribers

1. Telecommunications service users have the following rights:

a) To select telecommunications businesses or telecommunications service agents for entry into telecommunications service provision and use contracts;

b) To request telecommunications businesses and telecommunications service agents to provide necessary information related to the use of or telecommunications services;

c) To use or telecommunications services of quality and service prices indicated in telecommunications service provision and use contracts;

d) To refuse using some or all telecommunications services under telecommunications service provision and use contracts;

dd) To have their proprietary information kept confidential in accordance with the law;

e) To complain about service prices and quality; to be refunded service prices or enjoy compensations for other direct damage caused by telecommunications businesses or telecommunications service agents;

2. Telecommunications service users have the following obligations:

a) To pay fully and on time the charges for use of telecommunications services;

b) To pay compensations for direct damage caused by them to telecommunications businesses or telecommunications service agents;

c) To take responsibility before law for information sent or stored by them on telecommunications networks;

d) To refrain from using their telecommunications infrastructure to commercially provide telecommunications services.

3. Telecommunications subscribers have the following rights:

a) The rights specified in Clause 1 of this Article;

b) To design and install or hire other organizations or individuals to design and install terminal equipment and intranets from their places of service use to the terminal point of the public telecommunications network;

4. Telecommunications subscribers have the following obligations:

a) The obligations specified in Clause 2 of this Article.

b) To comply with regulations on management of telecommunications resources and telecommunications technical standards and regulations;

c) To provide adequate and accurate their subscription details to telecommunications businesses upon entry into telecommunications service provision and use contracts;

d) To refrain from using information on their identity documents to enter into telecommunications service provision and use contracts on behalf of others, unless permitted in accordance with the law regulations on telecommunications;

dd) To take accountability to the law for the use of telecommunications subscriber numbers under contracts entered into with the telecommunications businesses;

e) To protect their passwords, keys and terminal equipment;

Article 16. Telecommunications wholesaling

1. Telecommunications wholesaling means a telecommunications business leasing its telecommunications network or selling its telecommunications traffic and services to another telecommunications business for the latter to provide telecommunications services.

2. Telecommunications wholesaling shall comply with the following regulations:

a) To ensure provision of services with fair, reasonable and non-discriminatory prices and relevant conditions;

b) To make public the service prices, technical and quality standards and regulations on telecommunications networks and services.

3. The Minister of Information and Communications shall provide detailed regulations on the telecommunications wholesaling.

Article 17. Telecommunications businesses and groups of telecommunications businesses that dominate the markets

1. The Government regulates criteria for determining the State-controlled telecommunications service markets and criteria for determining telecommunications businesses and groups of telecommunications businesses that dominate the State-controlled telecommunications service markets.

2. Pursuant to Clause 1 of this Article, the Minister of Information and Communications promulgates a list of State-controlled telecommunications service markets and a list of telecommunications businesses and groups of telecommunications that dominate the State-controlled telecommunications.

3. In addition to the obligations specified in Clauses 2 and 4, Article 13 of this Law, telecommunications businesses and groups of telecommunications businesses that dominate the markets must also comply with the following obligations for the telecommunications services markets dominated by such businesses or group of businesses:

a) To carry out telecommunications wholesaling upon request from other telecommunications businesses in accordance with Article 16 of this Law;

b) To perform cost accounting and determine the costs of production of telecommunications services provided by them;

c) To refrain from providing telecommunications services at prices lower than the costs of production, unless otherwise for promotional purposes in accordance with the law;

d) To formulate model agreements when conducting telecommunications wholesaling in accordance with regulations of the Minister of Information and Communications.

SECTION 2. ESTABLISHMENT OF TELECOMMUNICATIONS NETWORKS AND PROVISION OF TELECOMMUNICATIONS SERVICES

Article 18. Terminal equipment and intranets

1. The installation and connection of terminal equipment and intranets of telecommunications subscribers to the public telecommunications network shall comply with the regulations of this Law on management of telecommunications resources and standards and technical regulations.

2. The logging of terminal equipment and intranets of telecommunications subscribers onto the public telecommunications network shall be conducted by telecommunications businesses under telecommunications service provision and use contracts.

Article 19. Establishment of telecommunications networks

1. Telecommunications networks shall be built and developed under telecommunications strategies, planning, standards and technical regulations approved or promulgated by competent State authorities.

2. Organizations establishing telecommunications networks shall obtain licenses for provision of telecommunications services with network infrastructure as specified at Point a, Clause 2, Article 33 of this Law or licenses for establishment of telecommunications networks as specified at Points b and d, Clause 3 Article 33 of this Law.

3. The Prime Minister shall specify the establishment and operation of exclusive-use telecommunications networks in service of the Party agencies and the State authorities.

4. The Minister of National Defense and the Minister of Public Security shall prescribe the establishment and operation of exclusive-use telecommunications networks in service of national defense and security, and cipher work.

5. Unless otherwise specified in Clauses 3 and 4 of this Article, organizations establishing exclusive-use telecommunications networks in the following cases shall obtain licenses for establishment of exclusive-use telecommunications networks:

a) Exclusive-use telecommunications networks with wired transmission lines built by organizations;

b) Exclusive-use telecommunications networks of which members are Vietnamese or foreign organizations and individuals operating in Vietnam for the same purpose, with the identical operation characteristics and interrelated through their organization and operation charters or otherwise;

c) Radio telecommunications networks exclusively used by organizations that enjoy privileges and immunities reserved for diplomatic missions, consulates and representative authorities of international organizations in Vietnam;

d) Other exclusive-use telecommunications networks.

6. The Government shall provide detailed regulations on the establishment of telecommunications networks specified in Clauses 2 and 5 of this Article.

Article 20. Provision of telecommunications services

1. Telecommunications service providers shall obtain licenses for commercial provision of telecommunications services or register and notify their provision of telecommunications services, unless otherwise specified in Article 42 of this Law.

2. The provision of telecommunications application services shall comply with the provisions of this Law on connection and management of telecommunications resources, standards and technical regulations and other relevant law regulations.

3. Telecommunications services shall be directly provided to telecommunications service users under telecommunications service provision and use contracts between telecommunications businesses or telecommunications service agents and telecommunications service users.

4. Telecommunications businesses providing services to telecommunications service users shall register model contracts with general transaction conditions in accordance with the law regulations on protection of consumer rights.

5. Vietnamese telecommunications businesses shall provide offshore telecommunications services under Vietnamese laws, treaties to which the Socialist Republic of Vietnam is a contracting party and laws of countries or territories to which services are provided.

6. The Government shall provide detailed regulations on the classification of telecommunications services and provision of telecommunications services.

Article 21.  Provision of telecommunications services across the border to telecommunications service users in the Vietnamese territory

1. The provision of telecommunications services across the border to telecommunications service users in the Vietnamese territory shall comply with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. For the provision of telecommunications services in accordance with commitments in international treaties to which the Socialist Republic of Vietnam is a contracting party, foreign organizations providing cross-border telecommunications services in addition to complying the obligations included in the commitments must also satisfy the requirements of national defense, security, and public policy; comply with Clause 6, Article 5, Article 6, Points b and d, Clause 2, Article 13 of this Law and other law regulations on network information safety and cybersecurity.

3. Telecommunications businesses participating in commercial agreements with foreign organizations providing telecommunications services across the border to telecommunications service users in the Vietnamese territory must work out technical plans to ensure information security and urgently prevent and terminate the provision of telecommunications services upon the request of competent State authorities.

4. The Government shall detail Clause 2 and Clause 3 of this Article.

Article 22. Refusal to provide telecommunications services

1. Telecommunications businesses, telecommunications service agents may not refuse to enter into contracts with telecommunications service users, unless:

a) Telecommunications service users had earlier breached the telecommunications service provision and use contracts signed with the telecommunications businesses;

b) The provision of telecommunications services is not economically and technically feasible;

c) They agree in writing with other telecommunications businesses to refuse to provide post-paid telecommunications services to telecommunications service users who evade the obligation to pay for the use of services;

d) There are written requests of competent State authorities in accordance with the law.

