What are the rights and obligations of telecommunications enterprises in Vietnam from July 1, 2024 under the Law on Telecommunications 2023?
What are the rights and obligations of telecommunications enterprises in Vietnam from July 1, 2024?
Pursuant to Article 13 of the Law on Telecommunications 2023, rights and obligations of telecommunications enterprises from July 1, 2024 include the following:
(1) A service provider without network infrastructure has the following 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.
(2) A service provider without network infrastructure also has the following 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 the Law on Telecommunications 2023 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.
(3) A service provider with network infrastructure has the following rights:
- Have rights specified in Clause 1 of Article 13 of the Law on Telecommunications 2023;
- 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.
(4) A service provider with network infrastructure has the following obligations:
- Have obligations specified in Clause 2 of Article 13 of the Law on Telecommunications 2023;
- 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
(5) The Government shall elaborate Points h, k and m Clause 2, point d Clause 4 of Article 13 of the Law on Telecommunications 2023.
What are the rights and obligations of telecommunications enterprises in Vietnam from July 1, 2024 under the Law on Telecommunications 2023? (Image from the Internet)
What are the rights and obligations of telecommunications service agents in Vietnam under the Law on Telecommunications 2023?
Pursuant to Article 14 of the Law on Telecommunications 2023, the rights and obligations of telecommunications service agents are regulated as follows:
- A telecommunications service agent has the following rights:
+ Set up a system of terminal devices at a location intended for provision of telecommunications services for users as agreed in a telecommunications service agency contract;
+ Provide or resell telecommunications services under Law on Telecommunications 2023;
+ Request the telecommunications enterprise to sign the telecommunications service agency contract to provide guidance and supply information on telecommunications services;
+ Stop providing telecommunications services for users that commit violations against the law on telecommunications;
+ Exercise other rights prescribed by the Law on Commercial 2005 and other regulations of relevant laws.
- A telecommunications service agent has the following obligations:
+ Comply with regulations on assurance of safety of telecommunications infrastructure and information security;
+ Provide telecommunications services with quality and prices indicated in the telecommunications service agency contract.
+ Be subject to inspection and control of execution of the telecommunications service agency contract by the telecommunications enterprise that has signed the contract;
+ Provide telecommunications services within time limits according to regulations of law;
+ Fulfill other obligations prescribed by the Law on Commercial 2005 and other regulations of relevant laws.
When does the Law on Telecommunications 2023 come into force?
Pursuant to Article 72 of the Law on Telecommunications 2023, the regulations on entry into force are as follows:
Entry into force
1. This Law comes into force from July 01, 2024, except for Clauses 3 and 4 of this Article.
2. The Law No. 41/2009/QH12 on Telecommunications amended by Law No. 21/2017/QH14 and Law No. 23/2018/QH14 will cease to be effective from the effective date of this Law, unless otherwise specified in Clause 4, Article 73 of this Law.
3. Regulations on provision of basic telecommunications services on the Internet, data center services and cloud computing services in Article 28 and Article 29 of this Law come into force from January 1, 2025.
4. Regulations on payment of fees for maintenance and use of network codes and charges for registration and use of network codes at Point d, Clause 9, Article 50 and Clause 3, Article 71 of this Law come into force from January 1, 2025.
Thus, 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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