What are the conditions on grant of licenses for commercial provision of telecommunications services in Vietnam?
What is a telecommunications license in Vietnam?
According to the provisions of Article 34 of the 2009 Law on Telecommunications in Vietnam, telecommunications licenses include licenses for commercial provision of telecommunications services and licenses for telecommunications operations.
Licenses for provision of commercial telecommunications services include:
+ License for establishment of telecommuni¬cations networks which is valid for 15 years or less and granted to service providers with network infrastructure:
+ License for provision of telecommunica¬tions services which is valid for 10 years or less and granted to service providers without network infrastructure.
- Licenses for telecommunications operations include:
+ License for installation of undersea telecommunications cable lines which is valid for 25 years or less and granted to organizations that install undersea telecommunications cable lines ashore or across the internal waters, territorial seas, continental shelf or exclusive economic zones of Vietnam:
+ License for establishment of exclusive-use telecommunications networks which is valid for 10 years and granted to organizations that establish exclusive-use telecommunications networks:
+ License for testing of telecommunications networks and services which is valid for 1 year and granted to organizations that test telecommunications networks and services.
What are the conditions on grant of licenses for commercial provision of telecommunications services in Vietnam?
What are the conditions on grant of licenses for commercial provision of telecommunications services in Vietnam?
According to the provisions of Article 36 of the 2009 Law on Telecommunications in Vietnam, a business will be granted a license for provision of telecommunications services when fully satisfying the following conditions:
Conditions on grant of licenses for commercial provision of telecommunications services
1. A business will be granted a license for provision of telecommunications services when fully satisfying the following conditions:
a/ Having a business registration certificate or certificate of investment in commercial provision of telecommunications services;
b/ Having sufficient financial capability, organizational structure and manpower suitable to size of projects;
c/ Working out technical plans and feasible business plans in line with the national telecommunications development strategy and plan, and in compliance with regulations on the telecommunications resources, connection, charge rates, technical standards and regulations, and quality of telecommunications networks and services;
d/ Taking measures to assure the safety of telecommunications infrastructure and information security.
2. A business will be granted a license for establishment of a public telecommunications network when fully satisfying the following conditions:
a/The conditions specified in Clause 1 of this Article;
b/ Have a legal capital and made a committed investment capital according to the Government's regulations.
Thus, a business will be granted a license for provision of telecommunications services when fully satisfying the following conditions:
+ Having a business registration certificate or certificate of investment in commercial provision of telecommunications services;
+ Having sufficient financial capability, organizational structure and manpower suitable to size of projects;
+ Working out technical plans and feasible business plans in line with the national telecommunications development strategy and plan, and in compliance with regulations on the telecommunications resources, connection, charge rates, technical standards and regulations, and quality of telecommunications networks and services;
+ Taking measures to assure the safety of telecommunications infrastructure and information security.
What are the principles of grant of telecommunications licenses in Vietnam?
According to the provisions of Article 35 of the 2009 Law on Telecommunications in Vietnam, a telecommunications license is granted based on the following principles:
Principles of grant of telecommunications licenses in Vietnam
1. Telecommunications licenses shall be granted the national telecommunications development strategy and plan.
2. Telecommunications licenses shall be granted first of all to projects which can be rapidly implemented in reality and involve commitments to provide long-term services to telecommunication service users: projects on provision on telecommunication services to deep-lying, remote and border areas, islands and areas with exceptionally difficult socio-economic conditions.
3. In case the grant of telecommunications licenses involves the use of the telecommunications resources, these licenses shall be considered for grant only if the allocation of the telecommunications resources is feasible and in line with the approved plan and ensures the effective use of the telecommunications resources.
4. Organizations with telecommunications licenses shall take responsibility before law for the accuracy of their dossiers of application for telecommunications licenses and implementation of provisions of granted licenses and their commitments made with the licensing agency.
5. Organizations with telecommunications licenses shall pay the charge for the right to telecommunications operation and the fee for grant of telecommunications licenses under the law on charges and fees.
Thus, a telecommunications license is granted based on the following principles:
+ Telecommunications licenses shall be granted the national telecommunications development strategy and plan.
+ Telecommunications licenses shall be granted first of all to projects which can be rapidly implemented in reality and involve commitments to provide long-term services to telecommunication service users: projects on provision on telecommunication services to deep-lying, remote and border areas, islands and areas with exceptionally difficult socio-economic conditions.
+ In case the grant of telecommunications licenses involves the use of the telecommunications resources, these licenses shall be considered for grant only if the allocation of the telecommunications resources is feasible and in line with the approved plan and ensures the effective use of the telecommunications resources.
+ Organizations with telecommunications licenses shall take responsibility before law for the accuracy of their dossiers of application for telecommunications licenses and implementation of provisions of granted licenses and their commitments made with the licensing agency.
+ Organizations with telecommunications licenses shall pay the charge for the right to telecommunications operation and the fee for grant of telecommunications licenses under the law on charges and fees.
LawNet