2. Telecommunications businesses may not unilaterally terminate contracts with telecommunications service users, unless:

a) Telecommunications service users breach the signed telecommunications service provision and use contracts;

b) Telecommunications subscribers violate the law regulations on telecommunications. The Government shall detail this Point;

c) There are written requests of competent State authorities in accordance with the law.

Article 23. Termination of commercial provision of telecommunications services

1. Telecommunications businesses may only terminate commercial provision of telecommunications services if they meet all of the following conditions:

a) They work out plans to ensure the legitimate rights and interests of telecommunications service users under the signed telecommunications service provision and use contracts and of relevant parties;

b) They have already notified the Ministry of Information and Communications about the termination of commercial provision of telecommunications services.

2. Telecommunications businesses possessing essential devices, telecommunications businesses or groups of telecommunications businesses that dominate the State-controlled telecommunications service markets, providers of public-utility telecommunications services may only terminate their commercial provision of part or all of telecommunications services directly related to essential devices, market-dominant telecommunications services, and public-utility telecommunications services if the following conditions are met and the Ministry of Information and Communications approves in writing:

a) They work out plans to ensure the legitimate rights and interests of telecommunications service users under the signed telecommunications service provision and use contracts and of relevant parties;

b) In case of terminating commercial provision of telecommunications services without ceasing their operations, they must provide telecommunications service users with alternative telecommunications services and refer service users to other telecommunications businesses that offer the same telecommunications services or compensate service users under agreements;

c) In case of terminating commercial provision of services due to cease of operations, they must include measures to ensure continued provision of telecommunications services to users in their reorganization plans or bankruptcy or dissolution plans.

3. In case of terminating commercial provision of services upon requests of competent State authorities due to the businesses violating the law, the businesses must work out plans to ensure the legitimate rights and interests of telecommunications service users under the signed telecommunications service provision and use contracts and remedial plans, which all shall be reported in writing to the Ministry of Information and Communications.

4. The Government shall provide detailed regulations on conditions and procedures for partly or wholly termination of telecommunications service provision.

Article 24. Professional communication

1. Telecommunications businesses may use free of charge domestic and international communication via telecommunications networks they operate for their management, administration and technical and professional handling.

2. Telecommunications businesses shall specifically identify those eligible for, scope and level of use, and promulgate regulations on management of internal professional communication.

Article 25. Emergency telecommunications services

1. Emergency telecommunications service means a service of calling to emergency numbers of police, firefighters or ambulance services.

2. Emergency numbers shall be identified in the telecommunications number storage and the provision of emergency telecommunications services shall comply with regulations of the Minister of Information and Communications.

3. Telecommunications businesses shall:

a) Notify telecommunications service users of emergency numbers and publish them in public telephone directories;

b) Secure the accessibility of emergency numbers for telecommunications service users;

c) Provide emergency telecommunications services free of charge to telephone service users.

Article 26. Service of assistance for search for fixed telephone subscriber numbers

1. Public telephone directory means a collection of information on names, addresses, telecommunications subscriber numbers and other relevant information on fixed telephone subscribers and stored in the form of printed or electronic publications distributed or managed by telecommunications businesses.

2. Telecommunications businesses may only include subscriber information in the public telephone directories after receiving consent from such telecommunications service users.

3. The service of assistance for search for fixed telephone subscriber numbers means a service assisting telecommunication service users in searching fixed telephone subscriber numbers with public telephone directories.

4. Telecommunications businesses shall provide free of charge to users of fixed telephone services in the form of electronic telephone directory specified in Clause 1of this Article.

Article 27. Service of reporting on breakdown of telecommunications services

1. Service of reporting on breakdown of telecommunications services means a service that provides users with the ability to report abnormal operations of telecommunications services managed by businesses and request troubleshooting.

2. Telecommunications businesses shall assure the accessibility to and provide free of charge the service of reporting on breakdown of telecommunications services to telecommunications service users.

SECTION 3.  PROVIDISION OF BASIC TELECOMMUNICATIONS SERVICES ON THE INTERNET AND DATA CENTER SERVICES, CLOUD COMPUTING SERVICES

Article 28. Provision of basic telecommunications services on the Internet

1. Providers of basic telecommunications services on the Internet have the following rights:

a) To invest in and commercially provide basic telecommunications services on the Internet without limitation to the share ownership ratio, capital contribution ratio or contribution ratio with respect to foreign investors in business cooperation contracts;

b) The rights specified at Points a, b, dd, e and g, Clause 1, Article 13, Clause 3, Article 40, Clause 2, Article 62 of this Law.

2. Providers of basic telecommunications services on the Internet have the following obligations:

a) To register and notify the provision of telecommunications services in accordance with Article 41 of this Law;

b) To comply with Clauses 1, 2, 3, 4 and 6, Article 5, Article 6, Article 9, Points b, c, d, g, l and n, Clause 2, Article 13, Clauses 1, 3 and 4 Articles 20, Article 22, Clauses 1 and 3, Article 23, Clause 2, Article 40 of this Law;

c) To comply with Article 58, Clause 3, Article 59, Article 60, Clause 1 and Clause 3, Article 62 of this Law in case of providing chargeable services to users;

d) To store and manage information provided by service users when entering into telecommunications service provision and use contracts in accordance with Government’s regulations;

dd) In the case where features on the service users’ terminals should be accessed for the provision of services, the providers of basic telecommunications services on the Internet shall notify such users about the necessity and must obtain the users’ consent before accessing;

e) To publicly announce the quality of services they provide if they own network infrastructure or have agreements with telecommunications businesses owning network infrastructure; to publicly announce that the quality of the services they provide depends on the quality of the telecommunications network and telecommunications services managed and provided by other telecommunications businesses if they do not own the network infrastructure or have no agreement with the telecommunications businesses owning network infrastructure.

3. The Government shall provide detailed regulations on the rights and obligations of foreign providers of basic telecommunications services on the Internet across the border to service users in Vietnamese territory on the principle of respecting independence, sovereignty, and equality, ensuring safety, information security and common commitments in international treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 29. Provision and use of data center services and cloud computing services

1. Providers of data center services and cloud computing services have the following rights:

a) To invest in and commercially provide data center services and cloud computing services without limitation to the share ownership ratio, capital contribution ratio or contribution ratio with respect to foreign investors in business cooperation contracts;

b) The rights specified at Points a, b, dd, e and g, Clause 1, Article 13, Clause 3, Article 40, Clause 2, Article 62, Clause 2, Article 64 of this Law;

c) To be held harmless from the information content of service users while processing, storing and retrieving information, unless otherwise specified by law.

2. Providers of data center services and cloud computing services have the following obligations:

a) To register and notify the provision of telecommunications services in accordance with Article 41 of this Law;

b) To comply with law regulations on network information security, cybersecurity, personal data protection and other relevant law regulations;

c) To comply with Clauses 1, 2, 3, 4 and 6, Article 5, Article 6, Clause 3, Article 8, Article 9, Points b, c, d and n, Clause 2, Article 13, Clauses 1, 3 and 4 Article 20, Article 22, Clause 1 and Clause 3 Article 23, Clause 2 Article 40, Clause 3 Article 55, Article 58, Clause 3 Article 59, Article 60, Clause 1 and Clause 3 Article 62 of this Law;

d) To ensure that telecommunications businesses can connect and provide data center services to users;

dd) To refrain from accessing, exploiting, or using data of service users processed, stored, and retrieved through the businesses’ services without the users’ consent;

e) To promptly take necessary measures to prevent access to information upon requests of competent State authorities in accordance with the law;

g) To refrain from tracking or monitoring information of service users, unless requested by competent State authority in accordance with the law;

h) To store and manage information provided by service users when entering into telecommunications service provision and use contracts in accordance with Government’s regulations;

i) To publicly announce the quality of services provided by them.

