Do telecommunications enterprises in Vietnam have the obligation to prevent spam messages, spam calls, and fraudulent calls from July 1, 2024?
Do telecommunications enterprises in Vietnam have the obligation to prevent spam messages, spam calls, and fraudulent calls from July 1, 2024?
Based on the provisions of Clause 2, Article 13 of the Law on Telecommunications 2023, it is stipulated as follows:
Rights and Obligations of Telecommunication Enterprises
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2. Enterprises providing services without network infrastructure have the following obligations:
a) Financial contributions to the Vietnam Public Utility Telecommunication Service Fund according to the provisions of law;
b) Be responsible for the quality of services according to the registered or announced standards; ensure the accuracy, sufficiency, and correctness of service prices as per the service provision and usage contract;
c) Subject to the control of competent state agencies and comply with regulations on ensuring the safety of telecommunication infrastructure and information security;
d) Submit periodic or ad-hoc reports on the enterprise's telecommunications activities as prescribed by the Minister of Information and Communications; be responsible for the accuracy and promptness of the content and data in the reports;
dd) Implement measures to block connections, Internet addresses, domain names, and other preventive measures against telecommunication systems, telecommunication services, and telecommunication application services used to perform acts specified in Clause 1, Article 9 of this Law upon written request from competent state agencies as prescribed by law;
e) Have plans ready for technical connections to serve electronic data reporting, meeting state management requirements on telecommunications as prescribed by the Minister of Information and Communications;
g) Fulfill the requirements of competent state agencies regarding the mobilization of part or all of telecommunication infrastructure and telecommunication services in emergency situations as prescribed by the laws on defense, national security, and emergency situations;
h) Ensure that telecommunication subscribers retain their telecommunication numbers when switching telecommunication service providers within the same type of telecommunication service;
i) Provide services to telecommunication service users whose telecommunication subscriber information is complete and matches the information on the presented identification documents upon contract conclusion as prescribed by law;
k) Implement verification, storage, usage of telecommunication subscriber information, and handling SIMs with incomplete or inaccurate telecommunication subscriber information;
l) Prevent, combat, and block messages and calls breaching legal regulations as prescribed by the Government of Vietnam;
m) Cease providing telecommunication services to telecommunication subscribers violating Law on Telecommunicationss;
n) Other obligations as prescribed by the Law on Enterprises and other relevant laws.
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Thus, based on the above provisions, from July 1, 2024, telecommunication enterprises providing services without network infrastructure must have the obligation to handle SIMs with incomplete information, prevent spam messages, spam calls, and fraudulent calls.
Do telecommunications enterprises in Vietnam have the obligation to prevent spam messages, spam calls, and fraudulent calls from July 1, 2024?
What are prohibited acts in telecommunications activities in Vietnam?
Based on the provisions of Article 9 of the Law on Telecommunications 2023, the prohibited acts in telecommunications activities include:
- Taking advantage of telecommunications activities to oppose the Socialist Republic of Vietnam; infringe upon national security, social order, and safety, causing damage to the interests of the state, and the lawful rights and interests of organizations and individuals.
- Illegally intercepting, eavesdropping, or viewing information on telecommunications networks; stealing or unlawfully using telecommunication resources, passwords, cryptographic keys, and private information of other organizations and individuals.
- Illegally obstructing the establishment of telecommunication infrastructure, causing disorder or sabotage in the establishment of telecommunication infrastructure, and the lawful provision and use of telecommunication services.
- Establishing telecommunication infrastructure or providing telecommunication services without permission as prescribed by this Law.
- Using equipment or software to send, transmit, or receive information over telecommunications networks to commit unlawful acts.
What are the forms of telecommunications business in Vietnam?
Based on the provisions of Article 10 of the Law on Telecommunications 2023, the forms of telecommunications business are stipulated as follows:
Forms of Telecommunications Business
1. Telecommunications business includes the following forms:
a) Telecommunications service business is the activity of investing in the establishment of public telecommunications networks, providing telecommunications services for profit;
b) Telecommunications goods business is the activity of investing in manufacturing, exchanging, buying, selling, or leasing telecommunication goods for profit.
2. The telecommunications service business must comply with the provisions of this Law and other relevant laws. The telecommunications goods business must comply with the provisions of Articles 42 and 55 of this Law and other relevant laws.
According to the above provisions, there are the following forms of telecommunications business:
- Telecommunications service business is the activity of investing in the establishment of public telecommunications networks, providing telecommunications services for profit;
- Telecommunications goods business is the activity of investing in manufacturing, exchanging, buying, selling, or leasing telecommunication goods for profit.
The Law on Telecommunications 2023 takes effect from July 1, 2024, except as provided in Clauses 3 and 4, Article 72 of the Law on Telecommunications 2023.
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