What are the rights and obligations of telecommunications enterprises in Vietnam? What are the forms of telecommunications business in Vietnam?
- What are the forms of telecommunications business in Vietnam?
- What are the rights and obligations of telecommunications enterprises in Vietnam?
- What are the regulations on the ownership rate in telecommunications enterprises in Vietnam?
- What should foreign investors that make investments in the provision of telecommunications services in Vietnam do?
What are the forms of telecommunications business in Vietnam?
According to the provisions of Article 13 of the 2009 Law on Telecommunications in Vietnam on the forms of telecommunications business as follows:
- Telecommunications business means provision of telecommunications services and trading in telecommunications commodities.
In which:
+ The provision of telecommunications services means investment in the public telecommuni¬cations infrastructure and provision of telecom¬munications services for the profit purpose.
+ The trading in telecommunications commodities means investment, manufacture, sale and purchase, or lease of telecommuni¬cations software, supplies and equipment for the profit purpose.
- The provision of telecommunications services shall comply with this Law and other relevant laws.
The trading in telecommunications commodities shall comply with Articles 51 and 52 of this Law and other relevant laws.
What are the rights and obligations of telecommunications enterprises in Vietnam? What are the forms of telecommunications business in Vietnam?
What are the rights and obligations of telecommunications enterprises in Vietnam?
According to the provisions of Article 14 of the 2009 Law on Telecommunications in Vietnam (amended by point c, clause 7, Article 57 of the 2017 Law on Planning in Vietnam), the rights and obligations of telecommunications enterprises are as follows:
- Apart from the rights and obligations provided in the Law on Enterprises, service providers without network infrastructure also have the following rights and obligations:
+ 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;
+ To hire transmission lines for inter¬connection of their systems of telecommunica¬tions equipment and public service establishments and points and logging of these systems to public telecommunications networks of other telecommunications enterprises:
+ To hire transmission lines or buy telecom¬munications flows of other telecommunications enterprises for resale to telecommunications service users;
+ To sublease telecommunications infrastruc¬ture to other telecommunications enterprises;
+ Be allowed to distribute telecommunications resources in accordance with regulations on management of telecommunications resources;
+ To perform public-utility telecommunica¬tions tasks assigned by the State and make financial contributions to the Vietnam Fund for Public-Utility Telecommunications Services;
+ To lake responsibility for the quality of services according to registered or announced standards; to ensure the correct, adequate and accurate calculation of service charges under telecommunications service contracts;
+ To submit to the control by competent state agencies and comply with regulations on assurance of safety of telecommunications infrastructure and information security;
+ To report, on a periodical basis or at the request of the specialized management agency in charge of telecommunications, on their operations; and to take responsibility for the accuracy and timeliness of reported contents and data.
- Providers of network infrastructure services have the following rights and obligations:
+ To use the space, ground surface, underground space, river bed and sea bed for building telecommunications infrastructure under the planning, technical standards and regulations;
+ To lease telecommunications infrastructure to other telecommunications enterprises:
+ To participate in providing public-utility telecommunications services:
+ Other rights and obligations provided in Clause 1 of this Article.
What are the regulations on the ownership rate in telecommunications enterprises in Vietnam?
According to the provisions of Article 3 of Decree No. 25/2011/ND-CP on this content as follows:
Ownership in the trading of telecommunication services
1. An organization or individual owning more than 20% of charter capital or shares in a telecommunication enterprises shall not be allowed to possess more than 20% of charter capital or shares of other telecommunication enterprises doing the business in the same market belonging to the List of telecommunication services promulgated by the Ministry of Information and Communications.
2. Telecommunication enterprises that provide telecommunication services on the List specified in Clause 1 of this Article shall report to the specialized management agencies on telecommunications in accordance with the Ministry of Information and Communication upon changes in the list of organizations or individuals owning more than 20% of charter capital or shares of the enterprise.
Thus, the percentage that individuals and organizations in a telecommunications enterprise are entitled to own is as follows:
+ Organizations and individuals are allowed to own more than 20% of charter capital or shares of telecommunications enterprises.
+ Not to own more than 20% of charter capital or shares of many enterprises doing business in the same market of telecommunications services on the List of telecommunications services.
+ An organization or individual owning more than 20% of charter capital or shares in a telecommunication enterprises
+ Not be allowed to possess more than 20% of charter capital or shares of other telecommunication enterprises doing the business in the same market belonging to the List of telecommunication services.
What should foreign investors that make investments in the provision of telecommunications services in Vietnam do?
According to the provisions of Clause 3, Article 18 of the 2009 Law on Telecommunications in Vietnam, foreign investors that make first-time investments in the provision of telecommunications services in Vietnam shall:
- Have investment projects and carry out procedures for investment registration or verification at state management agencies in charge of investment to obtain investment certificates, which concurrently serve as business registration certificates:
- Apply for licenses for provision of telecommunications services under Articles 34, 35 and 36 of the Law on Telecommunications.
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