3. Before putting a data center into use to commercially provide data center services or cloud computing services to the public, an business must publicly announce the data center’s conformity with the standards and technical regulations as specified by the Minister of Information and Communications.

4. The use of data center services and cloud computing services by businesses in the operations of industries and fields must comply with this Law and other relevant law regulations.

5. The Government shall provide detailed regulations on the following:

a) Rights and obligations of foreign providers of data center services and cloud computing services across the border to service users in Vietnamese territory on the principle of respecting independence, sovereignty, and equality, ensuring safety, information security and common commitments in international treaties to which the Socialist Republic of Vietnam is a contracting;

b) The provision and use of data center services and cloud computing services in the operations of State authorities.

CHAPTER III.  PUBLIC-UTILITY TELECOMMUNICATIONS

Article 30. Public-utility telecommunications activities

1. Public-utility telecommunications activities mean subsidized provision and use of public-utility telecommunications services and terminal equipment, thereby contributing to socio-economic development.

2. Public-utility telecommunications services include:

a) Universal telecommunications service means a telecommunications service provided to all people with the service categories, in the localities and regions, according to the conditions and quality, and at the prices specified by the State.

b) Mandatory telecommunications service means a telecommunications service provided upon requests of the State in order to assure information and communications in cases of emergency in accordance with the law.

3. Public-utility telecommunications activities shall be performed following the principles below:

a) Telecommunications services shall be universalized, especially in border and mountainous areas, highlands, coastlines, coastal areas and islands, and ethnic minority-inhabited areas, and areas with exceptionally difficult socio-economic conditions as well as areas where efficient commercial provision of services under the market mechanism is unlikely to be possible;

b) Equal and reasonable access to services shall be ensured for all citizens. Poor households, near-poor households, social policy beneficiary families and other special policy beneficiaries decided by the Prime Minister shall enjoy the preference of using public telecommunications services and terminal equipment.

4. Public-utility telecommunications activities shall be funded by the Vietnam Public-Utility Telecommunications Services Fund.

Article 31. The Vietnam Public-Utility Telecommunications Services Fund

1. The Vietnam Public-Utility Telecommunications Services Fund is an extra-budget State-run financial fund managed by the Ministry of Information and Communications to implement the State’s policies on public-utility telecommunications activities.

2. The Fund for Vietnamese Public-Utility Telecommunications Services is operated following the principles below:

a) It operates not for profit, transparently, for the right purpose, in accordance with this Law and other relevant law regulations;

b) Its revenues, expenditures, accounting, settlement, financial and asset disclosure shall comply with the law;

c) Revenue plans shall be balanced with expenditure tasks and disbursement progress for public-utility telecommunications activities;

d) The operations of the Vietnam Public-Utility Telecommunications Services Fund shall be subject to inspection, inspection and audit by competent State authorities.

3. The Fund for Vietnamese Public-Utility Telecommunications Services is used for the following purposes:

a) Subsidizing the provision of public telecommunications services to compensate for the costs of telecommunications businesses which develop, upgrade and maintain telecommunications infrastructure in border and mountainous areas, highlands, coastlines, coastal areas and islands, and ethnic minority-inhabited areas, and areas with exceptionally difficult socio-economic conditions as well as areas where efficient commercial provision of services under the market mechanism is unlikely to be possible; whereby ensuring the combined protection of border areas on land and sovereignty over seas and islands;

b) Subsidizing the use of public telecommunications services;

c) Subsidizing terminal equipment;

d) Covering the funding for management of public-utility telecommunications activities assigned to the Vietnam Public-Utility Telecommunications Services Fund;

dd) Covering the operating expenses of the Vietnam Public-Utility Telecommunications Services Fund.

4. The Fund for Vietnamese Public-Utility Telecommunications Services is raised from the following sources:

a) Contributions in proportion to turnover from telecommunications services of telecommunications businesses;

b) Lawful financial sources other than the State budget.

5. The Prime Minister shall decide to establish and regulate the organization, operations, funding sources, and utilization of funds to cover operating expenses for the Vietnam Public-Utility Telecommunications Services Fund.

Article 32. Management of public-utility telecommunications activities

1. Public-utility telecommunications activities shall be performed as follows:

a) Subsidies shall be provided to telecommunications businesses for offering public-utility telecommunications services through assigned tasks, orders, or successful bids.

b) Beneficiaries will receive support for accessing public telecommunications services either through telecommunications businesses assigned tasks or receiving orders, or through direct subsidies provided to the telecommunications service users;

c) Terminal equipment subsidies, whether in cash or in kind, shall be provided to beneficiaries either through telecommunications businesses assigned tasks or receiving orders, or directly to them.

2. The Government shall detail Clause 1 of this Article and the financial mechanism for implementing public-utility telecommunications activities, including maximum contribution levels, those whose contributions to the Public Telecommunications Service Fund benefit Vietnam are exempted or reduced; the management and use of the Vietnam Public-Utility Telecommunications Services Fund for public-utility telecommunications activities; the period of subsidized provision and use of public-utility telecommunications services thus ensuring the stability and continuity under public-utility telecommunications service programs.

3. The Prime Minister shall decide on the public-utility telecommunications service programs in accordance with the information and communication infrastructure master plans and the socio-economic development situation in each period, including the list of public-utility telecommunications services, localities, regions, beneficiaries, methods of implementing public-utility telecommunications activities, the level of contribution by telecommunications businesses to the Vietnam Public-Utility Telecommunications Services Fund and solutions to implement the programs. 

4. The Ministry of Information and Communications shall:

a) Assume the prime responsibility for and coordinate with the Ministry of Finance, the Ministry of Planning and Investment, relevant ministries, sectoral authorities and provincial-level People’s Committees in formulating public-utility telecommunications service programs and submitting them the Prime Minister for decision thereon;

b) Assume the prime responsibility for and coordinate with the Ministry of Finance, Ministry of Planning and Investment and relevant authorities in guiding the implementation of public telecommunications service programs;

c) Promulgate public-utility telecommunications service prices in accordance with Article 59 of this Law;

d) Organize, manage, and inspect the implementation of public-utility telecommunications activities.

5. Provincial-level People’s Committees shall:

a) Coordinate with the Ministry of Information and Communications to recommend areas to which subsidized public-utility telecommunications services are provided, a list of beneficiaries of subsidized public-utility telecommunications services and terminal equipment in the localities;

b) Organize the implementation of public-utility telecommunications services programs in accordance with assigned tasks;

c) Coordinate to inspect the implementation of public-utility telecommunications activities in their respective localities.

CHAPTET IV. TELECOMMUNICATIONS LICENSES

Article 33. 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 provision of telecommunications services with telecommunications infrastructure, which is valid for 15 years or less and granted to service providers with network infrastructure.

b) License for provision of telecommunications services without network infrastructure, 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 sea area of Vietnam;

b) License for establishment of exclusive-use telecommunications networks, which is valid for 10 years or less, and granted to organizations that establish exclusive-use telecommunications networks;

c) License for testing of telecommunications networks and services, which is valid for 02 years or less, and granted to telecommunications businesses that test telecommunications networks and services.

d) License for establishment of telecommunications networks, which is valid for no more than 10 years or less, and granted to the national radio stations and national television stations under the Government to perform the function of information and communication of the Party’s policies and guidelines, and the State’s policies and laws as well as non-profit activities.

4. The Minister of Information and Communications shall grant, extend, re-grant, amend, supplement and revoke telecommunications licenses and force the termination of provision of telecommunications services.

5. The Government shall provide detailed regulations on the conditions and procedures for granting, extending, re-granting, amending, supplementing and revoking various types of telecommunications licenses, and forcible termination of provision of telecommunications services.

