From July 01, 2024:What are the 05 prohibited acts in telecommunications activities in Vietnam under the Law on Telecommunications 2023?
- From July 01, 2024:What are the 05 prohibited acts in telecommunications activities in Vietnam under the Law on Telecommunications 2023?
- What are the rights and obligations of telecommunications enterprises in Vietnam?
- Vietnam: Are telecommunications service providers required to obtain licenses for provision of telecommunications services?
From July 01, 2024:What are the 05 prohibited acts in telecommunications activities in Vietnam under the Law on Telecommunications 2023?
Pursuant to Article 9 of the Law on Telecommunications 2023, there are 05 prohibited acts in telecommunications activities:
- Taking advantage of telecommunications activities to commit acts against the State of the Socialist Republic of Vietnam; violating national security or social order and safety, thereby causing harm to interests of the State, the legitimate rights and interests of organizations and/or individuals
- Stealthily retrieving, eavesdropping on or accessing without permission information on telecommunications networks; hacking and using without permission telecommunications resources, passwords, keywords and private information of other organizations and individuals.
- Illegally obstructing the establishment of telecommunications infrastructure, disrupting or undermining the establishment of telecommunications infrastructure, lawful provision and use of telecommunications services.
- Establishing telecommunications infrastructure and providing telecommunications services without permission under regulations of law.
- Using devices and software that send, transmit and receive information via telecommunications networks in order to commit violations against law.
From July 01, 2024:What are the 05 prohibited acts in telecommunications activities in Vietnam under the Law on Telecommunications 2023? (Image from the Internet)
What are the rights and obligations of telecommunications enterprises in Vietnam?
Pursuant to Article 13 of the Law on Telecommunications 2023, rights and obligations of telecommunications enterprises are as follows:
(1) For a service provider without network infrastructure:
Rights:
- Build, install and own a system of telecommunications devices and transmission lines within locations of its public service establishments and points to provide telecommunications services for users;
- Hire transmission lines for connection between its system of telecommunications devices and public service establishments and points and public telecommunications networks of other telecommunications enterprises;
- Hire transmission lines or buy telecommunications traffic or services of other telecommunications enterprises for reseal to telecommunications service users;
- Sublease telecommunications infrastructure to other telecommunications enterprises in case where the telecommunications enterprise leasing such telecommunications infrastructure gives consent;
- Be provided with telecommunications resources under regulations of this Law on management of telecommunications resources;
- Conduct study for development of, and test of new technologies and models in telecommunications activities;
- Exercise other rights according to regulations of the Law on Enterprises and other relevant laws.
Obligations:
- Make financial contributions to Vietnam public-utility telecommunication service fund according to regulations of law;
- Take responsibility for the quality of services according to registered or announced standards; ensure the correct, adequate and accurate calculation of service charges under telecommunications service contracts;
- Be subject to the control by competent state agencies and comply with regulations on assurance of safety of telecommunications infrastructure and information security;
- Report, on a periodic or ad hoc basis, on its telecommunications activities according to regulations of the Minister of Information and Communications; and take responsibility for the accuracy and timeliness of reported contents and data.
- Implement measures to prevent connection to Internet addresses and domain names and other preventive measures applicable to the system of telecommunications devices, telecommunications services and telecommunications application services used to commit the acts specified in Clause 1 Article 9 of this Law at written request of competent state agencies according to regulations of law;
- Prepare a plan for technical connections which meet requirements for state management of telecommunications according to regulations issued by the Minister of Information and Communications to serve data report by electronic means;
- Respond to requests of competent state agencies for mobilization of a part of or the entire telecommunications infrastructure or telecommunications services in emergency cases according to regulations of laws on national defense and security and emergency cases;
- Ensure that telecommunication subscribers retain subscriber numbers when the service provider is changed with regard to telecommunications services of the same type;
- Only provide telecommunications services for users whose information is adequate and consistent with that on personal documents presented upon entry into contracts according to regulations of law;
- Verify, store and use information about telecommunication subscribers, and handle SIM containing inadequate and incorrect information on telecommunication subscribers;
- Prevent and control illegal messages and calls according to the Government's regulations;
- Stop providing telecommunications services for telecommunication subscribers that commit violations against the law on telecommunications;
- Fulfill other obligations prescribed by law on enterprises and other regulations of relevant laws.
(2) For a service provider with network infrastructure:
Rights:
- Have rights as service providers without network infrastructure;
- Be prioritized for use of the space, ground surface, underground space, river bed, sea bed and land intended for public purposes in order to build telecommunications infrastructure under the planning, technical standards and regulations and relevant laws;
- Lease telecommunications infrastructure out to other telecommunications enterprises;
- Participate in provision of public-utility telecommunications services.
Obligations:
- Have obligations as service providers without network infrastructure;
- Lease other telecommunications enterprises passive telecommunications technical infrastructure if consistent with the planning for passive telecommunications technical infrastructure and economically and technically feasible;
- Decommission and demolish telecommunications works under its ownership and management showing signs of danger and failing to ensure safe operation and use according to the law on construction;
- Carry out undergrounding and renewal of telecommunications cables
Vietnam: Are telecommunications service providers required to obtain licenses for provision of telecommunications services?
Pursuant to Clause 1 Article 20 of the Law on Telecommunications 2023:
Provision of telecommunications services
1. Telecommunications service providers shall obtain licenses for provision of telecommunications services, or apply for or notify provision of telecommunications services, except the cases specified in Article 42 of this Law.
Thus, telecommunications service providers shall obtain licenses for provision of telecommunications services, or apply for or notify provision of telecommunications services, except the cases that organizations and individuals engaged in telecommunications activities are exempted from obtaining telecommunications licenses, registering or notifying provision of telecommunications services in the following cases:
- They trade in telecommunications goods;
- They act as telecommunications service agents to provide telecommunications services;
- They hire transmission lines for provision of telecommunications application services;
- Members of the private telecommunications network belong to the same organization and do not establish their own telecommunications transmission lines.
The Law on Telecommunications 2023 comes into force from July 1, 2024, except for the cases specified in Clauses 3 and 4, Article 72 of the Law on Telecommunications 2023.
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