From July 1, 2024, when can telecommunications enterprises unilaterally terminate contracts with telecommunications service users in Vietnam?
From July 1, 2024, when can telecommunications enterprises unilaterally terminate contracts with telecommunications service users in Vietnam?
According to Article 22 of the Law on Telecommunications 2023, the regulations are as follows:
Refusal to provide telecommunications services
1. Telecommunications enterprises and telecommunications service agents shall not refuse to enter into contracts with telecommunications service users, except for the following cases:
a) The telecommunications service user has previously violated the contract for the provision and use of telecommunications services entered into with the telecommunications enterprise;
b) The provision of telecommunications services is economically and technically infeasible;
c) The telecommunications service user has been refused postpaid telecommunications services by the telecommunications enterprise with a written agreement with another telecommunications enterprise due to evasion of service payment obligations;
d) There is a written request from a competent state agency as prescribed by law.
2. Telecommunications enterprises cannot unilaterally terminate contracts with telecommunications service users, except for the following cases:
a) The telecommunications service user violates the contract for the provision and use of telecommunications services entered into;
b) The telecommunications subscriber violates Law on Telecommunicationss. The Government of Vietnam specifies the details of this point;
c) There is a written request from a competent state agency as prescribed by law.
Thus, based on the above regulations, telecommunications enterprises can unilaterally terminate contracts with telecommunications service users in the following cases:
- The telecommunications service user violates the contract for the provision and use of telecommunications services that have been entered into;
- The telecommunications subscriber violates Law on Telecommunicationss;
- There is a written request from a competent state agency as prescribed by law.
From July 1, 2024, when can telecommunications enterprises unilaterally terminate contracts with telecommunications service users in Vietnam? (Image from the internet)
What are the rights and obligations of telecommunications enterprises in Vietnam?
According to 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:
- To build, install, and own telecommunications equipment systems and transmission lines within their premises and public service points to provide telecommunications services to users;
- To lease transmission lines to connect their telecommunications equipment systems, their premises, and public service points with each other and with the public telecommunications network of other telecommunications enterprises;
- To lease transmission lines or purchase traffic, telecommunications services from other telecommunications enterprises to resell to telecommunications service users;
- To sublease telecommunications infrastructure they have leased if agreed upon by the leasing telecommunications enterprise;
- To be allocated telecommunications resources according to the provisions of this Law on telecommunications resource management;
- To conduct research and development and trial deployment of new technologies and models in telecommunications activities;
- Other rights as prescribed by the Enterprise Law and other relevant laws.
Obligations:
- To contribute financially to the Vietnam Public Telecommunication Service Fund according to the law;
- To be responsible for service quality according to the registered or announced standards; ensuring the accuracy and correctness of service pricing as per the contract for the provision and use of telecommunications services;
- To be subject to control by competent state agencies and comply with regulations on ensuring the safety of telecommunications infrastructure and information security;
- To report periodically or unexpectedly on the enterprise's telecommunications activities as prescribed by the Minister of Information and Communications, and to be responsible for the accuracy and promptness of report content and data;
- To take measures to prevent the connection, Internet addresses, domain names, and other measures to prevent telecommunications equipment systems, telecommunications services, and telecommunications application services from being used to commit acts specified in Clause 1 of Article 9 of the Law on Telecommunications 2023 when requested in writing by competent state agencies according to the law;
- To have technical connectivity plans ready for reporting data by electronic means to meet state management requirements on telecommunications as prescribed by the Minister of Information and Communications;
- To comply with requests from competent state agencies to mobilize part or all of the telecommunications infrastructure, telecommunications services in emergencies as prescribed by law on national defense, national security, and emergency situations;
- To ensure that telecommunications subscribers can retain their telecommunications numbers when switching telecommunications service providers within the same type of telecommunications service;
- To provide services to telecommunications service users whose subscriber information matches the information on identity documents presented when entering into contracts as prescribed by law;
- To authenticate, store, use subscriber information, and handle SIM cards with incomplete or incorrect subscriber information;
- To prevent and block messages and calls that violate the law as prescribed by the Government of Vietnam;
- To stop providing telecommunications services to telecommunications subscribers who violate Law on Telecommunicationss;
- Other obligations as prescribed by the Enterprise Law 2023 and other relevant laws.
(2) Enterprises providing services with network infrastructure:
Rights:
- The rights as for enterprises providing services without network infrastructure;
- To prioritize the use of space, land, subsoil, riverbeds, seabeds, and public land to build telecommunications infrastructure according to planning, standards, technical regulations, and relevant legal regulations;
- To lease telecommunications infrastructure to other telecommunications enterprises;
- To participate in providing public telecommunications services.
Obligations:
- The obligations as for enterprises providing services without network infrastructure;
- To lease passive telecommunications technical infrastructure to other telecommunications enterprises when it is economically and technically feasible according to the passive telecommunications technical infrastructure planning;
- To dismantle telecommunications structures under their ownership and management that are dangerous or unsafe for usage according to construction law;
- To lower, re-arrange telecommunications cables.
Vietnam: May telecommunications subscribers use their identity documents to sign contracts for others?
According to Clause 4, Article 15 of the Law on Telecommunications 2023 regarding obligations for telecommunications subscribers:
Rights and obligations of telecommunications service users, telecommunications subscribers
...
4. Telecommunications subscribers have the following obligations:
a) Obligations specified in Clause 2 of this Article;
b) To comply with regulations on telecommunications resource management and telecommunications technical standards, regulations;
c) To provide full and accurate information to telecommunications enterprises upon entering contracts for the provision and use of telecommunications services;
d) Not to use information on their identity documents to enter into contracts for the provision and use of telecommunications services for others, except as permitted by Law on Telecommunications;
dd) To be legally responsible for using telecommunications numbers they have contracted with the telecommunications enterprise;
e) To protect their passwords, encryption keys, and terminal equipment.
Thus, based on the above regulations, from July 1, 2024, telecommunications subscribers are not allowed to use information on their identity documents to enter into contracts for the provision and use of telecommunications services for others, except as permitted by Law on Telecommunications.
The Law on Telecommunications 2023 takes effect from July 1, 2024, except as provided in Clauses 3 and 4 of Article 72 of the Law on Telecommunications 2023.
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