Article 34. Principles of grant of telecommunications licenses

1. It shall be in line with information and communication infrastructure master plan.

2. Telecommunications licenses shall be granted first of all to projects which can be rapidly implemented and involve commitments to provide long-term services to telecommunication service users; projects on provision on telecommunication services to border and mountainous areas, highlands, coastlines, coastal areas and islands, and ethnic minority-inhabited areas, 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 granted only if the allocation of the telecommunications resources is feasible and in line with the approved radio frequency master plan, telecommunications number storages master plan, and Internet resources master plan, and ensures the effective use of the telecommunications resources.

Article 35. Forms of telecommunications licensing

1. Separate licensing is a form of telecommunications licensing by setting separate conditions and obligations for businesses, applicable to the following:

a) Licenses for provision of telecommunications services with network infrastructure using radio frequencies granted through auction or competition for the right to use radio frequencies or re-grant of licenses for use of radio frequencies;

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

2. Group licensing is a form of telecommunications licensing provided that the general conditions and obligations specified for organizations and businesses are satisfied, applicable to the following:

a) Licenses for provision of telecommunications services with network infrastructure, unless otherwise specified in Clause 1 of this Article;

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

c) Licenses for telecommunications operations.

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

1. Telecommunications licenses specified at Point a, Clause 1, Article 35 of this Law shall be granted to businesses when all the following conditions are met:

a) Obtaining business registration certificates or investment registration certificates;

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

c) Not undergoing dissolution or bankruptcy procedures under decisions of competent State authorities;

d) Devising technical plans and business plans aligning with the information and communications infrastructure master plans, the regulations of this Law on telecommunications resources, connections, service prices, standards, technical regulations, quality of telecommunications services, safety of telecommunications infrastructure, assurance of legitimate rights and interests of telecommunications service users and other relevant law regulations;

dd) Committing to deploying telecommunications networks for frequency bands and radio frequency channels granted in the form of auction or competition or for re-allocated frequency bands;

e) Winning the auctions or pass the exams for the right to use radio frequencies or are eligible to be re-granted licenses for use of radio frequencies.

2. Telecommunications licenses specified at Point a, Clause 2, Article 35 of this Law shall be granted to businesses when all the following conditions are met:

a) Those specified at Points a, b, c and d, Clause 1 of this Article;

b) The conditions to employ telecommunications networks in accordance with the Government’s regulations.

3. Telecommunications licenses specified at Point b, Clause 2, Article 35 of this Law shall be granted to businesses when all the conditions specified at Points a, c and d, Clause 1 of this Article are met.

Article 37. Telecommunications conditions when participating in auctions and competitions for the right to use radio frequencies

Businesses are considered satisfying the telecommunications conditions to participate in auctions and competitions for the right to use radio frequencies when they meet the conditions specified at Points a, b, c, d and dd, Clause 1 of Article 36 of this Law and have fulfilled their financial obligations regarding telecommunications in accordance with the law.

Article 38. Conditions on grant of licenses for telecommunications operations

1. Licenses for installation of telecommunications cables at sea shall be granted to Vietnamese and foreign organizations when the following conditions are met:

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, repair, and withdrawal of telecommunications cable lines;

d) Working on projects to install telecommunications cables at sea in accordance with information and communication infrastructure master plans, law regulations on national defense, security, environmental protection and other relevant law regulations;

dd) Committing to submitting to the inspection, supervision and control by competent State authorities upon conducting survey, installation, maintenance, repair or withdrawal of cable lines in Vietnamese seas and bear all expenses for inspection, control or instruction activities.

2. Licenses for establishment of exclusive-use telecommunications networks shall be granted organizations when the following conditions are met:

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

b) Working out technical and professional operation plans in line with the information and telecommunications infrastructure master plans and in compliance with regulations of this Law on the telecommunications resources, connection, and technical standards and regulations;

c) Devising measures to assure the safety of telecommunications infrastructure and cybersecurity.

3. Licenses for testing of telecommunications networks and services shall be granted to telecommunications businesses when the following conditions are met:

a) Services requested to be tested are telecommunications services not indicated in the granted telecommunications license or telecommunications services using the telecommunications resources out of the scope 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 law regulations on telecommunications connection, service prices, technical standards and regulations.

4. Licenses for establishment of telecommunications networks specified at Point d, Clause 3, Article 33 of this Law shall be granted to organizations when all the following conditions are met:

a) Committing to establishing an telecommunications network only for the purpose of providing non-profit services;

b) Devising technical plans aligning with the information and communication infrastructure master plans, the regulations of this Law on telecommunications resources, connections, standards, technical regulations, quality of telecommunications services, safety of telecommunications infrastructure, assurance of legitimate rights and interests of telecommunications service users and other relevant law regulations.

Article 39. Extension, re-grant, amendment and supplementation of telecommunications licenses

1. Before the telecommunications license expires, organizations and businesses holding such telecommunications licenses may request extension or re-grant of the telecommunications license. During the validity duration of the licenses, organizations and businesses granted such telecommunications licenses must carry out procedures to request amendments and supplements to the licenses when any detail of the licenses are changed.

2. The extension of telecommunications licenses shall be considered on the following principles:

a) Organizations and businesses comply with the provisions of the telecommunications licenses to be extended and the law regulations on telecommunications;

b) Total duration of initial grant and extensions 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 01 year or less. The Government shall provide detailed regulations on cases where a granted license can be extended if its validity duration is equal to the maximum validity duration.

3. A telecommunications license of an organization or business is extended when it satisfies the conditions specified in Articles 36 and 38 of this Law, taking into accounting the implementation of provisions of the granted license and benefits of telecommunications service users.

4. Telecommunications licenses may be amended or supplemented during their validity duration as follows:

a) Upon requests of the organization or business granted such licenses or upon requests of the Ministry of Information and Communications;

b) Based on the licensing conditions specified in Articles 36 and 38 of this Law for the respective detail of licenses to amended or supplemented.

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

1. An organization or business shall have the telecommunications license granted to it revoked if it falls into any of the following cases:

a) It committed any act specified in Clause 1, Article 9 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 and caused serious consequences to legitimate rights and interests of other organizations and individuals;

d) It fails to fully implement in practice the commitment to deploy telecommunications networks or fails to provide telecommunications services to the market after 02 years from the date the license is granted, unless in force majeure event or otherwise specified at Point g of this Clause;

dd) It terminates the provision of telecommunications services under the telecommunications license granted to it continuously in 01 year without notifying the Ministry of Information and Communications;

e) It voluntarily returns the license for commercial provision of telecommunications services;

g) It has all radio frequency resources granted under the license for commercial provision of telecommunications services specified at Point a, Clause 1, Article 35 of this Law revoked within 12 months from the date the right to use radio frequencies is revoked without amendment, supplementation or re-grant of the license for commercial provision of telecommunications services;

h) It fails to fully pay the fee for the right to operate telecommunications after 12 months from the due date specified by the law regulations on fees and charges in accordance with the notice of the authority that granted the telecommunications license to the organization or business.

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

a) It committed any act specified in Clause 1, Article 9 of this Law;

b) It falls into any of the cases specified at Point h Clause 1 of this Article;

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

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

3. After 01 year from the date of license revocation or forced termination, organizations and businesses falling into 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 applications for telecommunications licenses or registration and notification of provision of telecommunications services.

4. Organizations and businesses whose licenses are revoked in the case specified at Point a, Clause 1 of this Article or are forced to terminate the provision of their telecommunications services in the case specified at Point a, Clause 2 of this Article shall not be granted telecommunications licenses 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 businesses must declare their information and the type of telecommunications services provided and meet the conditions for providing telecommunications services in accordance with the Government’s regulations.

2. Notification of provision of telecommunications services means that businesses must declare their information and the type of telecommunications services provided, and information related to the quality of services that they provide.

