May telecommunications subscribers use their identification documents to sign contracts for others in Vietnam from July 1, 2024?
May telecommunications subscribers use their identification documents to sign contracts for others in Vietnam from July 1, 2024?
Based on the provisions of Clause 4, Article 15 of the Law on Telecommunications 2023, which regulates obligations regarding telecommunications subscribers, we have the following:
Rights and obligations of telecommunications service users, telecommunications subscribers
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4. Telecommunications subscribers have the following obligations:
a) The obligations stipulated in Clause 2 of this Article;
b) Comply with the regulations on the management of telecommunications resources and telecommunications technical standards and norms;
c) Provide full and accurate information of the telecom subscriber to the telecommunications enterprise when entering into a contract for the provision and use of telecom services;
d) Do not use the information on their identification documents to enter into contracts for the provision and use of telecom services for others, except as permitted under Law on Telecommunications;
dd) Take legal responsibility for the use of the telecom number registered under a contract with the telecommunications enterprise;
e) Protect passwords, encryption keys, and their terminal equipment.
Thus, according to the above provisions, from July 1, 2024, telecommunications subscribers are not allowed to use the information on their identification documents to enter into contracts for the provision and use of telecom services for others, except as permitted under Law on Telecommunications.
May telecommunications subscribers use their identification documents to sign contracts for others in Vietnam from July 1, 2024? (Image from the internet)
What are prohibited acts in telecommunications activities in Vietnam?
Based on the provisions of Article 9 of the Law on Telecommunications 2023, the prohibited behaviors in telecommunications activities include:
- Exploiting telecommunications activities to oppose the State of the Socialist Republic of Vietnam; infringing upon national security, social order, and safety, causing damage to the interests of the State, and the legitimate rights and interests of organizations and individuals.
- Secretly intercepting, listening to, or viewing information on the telecommunications network; stealing, illegally using telecom resources, passwords, encryption keys, and private information of organizations and individuals.
- Illegally obstructing the establishment of telecommunications infrastructure, causing disruption, or destroying the establishment of telecommunications infrastructure, and the legal provision and use of telecom services.
- Establishing telecommunications infrastructure, providing telecom services without permission as required by this Law.
- Using equipment, and software to send, transmit, or receive information over the telecommunications network to commit violations of the law.
What are the rights and obligations of telecommunications enterprises in Vietnam?
Based on the provisions of Article 13 of the Law on Telecommunications 2023, telecommunications enterprises have the following rights and obligations:
(1) For enterprises providing services without network infrastructure:
Rights:
- Construct, install, and own telecommunications equipment systems and transmission lines within their premises and public service points to provide telecom services to telecom service users;
- Lease transmission lines to connect their telecommunications equipment systems, premises, and public service points with each other and with the public telecommunications network of other telecom enterprises;
- Lease transmission lines or purchase telecom capacity, and services from other telecom enterprises to resell to telecom service users;
- Sublease telecommunications infrastructure that they have leased, if agreed upon by the telecom infrastructure lessor;
- Be allocated telecom resources under this Law's regulations on telecommunications resource management;
- Conduct research and development, and trial new technologies and models in telecommunications activities;
- Other rights under the Enterprise Law 2020 and other relevant laws.
Obligations:
- Contribute financially to the Vietnam Public Telecommunications Service Fund as required by law;
- Be responsible for service quality according to registered or announced standards; ensure the accuracy of service prices as per the telecom service provision and use contract;
- Be subject to control by competent state authorities and comply with regulations on ensuring the safety of telecommunications infrastructure and information security;
- Report periodically or on-demand on the enterprise's telecommunications activities in accordance with the regulations of the Minister of Information and Communications; be responsible for the accuracy and promptness of report content and data;
- Implement measures to block connections, internet addresses, domain names, and other blocking measures for telecommunications equipment systems, telecom services, and telecom application services used to commit violations as specified in Clause 1, Article 9 of the Law on Telecommunications 2023 upon written request from competent state authorities;
- Have a technical connection plan ready to serve data reporting by electronic means to meet state management requirements on telecommunications as per the regulations of the Minister of Information and Communications;
- Implement the requirements of competent state authorities regarding the mobilization of part or all of the telecommunications infrastructure and telecom services in emergencies as per defense, national security, and emergency laws;
- Ensure that telecommunications subscribers retain their telecom numbers when changing telecom service providers within the same type of telecom service;
- Provide services to telecom service users with complete and consistent subscriber information with the information on the presented identification documents when entering into contracts according to the law;
- Authenticate, store, and use telecom subscriber information and handle SIMs with incomplete or inaccurate subscriber information;
- Prevent and stop messages and calls that violate the law as per Government of Vietnam regulations;
- Suspension of telecom service provision to subscribers who violate Law on Telecommunications;
- Other obligations under the Enterprise Law 2020 and other relevant laws.
(2) Enterprises providing services with network infrastructure:
Rights:
- The same rights as those for enterprises providing services without network infrastructure;
- Priority use of space, ground, underground, riverbeds, seabeds, and public-use land for constructing telecommunications infrastructure according to planning, standards, technical norms, and relevant laws;
- Lease telecommunications infrastructure to other telecom enterprises;
- Participate in providing public telecommunications services.
Obligations:
- The same obligations as those for enterprises providing services without network infrastructure;
- Lease passive telecommunications technical infrastructure to other telecom enterprises in line with telecommunications technical infrastructure planning and economic and technical feasibility;
- Dismantle, and remove telecommunications works under their ownership or management that pose dangerous signs and do not ensure safety according to construction laws;
- Underground, and organize the telecommunications cable routes.
The Law on Telecommunications 2023 takes effect from July 1, 2024, except for the provisions stipulated in Clauses 3 and 4, Article 72 of the Law on Telecommunications 2023.
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