What is the penalty for failing to notify the management agency in case of termination of provision of telecommunications services of telecommunications businesses in Vietnam?
- Do telecommunications businesses have to notify the management agency when terminating commercial provision of telecommunications services in Vietnam?
- What is the penalty for failing to notify the management agency in case of termination of commercial provision of telecommunications services of telecommunications businesses in Vietnam?
- What are the conditions for termination of commercial provision of telecommunications services in Vietnam?
Do telecommunications businesses have to notify the management agency when terminating commercial provision of telecommunications services in Vietnam?
Pursuant to the provisions of Article 27 of the 2009 Law on Telecommunications in Vietnam on termination of commercial provision of telecommunications services as follows:
Termination of commercial provision of telecommunications services in Vietnam
1. Upon terminating the commercial provision of some or all licensed telecommuni¬cations services, telecommunications businesses shall notify such in writing to the specialized management agency in charge of telecom¬munications and concurrently take measures to assure legitimate rights and interests of telecom¬munications service users and involved parties.
2. Telecommunications businesses that possess essential equipment, telecommunications businesses or groups of telecommunications businesses that dominate the market, and public-utility telecommunications service providers may terminate the provision of some or all telecommunications services after obtaining a written approval of the Ministry of Information and Communications.
3. The Government shall specify conditions and procedures for termination of some or all telecommunications service providing activities.
Thus, telecommunications businesses shall notify such in writing to the specialized management agency in charge of telecommunications and concurrently take measures to assure legitimate rights and interests of telecommunications service users and involved parties.
What is the penalty for failing to notify the management agency in case of termination of provision of telecommunications services of telecommunications businesses in Vietnam?
What is the penalty for failing to notify the management agency in case of termination of commercial provision of telecommunications services of telecommunications businesses in Vietnam?
Pursuant to Point a, Clause 2, Article 28 of Decree No. 15/2020/ND-CP stipulating violations against regulations on termination of commercial provision of telecommunications services as follows:
Violations against regulations on termination of commercial provision of telecommunications services
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2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the commission of one of the following violations:
a) Failure by a telecommunications enterprise, that does not hold a dominant market position or essential facilities, or provide public-utility telecommunications services, to send notification of termination of supply of some or all of its services to the telecommunications authority;
b) Failing to notify service users or related parties of termination of supply of telecommunications services or failing to publish the same on means of mass media before the termination date.
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Note: This fine is imposed for administrative violations committed by organizations. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation as prescribed in Clause 3, Article 4 of Decree No. 15/2020/ND-CP.
Thus, telecommunications businesses that fail to notify specialized management agencies when terminating provision of telecommunications services shall be administratively fined ranging from VND 30,000,000 to VND 50,000,000.
What are the conditions for termination of commercial provision of telecommunications services in Vietnam?
Pursuant to Article 16 of Decree No. 25/2011/ND-CP stipulating the conditions for termination of commercial provision of telecommunications services as follows:
Condition for termination of commercial provision of telecommunications services
1. Telecommunication enterprises are only allowed to suspend partly or all of telecommunication services if the following conditions are satisfied:
a) The lawful rights and interests of users of telecommunication services are ensured under the signed contract for use of telecommunication services;
b) Informing the specialized agencies on telecommunications of the event as defined in Clause 1 of Article 17 of this Decree.
2. Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services are only allowed to stop the business in part or all telecommunication services directly related to the essential facilities, telecommunication services dominating the market, public-utility telecommunication services if the following conditions are satisfied:
a) Ensuring the lawful rights and interests of users of telecommunication services under the signed contract for use of telecommunication services;
b) Getting the written consent of the Ministry of Information and Communications under the provisions of Clauses 2 and 3 of Article 17 of this Decree;
c) In case of the suspension of trading the service, but not terminating their operation, they must provide users of telecommunication services with alternative telecommunication services, or switch the users to a equivalent telecommunication service of other telecommunication enterprises, or compensate for the users of services;
d) In case of suspension of trading service due to termination of their operation, reorganization plan or plans for bankruptcy and dissolution of enterprises must include measures to ensure the provision of telecommunication services will be continued to users.
Thus, telecommunication enterprises are only allowed to suspend partly or all of telecommunication services if the following conditions are satisfied:
- The lawful rights and interests of users of telecommunication services are ensured under the signed contract for use of telecommunication services;
- Informing the specialized agencies on telecommunications of the event as defined in Clause 1 of Article 17 of Decree No. 25/2011/ND-CP.
Note: Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services are only allowed to stop the business in part or all telecommunication services directly related to the essential facilities, telecommunication services dominating the market, public-utility telecommunication services if the following conditions are satisfied:
- Ensuring the lawful rights and interests of users of telecommunication services under the signed contract for use of telecommunication services;
- Getting the written consent of the Ministry of Information and Communications;
- In case of the suspension of trading the service, but not terminating their operation, they must provide users of telecommunication services with alternative telecommunication services, or switch the users to a equivalent telecommunication service of other telecommunication enterprises, or compensate for the users of services;
- In case of suspension of trading service due to termination of their operation, reorganization plan or plans for bankruptcy and dissolution of enterprises must include measures to ensure the provision of telecommunication services will be continued to users.
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