3. The Government shall detail the list of telecommunications services subject to registration and notification of provision; conditions for providing telecommunications services subject to registration; 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 not required to obtain telecommunications licenses, nor to register or notify provision of telecommunications services 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. The exclusive-use telecommunications network whose members belong to the same organization and do not establish telecommunications transmission lines themselves.

Article 43. Charge for the right to telecommunications operation

1. Charge for the right to telecommunications operation is a sum of money payable by an organization or business engaged in telecommunications activities 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 the telecommunications network and telecommunications service turnover; volume and value of allocated telecommunications resources; level of use of space, ground surface, underground space, riverbed and seabed for establishing the telecommunications network or building telecommunications facilities.

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

a) Annual payment of the charge in a fixed amount;

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

CHAPTER V. CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE

Article 44. Principles for telecommunications connection

1. Telecommunications businesses may connect their telecommunications networks to telecommunications networks and services of other telecommunications businesses and shall let other telecommunications businesses be connected to their telecommunications networks and services.

2. The connection of telecommunications networks and services shall be conducted on the following principles:

a) Connection is based on negotiations to ensure equality, rationality and guarantee for rights and interests of involved parties;

b) Efficient use of telecommunications resources and infrastructure;

c) Satisfaction of technical requirements of the telecommunications connection and safety and uniformity of telecommunications networks;

d) Assurance of legitimate rights and interests of telecommunications service users and relevant organizations and individuals.

Article 45. Connection to public telecommunications networks

1. When connecting to public telecommunications networks, service providers with network infrastructure shall:

a) Provide connection at any point which is technically feasible on their public telecommunications networks;

b) Ensure timely, rational, public and transparent connection;

c) Refrain from practicing the discriminatory treatment in terms of service prices, telecommunications technical standards and regulations, telecommunications network and service quality.

2. When connecting to public telecommunications networks, telecommunications businesses possessing essential devices shall:

a) Create favorable conditions for negotiation on and performance of connection by other telecommunications businesses;

b) Establish, register with the State regulatory authorities in charge of telecommunications, and publicize model connection agreements;

c) Comply with Clause 1 of this Article.

3. Telecommunications connection service prices shall be set on the basis of price setting factors, rationally divided to network components or service stages, regardless of service types.

4. The Minister of Information and Communications shall specify criteria for determining and announcing the list of telecommunications businesses possessing essential devices from time to time; specify the connection of public telecommunications networks, negotiation and resolution of connection disputes among telecommunications businesses.

Article 46. Connection of exclusive-use telecommunications networks

1. Exclusive-use telecommunications networks may connect to public telecommunications networks if satisfying technical standards and regulations of these public telecommunications networks and complying with regulations of this Law on connection to public telecommunications networks.

2. The connection between exclusive-use and public telecommunications networks shall be conducted under written connection contracts between telecommunications businesses and organizations having exclusive-use telecommunications networks.

3. Exclusive-use telecommunications networks may not be directly interconnected unless they obtain a written approval of the Ministry of Information and Communications.

Article 47. Sharing of telecommunications infrastructure

1. Sharing of telecommunications infrastructure mean the common use of a portion of telecommunications networks, facilities, and equipment in the following cases:

a) Telecommunications businesses share telecommunications infrastructure with each other to facilitate the establishment of telecommunications networks and the effective, convenient, and rapid provision of telecommunications services or to ensure the compliance with landscape and environmental protection requirements, as well as alignment with relevant master plans; to serve public-utility telecommunications activities, search and rescue operations, salvage missions, and the prevention and control of natural disasters, fires, and other calamities, as well as efforts to combat epidemics and diseases;

b) Telecommunications businesses share telecommunications infrastructure with authorities and organizations directly responsible for national defense and security to ensure the fulfillment of requirements for national defense and security tasks, as well as search and rescue operations, salvage missions, and the prevention and control of natural disasters, fires, other disasters, and efforts to combat epidemics and diseases.

2. The sharing of telecommunications infrastructure shall be effected under contracts on the basis of guaranteeing legitimate rights and interests of stakeholders.

3. In case the stakeholders cannot agree on the price of shared telecommunications infrastructure, negotiation shall be carried out in accordance with the law regulations on prices.

In case the stakeholders cannot agree on other aspects of sharing of telecommunications infrastructure, the competent State authorities will decide.

4. The Government shall provide detailed regulations on the sharing of telecommunications infrastructure.

CHAPTER VI. TELECOMMUNICATION RESOURCE

Article 48. Management of the telecommunications resources

1. The management of the 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; settlement of disputes over registration and use of the Vietnamese national “.vn” domain names.

2. The management of radio frequencies and satellite orbit in telecommunications activities shall comply with regulations of this Law and the law regulations on radio frequencies.

3. The management of the telecommunications resources shall adhere to the following principles:

a) It shall be in line with information and communication infrastructure master plans;

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

c) Guaranteeing the fairness, publicity and transparency of the distribution and allocation of the telecommunications resources;

d) Ensuring the efficient, economical and proper use of the telecommunications resources;

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

4. The Government shall provide detailed regulations on the management of telecommunications number storage and Internet resources; compensation when the State recovers telecommunications codes and numbers, and Internet resources; operating conditions, rights and obligations of organizations and businesses providing domain name registration and maintenance services.

Article 49. Planning of telecommunications number storages and Internet resources

1. The planning of telecommunications number storages and Internet resources shall adhere to the following principles:

a) It shall be in line with information and communication infrastructure master plans;

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

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

d) Ensuring the efficient, economical and proper use of telecommunications number storages and Internet resources;

dd) Ensuring telecommunications number storages and Internet resources for public interests, national defense and security maintenance;

e) Being compliant with regulations on telecommunications number storages and Internet resources of international organizations of which the Socialist Republic of Vietnam is a member;

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

 2. The Minister of Information and Communications shall specify the details of the master plans and the process of approval of telecommunications number storage master plans, Internet resource master plans, and approve such master plans.

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 in line with the telecommunications number storage master plans and Internet resource master plans;

b) Ensuring the fairness, publicity and transparency of the distribution and allocation of telecommunications codes and numbers and Internet resources;

c) Ensuring the efficient, economic and proper use of the distributed or allocated telecommunications codes and numbers and Internet resources;

d) Prioritizing the allocation and distribution of telecommunications codes, numbers, and Internet resources of Vietnam to provide telecommunications services and telecommunications application services in border and mountainous areas, highlands, coastlines, coastal areas and islands, ethnic minority-inhabited areas, and areas with exceptionally difficult socio-economic conditions; serve public-utility telecommunications activities and other activities for public interests;

dd) Prioritizing 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 through one of the following methods:

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 call answering 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. Which organizations or businesses register for direct allocation first will be considered for allocation first.

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

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

b) Vietnamese national “.vn” domain names, other than domain names of which the right to use is obtained through auctions as specified at Point a of this Clause; IP address, identification numbers of networks shall be directly distributed to organizations and individuals in order to use the services. Which organizations or businesses register for direct distribution first will be considered for distribution first;

c) Which businesses register first for direct allocation of IP addresses and identification numbers of networks in order to provide telecommunications serviceswill be considered for allocation first.

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, allowing organizations and individuals to choose the codes and numbers they wish to bid for;

b) In the 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, the allocation will follow a sequential and direct process for requesting organizations and businesses 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 gross domestic product (GDP) per capita at the price of the year immediately preceding the auction as announced by the General Statistics Office of Vietnam, calculated for 01 day;

d) The starting price for the auction of H2H mobile network codes, short message service numbers, and call answering service numbers shall be equal to the 1-year usage fees of such codes and numbers. In the case where the auction of H2H mobile network codes, short message service numbers, call answering service numbers not mentioned at Point a of this Clause is requested by organizations or businesses, the starting price for such auction is equal to 5-year usage fees of 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 subscriber numbers won in the auctions;

e) H2H mobile network codes, H2H mobile subscriber numbers, short message service numbers, call answering service numbers after 02 unsuccessful auctions will be allocated directly to organizations and businesses in accordance with Point b, Clause 2 of this Article. Organizations and businesses shall be responsible for paying use right fees equal to the 1-year usage fees of 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 the Vietnamese national “.vn” domain names shall be carried out as follows:

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

b) The Ministry of Information and Communications shall approve the results of auctions of the right to use the Vietnamese national “.vn” domain names. Organizations and individuals shall be responsible for carrying out registration procedures to use the domain names won in the auctions;

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

6. Forms, methods, sequence, and procedures for auction of telecommunications codes and numbers, and Vietnamese national “.vn” domain names shall comply with the law regulations on asset auctions.

