Which entities have the right to resale telecommunications services? How to provide telecommunications services across the border for telecommunications service users in the Vietnamese territory?
Which entities have the right to resale telecommunications services in Vietnam?
Resale of telecommunications services means a telecommunication enterprise or telecommunications service agent to provide telecommunications services by leasing or buying telecommunications traffic or service under a contract with another telecommunication enterprise
Pursuant to Article 14 of the Law on Telecommunications 2023, the rights and obligations of telecommunications service agents are prescribed as follows:
Rights and obligations of telecommunications service agents
1. A telecommunications service agent has the following rights:
a) 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;
b) Provide or resell telecommunications services under this Law;
c) Request the telecommunications enterprise to sign the telecommunications service agency contract to provide guidance and supply information on telecommunications services;
d) Stop providing telecommunications services for users that commit violations against the law on telecommunications;
d) Exercise other rights prescribed by the Commercial Law and other regulations of relevant laws.
Thus, telecommunications service agents have the right to resale telecommunications services.
Which entities have the right to resale telecommunications services? How to provide telecommunications services across the border for telecommunications service users in the Vietnamese territory? (Image from the Internet)
What are the regulations on telecommunications wholesaling and provision of telecommunications services in Vietnam under the Law on Telecommunications 2023?
* Telecommunications wholesaling according to Article 16 of the Law on Telecommunications 2023 as follows:
- Telecommunications wholesaling means a telecommunications enterprise to lease its telecommunications network out to or sell its telecommunications traffic or service to another telecommunications enterprise for provision of telecommunications services.
- Telecommunications wholesaling shall comply with the following regulations:
+ Provide services and their prices and relevant conditions in a fair, reasonable and non-discriminatory manner;
+ Give information on prices, technical standards and regulations on telecommunications, quality of telecommunications networks and services in a transparent manner.
- The Minster of Information and Communications shall elaborate telecommunications wholesaling.
* Provision of telecommunications services according to Article 20 of the Law on Telecommunications 2023 as follows:
- 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 the Law on Telecommunications 2023.
- The provision of telecommunications application services shall comply with regulations of this Law on connection and management of telecommunications resources, technical standards and regulations on telecommunications and other relevant laws.
- Telecommunications services shall be provided for users on the basis of telecommunications service contracts signed by telecommunications enterprises, telecommunications services agents and users.
- Telecommunications service providers shall register standard form contracts or general trading conditions according to regulations of the law on protection of consumers’ rights.
- Vietnamese telecommunications enterprises shall provide offshore telecommunications services under Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a signatory and laws of countries for which services are provided.
- The Government shall elaborate classification and provision of telecommunications services.
How to provide telecommunications services across the border for telecommunications service users in the Vietnamese territory?
Pursuant to Article 21 of the Law on Telecommunications 2023, the provision of telecommunications services across the border for telecommunications service users in the Vietnamese territory is as follows:
- The provision of telecommunications services across the border for telecommunications service users in the Vietnamese territory shall comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a signatory.
- Regarding the provision of telecommunications services under commitments of international treaties to which the Socialist Republic of Vietnam is a signatory, foreign organizations providing telecommunications services across the border shall fulfill obligations indicated in such commitments, meet requirements for national defense and security and public policies and comply with regulations in Clause 6 Article 5, Article 6, point b and point d Clause 2 Article 13 of the Law on Telecommunications 2023 and other regulations of the law on cybersecurity and information security.
- Telecommunications enterprises reaching commercial agreements with foreign organizations providing telecommunications services across the border for users in the Vietnamese territory shall prepare technical plans to ensure information security and urgently stop providing telecommunications services at the request of competent state agencies.
- The Government shall elaborate Clause 2 and Clause 3 of Article 21 of the Law on Telecommunications 2023.
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.
Thư Viện Pháp Luật