Resolution of disputes in telecommunications service business in Vietnam from December 24, 2024

Resolution of disputes in telecommunications service business in Vietnam from December 24, 2024​ (Image from the internet)

On December 24, 2024, the Government of Vietnam issued Decree 163/2024/ND-CP guiding the Telecommunications Law 2023.

Resolution of disputes in telecommunications service business in Vietnam from December 24, 2024

Based on Article 14 of Decree 163/2024/ND-CP regarding the resolution of disputes in the telecommunications business:

(1) Disputes in the telecommunications business are disputes among telecommunications enterprises that arise directly in the process of telecommunications service business, including:

- Disputes regarding the sharing of telecommunications infrastructure except as provided in Clause 2, Article 81 of Decree 163/2024/ND-CP;

- Disputes over wholesale activities in telecommunications.

(2) For the disputes in the telecommunications business specified in (1), besides resolution according to civil procedure law or other relevant laws, telecommunications enterprises may request the state regulatory agency for telecommunications to resolve disputes according to the following procedures:

- Within 30 days from the date of receipt of the Request for Dispute Resolution in Telecommunications Business as per Form No. 03 in the Appendix issued with this Decree, the Ministry of Information and Communications (Department of Telecommunications) is responsible for organizing dispute resolution between the parties. The disputing parties are obligated to provide complete information and evidence related and have the duty to participate in dispute resolution. The dispute resolution result must be documented in writing.

- Within 15 days from the date of dispute resolution conclusion, the Ministry of Information and Communications (Department of Telecommunications) issues a dispute resolution decision. The disputing parties are obligated to enforce the dispute resolution decision, even if they disagree with the resolution decision, and have the right to complain, file a lawsuit according to the law.

(3) For other disputes among telecommunications enterprises outside the cases defined in (1), dispute resolution shall comply with the civil procedure law or other relevant laws.

Regulations on ensuring network information security in telecommunications activities in Vietnam

Telecommunications enterprises in Vietnam have the following responsibilities to ensure network information security in telecommunications activities:

- Implement measures to ensure the safety of information systems as regulated for telecommunications networks; prevent, stop, handle, respond to incidents, and minimize risks of information insecurity and cyber-attacks as per the requirements and coordination of the Ministry of Information and Communications (Department of Information Security).

- Ensure network information security when providing telecommunications services to end-users according to the requirements and guidance of the Ministry of Information and Communications.

- Implement or coordinate in implementing the prevention and handling of illegal information on the telecommunications network it manages according to the requirements of the Ministry of Information and Communications (Department of Information Security), the Ministry of Public Security as regulated by the law.

- Ensure networking equipment meets standards and technical specifications for information security issued by competent authorities.

(Article 15 of Decree 163/2024/ND-CP)

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