7. Requests for registration and maintenance of Vietnamese national “.vn” domain names from organizations and individuals shall be received and processed via organizations and businesses involved in the provision of the domain name registration and maintenance services.

8. Telecommunications businesses, when their telecommunications licenses expire and are re-granted or extended, may continue utilize and use the telecommunications codes and numbers that have been allocated in accordance with the regulations off this Law on management and use of telecommunications number storage.

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

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

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

c) Report to the Ministry of Information and Communications, on a periodical basis or at the latter’s request, on actual use of telecommunications codes and numbers and Internet resources distributed or allocated to them;

d) Pay fees for the use of telecommunication codes and numbers, fees for the maintenance of Internet resources, fees for the allocation of telecommunications number storages, as well as fees for the allocation and distribution of Internet resources. 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 number storages and Internet resources shall return them to the authority managing telecommunications number storages and the managers of Internet resources.

10. The Government shall detail Clause 4 and Clause 5 of this Clause.

Article 51. Transfer of rights to use telecommunications codes and numbers, Internet resources of Vietnam

1. Telecommunications codes and numbers and Vietnam’s Internet resources whose use rights may be transferred include:

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

b) Vietnamese national “.vn” domain names, other than protected domain names and shared domain names specified 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 with temporarily suspended use.

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 right to use telecommunications codes and numbers and Internet resources of Vietnam must have such lawful right;

b) Organizations and individuals that are transferred the right to use telecommunications codes and numbers and Internet resources of Vietnam must be licensed for operation or qualified for investment in, exploitation and use of these telecommunications codes and numbers and Internet resources;

3. Parties 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 the law regulations on taxes, fees, and charges;

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

Article 52. Resolution of disputes over registration and use of the Vietnamese national “.vn” domain names 

1. Disputes over the registration and use of the Vietnamese national “.vn” domain names shall be resolved through conciliation, arbitration, and in court in accordance with the law.

2. Resolution of disputes over registration and use of the Vietnamese national “.vn” domain names shall be based on the following factors:

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

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

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

3. The plaintiff, when requesting to resolve a dispute over the registration and use of the Vietnamese national “.vn” domain names, must provide evidence to prove the factors specified in Clause 2 of this Article.

4. The Government shall detail Clause 2 of this Clause.

Article 53. Recovery of telecommunications codes and numbers and Internet resources

1. Recovery of telecommunications codes and numbers and Internet resources means that a competent State authority decides to recover the right 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 recovered in the following cases:

a) The telecommunications codes and numbers and Internet resources of Vietnam are recovered for use for public interests, national defense and security maintenance;

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

c) The fees for allocation of telecommunications number storages, usage fees for telecommunication codes and numbers were not paid in full and are not paid in full within 06 months from the due date specified in the law regulations on fees and charges in accordance with the notice of the authority in charge of State-level governance of telecommunications;

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

dd) Upon requests of competent State authorities when telecommunications codes and numbers, and Internet resources are used to commit acts specified in Article 9 of this Law or other law violations.

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

4. The State shall pay compensations to organizations and individuals that have telecommunications codes and numbers and Internet resources recovered under Points a and b, Clause 2 of this Article in accordance with the following regulations:

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

b) For telecommunication codes and numbers, and Internet resources allocated and distributed through auction of usage rights, the compensation shall be equal to the winning bid.

CHAPTER VII. MANAGEMENT OF TELECOMMUNICATIONS STANDARDS, TECHNICAL REGULATIONS, QUALITY AND SERVICE PRICES

Article 54. Telecommunications standards and technical regulations

1. The system of telecommunications standards include international standards, regional standards, foreign standards, national standards and institutional standards on telecommunications equipment, connection, works, network and service quality which are announced and applied in Vietnam under the law regulations on standards, technical regulations, quality of products and goods.

2. The system of telecommunications technical regulations include national technical regulations on telecommunications equipment, connection, works, network and service quality which are elaborated and promulgated under the law regulations on standards, technical regulations, quality of products and goods.

Article 55. Management of telecommunications standards and technical regulations, telecommunications network and service quality

1. Before marketing or connecting terminal equipment on the list of telecommunications equipment likely to become unsafe to public telecommunications networks, organizations and individuals shall obtain standard conformity certification, announce standard conformity and use standard conformity seals.

2. Before putting into operation network equipment on the list of telecommunications equipment subject to compulsory inspection, telecommunications businesses shall conduct the inspection.

3. Telecommunications businesses shall announce, inspect and control the quality of telecommunications networks and services on the list of telecommunications networks and services subject to quality management.

4. The mutual recognition of results of the assessment of telecommunications standards and technical regulation conformity between Vietnam and other countries or territories shall comply with international treaties to which the Socialist Republic of Vietnam is a contracting party; or between the Vietnamese conformity assessment organization and conformity assessment organizations of other countries or territories shall comply with their agreements.

5. National telecommunications standards shall be formulated, appraised and published in accordance with the law regulations on standards and technical regulations.

6. The Ministry of Information and Communications shall:

a) Promulgate national technical regulations on telecommunications and regulations on assessment of conformity with technical regulations on telecommunications equipment, telecommunications network and service quality;

b) Set out regulations on quality management of telecommunications networks and services;

c) Promulgate the list of telecommunications equipment likely to become unsafe, the list of telecommunications equipment subject to compulsory inspection and the list of telecommunications networks and services subject to quality management;

d) Designate and manage the activities of conformity assessment bodies meeting requirements for State-level governance of the quality of telecommunications products and commodities, telecommunications networks and telecommunications services.

7. The authority in charge of State-level governance of telecommunications and the specialized telecommunications authorities under the provincial-level People’s Committees shall inspect and check the quality of telecommunications equipment, networks, services, telecommunications products and commodities within their ambit in accordance with regulations of the line ministries.

Article 56. Prices of telecommunications services

1. Telecommunications service prices include telecommunications service prices applicable to telecommunications service users and business-to-business service prices.

2. Telecommunications service prices applicable to telecommunications service users are those to be paid by telecommunications service users to telecommunications businesses when using telecommunications services provided by the latter.

3. Service prices among telecommunications businesses include:

a) Wholesale service price, which means the price paid by one telecommunications business that purchases traffic, telecommunications services or leases telecommunications networks from other business(es) in order to provide telecommunications services;

b) Telecommunications connection service price, which means the price paid by one telecommunications business that uses another business’s network to connect telecommunications services.

Article 57. Principles for management and regulation of telecommunications service prices

1. Ensuring compensation for the costs of producing and commercially providing telecommunications services and the affordability of telecommunications service users for services on the List of goods and services which must be priced by the State.

2. Harmonize the interests of the State, the legitimate rights and interests of telecommunications businesses and telecommunications service users.

3. Reviewing price setting factors in order to adjust the telecommunications service prices in case of necessity. The adjustment of telecommunications service prices must be consistent with the bases specified in Article 58 of this Law.

4. Respecting the right of telecommunications businesses to self-pricing of and the competition in telecommunications service prices.

5. Being in line with international treaties to which the Socialist Republic of Vietnam is a contracting party.

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

7. Ensuring equality and non-discrimination in the management and regulation of telecommunications service prices.

8. Not taking profits from the provision of one telecommunications service to support the provision of other telecommunications service(s) of the same business.

