What forms of telecommunications business are there? What are the responsibilities of telecommunications businesses upon terminating commercial provision of telecommunications services in Vietnam?
What forms of telecommunications business are there?
Pursuant to the provisions of Article 13 of the 2009 Law on Telecommunications in Vietnam stipulating as follows:
Forms of telecommunications business in Vietnam
1. Telecommunications business means provision of telecommunications services and trading in telecommunications commodities.
The provision of telecommunications services means investment in the public telecommuni¬cations infrastructure and provision of telecom¬munications services for the profit purpose.
The trading in telecommunications commodities means investment, manufacture, sale and purchase, or lease of telecommuni¬cations software, supplies and equipment for the profit purpose.
2. The provision of telecommunications services shall comply with this Law and other relevant laws.
The trading in telecommunications commodities shall comply with Articles 51 and 52 of this Law and other relevant laws.
According to the above provisions, there are the following forms of telecommunications:
- Provision of telecommunications services
- Trading in telecommunications commodities
What types of telecommunications business are there? What are the responsibilities of telecommunications businesses upon terminating commercial provision of telecommunications services in Vietnam?
What are the procedures for suspension of telecommunication services trading?
Pursuant to the provisions of Article 17 of Decree No. 25/2011/ND-CP stipulating the procedures for suspension of telecommunication services trading as follows:
- Telecommunication enterprises other than telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services stop trading partly or all of the telecommunication services must submit documents for informing the suspension of providing services to the specialized management agencies in telecommunications at least 60 days before the expected date of cessation of the trading.
- Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services when stopping partly or all telecommunication services directly related to essential facilities, telecommunication services dominating the market, public-utility telecommunication services without terminating their operation must submit 03 sets of dossiers requesting for stopping telecommunication services trading to the Ministry of Information and Communications.
Within 30 working days after receiving the valid dossier, the Ministry of Information and Communication assesses and sends a written reply to the enterprise.
- Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services when suspending telecommunication services trading due to the end of their operation must submit 03 dossiers asking for an end to their telecommunication services trading to the Ministry of Information and Communications.
Within 60 working days from the date of receiving the valid dossier, the Ministry of Information and Communications coordinate with relevant agencies to determine the enterprise-reorganization plans or plans for bankruptcy or dissolution and reply in writing to the enterprise. On the basis of the written reply of the Ministry of Information and Communications, the enterprise is obliged to carry out the plan of reorganization or plan of bankruptcy, dissolution as prescribed by laws.
- Telecommunication enterprises shall take responsibility to notify users of telecommunication services and other related parties publish in the mass media about the suspension of telecommunication services trading at least 30 days before the official suspension of telecommunication services trading.
- In the case where the business license of telecommunication services is required to amend due to the suspension of services trading, management agencies specialized in telecommunication are obliged to require the telecommunication enterprises to modify the license in accordance with the clauses 1, 3, Article 24 of Decree No. 25/2011/ND-CP.
- Within 30 working days after the cessation of telecommunication services trading, telecommunication enterprises shall take responsibility to reimburse telecommunication resources that have been publicly allocated for the service or a portion of the services to be out of business (if any).
What are the responsibilities of telecommunications businesses upon terminating commercial provision of telecommunications services in Vietnam?
Pursuant to the provisions of Article 27 of the 2009 Law on Telecommunications in Vietnam stipulating as follows:
Termination of commercial provision of telecommunications services
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.
According to the above provisions, 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.
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