When will an organization or enterprise have its telecommunications license revoked and terminate provision of its telecommunications services in Vietnam?
- Vietnam: When will an organization or enterprise have its telecommunications license that has been issued revoked?
- What are the cases of termination of provision of telecommunications services in Vietnam?
- What is the registration and notification of provision of telecommunications services in Vietnam?
- When will an organization or enterprise pay the fee for the right to operate telecommunications in Vietnam?
Vietnam: When will an organization or enterprise have its telecommunications license that has been issued revoked?
Pursuant to Clause 1, Article 40 of the Law on Telecommunications 2023, an organization or enterprise shall have its telecommunications license that has been issued revoked if it falls into any of the following cases:
- Committing prohibited acts specified in Clause 1 Article 9 of the Law on Telecommunications 2023;
- Committing a fraudulent act or providing untruthful information in order to obtain the telecommunications license;
- Operating in contravention of the contents of the issued telecommunications license and causing serious consequences for legitimate rights and interests of other organizations and individuals
- Failing to adequately and really fulfill the commitment to deploy telecommunications networks or provide telecommunications services to the market after 02 years from the date the license is issued, except for the force majeure event or the case specified at Point g of Clause 1, Article 40 of the Law on Telecommunications 2023;
- Discontinuing the provision of telecommunications services under the issued telecommunications license continuously in 01 year without notifying the Ministry of Information and Communications;
- Voluntarily returning the license for provision of telecommunications services;
- Having all radio frequency resources allocated under the license for provision of telecommunications services specified at Point a, Clause 1, Article 35 of the Law on Telecommunications 2023 withdrawn within 12 months from the date the right to use radio frequency is revoked without amendment to or re-issuance of the license for provision of telecommunications services;
- Failing to fully pay the fee for the right to operate telecommunications after 12 months from the due date specified by the law on fees and charges in accordance with the notice of the authority that has issued the telecommunications license to the organization or enterprise.
When will an organization or enterprise have its telecommunications license revoked and terminate provision of its telecommunications services in Vietnam? (Image from the Internet)
What are the cases of termination of provision of telecommunications services in Vietnam?
Pursuant to Clause 2, Article 40 of the Law on Telecommunications 2023, a provider of telecommunications services of which the provision shall be registered or notified in accordance with Article 41 of Law on Telecommunications 2023 shall terminate provision of its telecommunications services if it falls into one of the following cases:
- 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;
- Failing to fully pay the fee for the right to operate telecommunications after 12 months from the due date specified by the law on fees and charges in accordance with the notice of the authority that has issued the telecommunications license to the organization or enterprise.
- Failing to meet the conditions for provision of telecommunications services of which the provision shall be registered;
- Terminating the provision of telecommunications services continuously in 01 year without notifying the Ministry of Information and Communications.
What is the registration and notification of provision of telecommunications services in Vietnam?
Pursuant to Article 41 of the Law on Telecommunications 2023, the registration and notification of provision of telecommunications services is as follows:
- Registration of provision of telecommunications services means that an enterprise shall declare its information and the type of telecommunications services which are provided and meet the conditions for provision of telecommunications services in accordance with the Government’s regulations.
- Notification of provision of telecommunications services means that an enterprise shall declare its information, the type of telecommunications services which are provided and pieces of information related to quality of its services.
- The Government shall elaborate the list of telecommunications services subject to registration and notification of provision; conditions for provision of telecommunications services subject to registration; and procedures for registration and notification of provision of telecommunications services.
When will an organization or enterprise pay the fee for the right to operate telecommunications in Vietnam?
Pursuant to Article 43 of the Law on Telecommunications 2023, regulations on fee for the right to operate telecommunications are as follows:
Fee for the right to operate telecommunications
1. Fee for the right to operate telecommunications is a sum of money paid by an organization or enterprise engaged in telecommunications activities to the State to be entitled to establish a telecommunications network or provide telecommunications services. This fee shall be determined on the basis of scope and scale of the telecommunications network and telecommunications service revenue; quantity and value of the allocated telecommunications resources; and use of space, ground surface, underground space, riverbed and seabed for establishment of the telecommunications network or construction of telecommunications works.
2. An organization or enterprise shall pay the fee for the right to operate telecommunications by one of the following methods:
a) Annual payment of the fee at a fixed amount;
b) Lump-sum payment of the fee at a fixed amount for the whole validity duration of the telecommunications license.
An organization or enterprise shall pay the fee for the right to operate telecommunications by one of the following methods:
- Annual payment of the fee at a fixed amount;
- Lump-sum payment of the fee at a fixed amount for the whole validity duration of the telecommunications license.
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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