Article 58. Grounds for setting telecommunications service prices

Telecommunications service prices shall be determined on the following grounds:

1. Factors setting telecommunications service prices at the time of pricing;

2. The supply – demand relationship of telecommunications services.

Article 59. Management of telecommunications service prices

1. The Ministry of Information and Communications shall:

a) Direct and guide the implementation of regulations on reporting, accounting and audit in service of management of telecommunications service prices;

b) Organize the declaration and public announcement of telecommunications service prices in accordance with the law regulations on pricing;

c) Actively coordinate with the Ministry of Industry and Trade to manage competition in the telecommunications sector in accordance with the law regulations on competition; coordinate in managing promotional activities in providing telecommunications services;

d) Control or terminate the application of telecommunications service prices when telecommunications businesses impose, increase or decrease the telecommunications service prices unreasonably, thereby causing telecommunications market instability and harming the legitimate rights and interests of telecommunications service users, other telecommunications businesses and the State.  

2. The Minister of Information and Communications shall:

a) Set out regulations on management of telecommunications service prices;

b) Assume the prime responsibility for and coordinate with the Ministry of Finance in promulgating regulations on telecommunications service pricing methods;

c) Decide on the prices for telecommunications services on the list of commodities and services which must be priced by the State;

3. Telecommunications businesses have the following rights and obligations:

a) Decide on the prices for telecommunications services they provide, except telecommunications services on the list of commodities and services which must be priced by the State;

b) Submit to the Ministry of Information and Communications the plans on State-specified telecommunications service prices;

c) Implement telecommunications service pricing methods and regulations on telecommunications service price management in accordance with regulations of the Minister of Information and Communications;

d) Perform cost accounting and determine the costs of production of telecommunications services properly;

dd) Make reports on and conduct accounting and audit in service of management of telecommunications service prices;

e) To declare and publicly announce telecommunications service prices in accordance with the law regulations on pricing;

g) Refrain from imposing, increasing or decreasing the telecommunications service prices unreasonably, thereby causing market instability and harming legitimate rights and interests of telecommunications service users, other telecommunications businesses and the State.

Article 60. Billing and payment of telecommunications service charges

1. Telecommunications businesses shall issue invoices for telecommunications service charges in an accurate, full and timely manner for telecommunications service users that pay charges after using services. Telecommunications service users shall pay fully and on time the charges for telecommunications services provided by telecommunications businesses according to these invoices.

2. Telecommunications businesses shall accurately withhold the charges payable by telecommunications service users at the prices specified for prepaid telecommunications services.

3. An invoice for telecommunications service charges must be issued in compliance with the law regulations and fully, accurately and clearly show the following details:

a) Unit price and charge payable for each type of telecommunications service;

b) Total payable amount;

c) Value-added tax (if any).

4. Telecommunications businesses shall be responsible for providing technical measures to support users and competent State authorities in querying real-time information about the deduction of fees for using telecommunications services, with priority given to the online measures. In the case of issuing monthly invoices for telecommunications services under contracts, telecommunications businesses shall be responsible for providing, either directly or by hiring another organization, the details about service usage fees for telecommunications services free of charge and for a one-time request by users.

Article 61. Management of prepaid mobile telecommunications service cards and mobile SIM accounts.

1. Prepaid mobile telecommunications service card means a card issued by a telecommunications business for users to deposit into such telecommunications business’s own mobile SIM account.

2. Mobile SIM account means an account that reflects the value charged by a telecommunications service user using a prepaid mobile telecommunications service card or other lawful payment methods (excluding promotions), which is recorded in the billing system of the telecommunications business and is associated with a mobile telecommunications subscriber.

3. Mobile SIM accounts are used to pay for mobile telecommunications services and content services on mobile telecommunications networks in accordance with the law.

4. The Government shall provide detailed regulations on the management of prepaid mobile telecommunications service cards and mobile SIM accounts.

Article 62. Refund of usage fees for telecommunications services and compensation for damages

1. Telecommunications businesses that provide telecommunications services not within the time limit and of quality indicated in contracts with telecommunications service users shall refund part or whole of collected telecommunications service charges.

2. Telecommunications businesses are not required to pay compensations for indirect damage or profits not earned as a result of the provision of telecommunications services beyond the said time limit or of inferior quality.

3. In the provision and use of telecommunications services, parties to telecommunications service provision and use contracts shall pay compensations for direct material damage caused by their fault to other parties, unless in case of force majeure.

CHAPTER VIII. TELECOMMUNICATIONS FACILITIES

Article 63. Passive infrastructure master plans

1. Local passive infrastructure master plan means a technical, specialized master plan that specifies the provincial-level master plan and aligns with the information and communications infrastructure master plan.

2. Construction development plans of urban areas, residential areas, functional areas, and industrial clusters specified in the Law on Construction and relevant law regulations must be consistent and align with passive infrastructure master plans, thereby facilitating the establishment of telecommunications infrastructure as well as provision and use of telecommunications services.

 3. The Government shall provide detailed regulations on the planning, preparation, appraisal, approval, publication, information disclosure, implementation, evaluation and adjustment of local passive infrastructure master plans.

Article 64. Land used for telecommunications facilities

1. Pursuant to the national information and communications infrastructure master plans, passive infrastructure master plans as well as land use plans and master plans approved by competent State authorities, the competent People’s Committees grants shall allocate or lease land to build telecommunications facilities in their respective localities.

2. People’s Committees at all levels shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with investors of telecommunications facilities in, ground clearance, payment of compensations for land and asset damages, and protection of land areas for their projects as specified in Clause 1 of this Article and other relevant law regulations.

Article 65. Designing, construction, and installation of telecommunications facilities

1. The design, construction, and installation of telecommunications facilities must be consistent with the passive infrastructure master plans and comply with technical regulations on construction, technical regulations on telecommunications and other relevant law regulations.

2. Technical infrastructure systems including traffic facilities, utility poles, power lines, water supply and drainage pipes, public lighting and other technical infrastructure facilities must be designed and constructed in conformity with the relevant technical regulations to ensure the installation and protection of transmission lines and telecommunications facilities.

Passive infrastructure is an essential component when designing the fundamental technical infrastructure system in accordance with relevant technical regulations.

 Owners of technical infrastructure construction projects shall be responsible for sending information about their technical infrastructure construction projects to the authority in charge of State-level governance of telecommunications or the professional authorities in charge of telecommunications under the provincial-level People’s Committees for them to so notify telecommunications businesses to register for common use of their technical infrastructure.

3. Telecommunications facilities constructed and installed in workplaces, public service facilities, land and assets of the armed forces, and infrastructure assets used for national and public interests, as specified in the Law on Management and Use of Public Assets, must adhere to the following principles:

a) Complying with Clause 1 of this Article;

b) Not affecting the operations of authorities, organizations or units assigned to manage and use public assets, or the utility of public assets where telecommunications facilities are installed;

c) Ensuring technical feasibility; ensuring landscape beauty, environmental protection, safety and security.

4. Telecommunications facilities shall be built and installed on a public asset under an agreement between the business installing telecommunications facilities and the authority, organization, or unit assigned to manage and use such public asset provided that the principles specified in Clause 3 of this Article are ensured. The proceeds from the agreements to install telecommunications facilities on public assets shall be managed and used in accordance with the law regulations on management and use of public assets.

5. Businesses installing telecommunications facilities shall be responsible for preserving and maintaining such telecommunications facilities.

6. Investors in construction of apartment buildings, public facilities, functional areas, and industrial clusters specified in the law regulations on housing and construction have the following obligations:

a) To work out design plans for constructing passive infrastructure in accordance with technical regulations, ensuring consistency and alignment among construction investments as well as convenience for the establishment of telecommunications infrastructure and the provision and use of telecommunications services;

b) To design and install, or organize the design and installation of, telecommunications cable networks in apartment buildings and public facilities when constructing such apartment buildings and public facilities;

c) To arrange sites for installing antenna masts on building roofs and mobile transceiver systems in apartment buildings and public facilities if technically feasible;

d) To arrange sites for constructing passive infrastructure and installing telecommunications equipment in functional areas and industrial clusters.

7. The design, construction, management, and use of passive infrastructure, telecommunications cable networks, mobile transceiver systems in apartment buildings, public facilities, functional areas, and industrial clusters must enable at least 02 telecommunications businesses to provide services to users.

8. Organizations that manage and operate apartment buildings, public works, functional areas, and industrial clusters shall be responsible for facilitating the construction, installation, use, renovation, and repair of passive infrastructure, mobile transceiver systems, telecommunications cable networks in their respective apartment buildings, public buildings, functional areas, and industrial clusters.

9. Before constructing passive infrastructure, organizations and individuals must notify the professional authorities in charge of telecommunications under the provincial-level People’s Committees.

10. The Government shall detail this Article.

Article 66. Common use of the technical facilities system

1. The common use of traffic, energy supply, public lighting, water supply, wastewater collection and treatment, telecommunications technical facilities and other technical infrastructure works must ensure effectiveness and thrift, protect the landscape and environment, and be in line with the urban master plans and other relevant master plans decided or approved by competent authorities.

2. The common use of technical infrastructure system shall comply with the Government’s regulations.

Article 67. Management of telecommunications facilities

1. The Ministry of Information and Communications shall:

a) Gide the common use of inactive telecommunications technical infrastructure by telecommunications businesses.

b) Assume the prime responsibility and coordinate with the Ministry of Finance and the Ministry of Construction in providing detailed regulations on the mechanism and principles of price control, methods of determining rental prices of cable networks in buildings, and rental prices of passive infrastructure among telecommunications businesses, organizations and individuals that own telecommunications facilities.

2. Provincial-level People’s Committees shall:

a) Approve, announce, guide, monitor and inspect the implementation of passive infrastructure master plans;

b) Organize the common use of technical infrastructure among the sectors of telecommunications, electricity, transport, water supply and drainage and other sectors in their localities.

3. Organizations and individuals shall comply with regulations on planning, designing, construction and common use of traffic, construction, energy supply, public lighting, water supply and drainage and telecommunications technical infrastructure and technical infrastructure works.

CHAPTER IX. STATE-LEVEL GOVERNANCE OF TELECOMMUNICATIONS

Article 68. State-level governance of telecommunications

1. To formulate, promulgate, and organize the implementation of telecommunications development strategies, master plans, and policies, and legal documents on telecommunications; regulations on mechanisms for controlled testing of new technologies and new models in telecommunications activities; national standards, technical regulations, technical requirements, economic and technical norms on telecommunications.

2. To manage and regulate the telecommunications market; to manage the provision of telecommunications services and operations;

3. To disseminate and educate about the law regulations on telecommunications.

4. To train, retrain and develop human resources; to conduct scientific and technological research and application in telecommunications activities;

5. To manage online and in-person telecommunications reporting and statistical work.

6. To perform international cooperation in telecommunications.

7. To inspect and examine the compliance with law regulations on telecommunications.

8. To settle disputes, complaints and denunciations and handle violations of the law regulations on telecommunications.

Article 69. Responsibilities for State-level governance of telecommunications

1. The Government performs the unified State-level governance of telecommunications.

2. The Ministry of Information and Communications shall be the body in charge of helping the Government perform State-level governance of telecommunications.

3. The Ministry of National Defense and the Ministry of Public Security, within the scope of their duties and powers, shall manage exclusive-use telecommunications networks for national defense and security. The Minister of National Defense shall manage the exclusive-use telecommunications network for cipher work.

4. Ministries and ministerial-level authorities shall, within the ambit of their tasks and powers, coordinate with the Ministry of Information and Communications in performing the State-level governance of telecommunications.

5. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the State-level governance of telecommunications in their localities.

Article 70. International cooperation in telecommunications

1. International cooperation in telecommunications is carried out on the principles of respect for independence, sovereignty, territorial integrity, equality and mutual benefit.

2. It shall comply with international treaties on telecommunications to which the Socialist Republic of Vietnam is a contracting party.

3. Vietnam commits to being an active and responsible member of international telecommunications organizations.

4. Priority shall be given to consideration of signing international treaties and international agreements that are beneficial to promoting the development of new and advanced telecommunications technologies which align with Vietnam’s interests and capabilities.

5. International cooperation and support for State-level governance, human resource training, sharing of information, experience, research and development of next generation Internet technologies, standards, and applications, and next generation telecommunications network technologies shall be encouraged.

6. The Ministry of Information and Communications is the body in charge of summarizing international integration and cooperation activities in telecommunications. Ministries, ministerial-level authorities, and People’s Committees at all levels shall involve in international cooperation on telecommunications within their ambit.

CHAPTER X. IMPLEMENTATION PROVISIONS

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

1. To replace the phrase “licenses for establishment of telecommunications networks” with the phrase “licenses 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 Frequency No. 42/2009/QH12, of which a number of articles have been amended and supplemented under the Law No. 09/2022/QH15.

2. To replace the phrase “Internet resources” with the phrase “Internet resources of Vietnam” in Clause 7, Article 4 and Clause 5, Article 119 of the Law on Management and Use of Public Assets No. 15/2017/QH14, of which a number of articles have been amended and supplemented under the Law No. 64/2020/QH14 and Law No. 07/2022/QH15. 

3. To amend and supplement the List of fees and charges in Appendix No. 01 to the Law on Fees and Charges No. 97/2015/QH13, of which a number of articles have been amended and supplemented under the Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15 and Law No. 20/2023/QH15 as follows:

a) To amend and supplement Item 2, Section VI, Part A as follows:

2

Fees for maintenance of Internet resources

b) To add Item 2.3 after Item 2.2, Section VI, Part A as follows:

2.3

Fees for maintenance of identification numbers of networks

The Ministry of Finance

c) To amend and supplement Item 5, Section III, Part B as follows:

5

Fees for allocation of telecommunications number storage, allocation and distribution of Internet resources

d) To add Item 5.4 after Item 5.3, Section III, Part B as follows:

5.4

Registration fees for identification numbers of networks

The Ministry of Finance

4. To annul Article 76 of the Law No. 67/2006/QH11 on Information Technology, of which a number of articles have been amended and supplemented by Law No. 21/2017/QH14 and Law No. 20/2023/QH15.

Article 72. Effect

1. This Law takes effect on July 01, 2024, except for Clauses 3 and 4 of this Article.

2. Law No. 41/2009/QH12 on Telecommunications, of which a number of articles were amended and supplemented under Law No. 21/2017/QH14 and Law No. 23/2018/QH14, ceases to be effective on the effective date of this Law, unless otherwise specified in Clause 4, Article 73 of this Law.

3. Regulations on providing basic telecommunications services on the Internet, data center services, and cloud computing services in Article 28 and Article 29 of this Law take effect from January 1, 2025.

4. Regulations on payment of fees for maintenance and registration of identification numbers of networks at Point d, Clause 9, Article 50 and Clause 3, Article 71 of this Law take effect from January 1, 2025.

Article 73. Transitional provisions

1. Telecommunications licenses granted in accordance with Law on Telecommunications No. 41/2009/QH12, of which a number of articles have been amended and supplemented under the Law No. 21/2017/QH14 and Law No. 23/2018/QH14, shall continue to be used until the end of their validity duration.

2. Businesses 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, of which a number of articles have been amended and supplemented under 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 the case where a business 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 business submits an application for a telecommunications license before the effective date of this Law but has not been granted a license by July 1, 2024, it will be considered for a license in accordance with the Law on Telecommunications No. 41/2009/QH12 of which a number of articles have been amended and supplemented under the Law No. 21/2017/QH14 and Law No. 23/2018/QH14.

         This Law was passed on November 24, 2023, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.