Will the entire Law on Telecommunications 2023 come into force from July 1, 2024? What is the provision of basic telecommunications services on the internet in Vietnam?
Vietnam: Will the entire Law on Telecommunications 2023 come into force from July 1, 2024?
Law on Telecommunications 2023 is approved in the 6th session of the 15th National Assembly of the Socialist Republic of Vietnam in November 24, 2023.
This Law applies to Vietnamese organizations and individuals, foreign organizations and individuals that directly or indirectly participate in or are involved in telecommunications activities in Vietnam
Pursuant to Article 72 of the Law on Telecommunications 2023, the provisions 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.
It can be seen that the Law on Telecommunications 2023 comes into force from July 1, 2024 except for the following 2 cases:
- Regulations on provision of basic telecommunications services on the Internet, data center services and cloud computing services in Article 28 and Article 29 of Law on Telecommunications 2023 come into force from January 1, 2025.
- 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 Law on Telecommunications 2023 come into force from January 1, 2025.
Will the entire Law on Telecommunications 2023 come into force from July 1, 2024? What is the provision of basic telecommunications services on the internet in Vietnam?
What are telecommunications services in Vietnam according to the latest regulations?
Pursuant to the provisions of Article 3 of the Law on Telecommunications 2023, telecommunications services include basic telecommunications services and value-added telecommunications services.
- Basic telecommunications services are services including sending, transmission, and receipt of information between two people or a group of people using telecommunications services among terminal devices via a telecommunications network.
- Value-added telecommunications services are services that provide additional functions including processing, storage, and extraction of information for users via sending, transmitting, receiving information on a telecommunications network.
Basic telecommunications services on the internet are services that provide primary functions including sending, transmission, and receipt of information between two people or a group of people using telecommunications services on the internet.
What are the regulations on provision of basic telecommunications services on the internet in Vietnam?
Pursuant to Article 28 of the Law on Telecommunications 2023, regulations on provision of basic telecommunications services on the internet are as follows:
- Enterprises providing basic telecommunications services on the internet have the following rights:
+ Invest in provision of basic telecommunications services on the internet without limits to share/stock holdings or contribution percentages of
+ Have the rights specified in points a, b, dd, e and g Clause 1 Article 13, Clause 3 Article 40, Clause 2 Article 62 of the Law on Telecommunications 2023.
- Enterprises providing basic telecommunications services on the internet have the following obligations:
+ Register and notify provision of telecommunications services according to regulations in Article 41 of the Law on Telecommunications 2023;
+ Comply with regulations in Clauses 1, 2, 3, 4 and 6 Article 5, Article 6, Article 9, Points b, c, d, g, l and n Clause 2 Article 13, Clauses 1, 3 and 4 Article 20, Article 22, Clause 1 and Clause 3, Article 23, Clause 2, Article 40 of the Law on Telecommunications 2023;
+ Comply with regulations in Article 58, Clause 3, Article 59, Article 60, Clause 1 and Clause 3, Article 62 of the Law on Telecommunications 2023 in case they provide services for users and collect charges for such services;
+ Store and manage information about users of telecommunications services provided when they enter into telecommunications service contracts according to the Government’s regulations;
+ In case where it is required to access functions on terminal devices of users to provide services, notify these users of such access and obtain their consent before access to functions;
+ Announce quality of their services in case where they own network infrastructure or reach agreement with telecommunications enterprises owning network infrastructure; announce quality of their services according to quality of telecommunications networks and services managed and provided by other telecommunications enterprises in case where they do not own network infrastructure or reach agreement with telecommunications enterprises owning network infrastructure.
- The Government shall elaborate rights and obligations of foreign enterprises providing basic telecommunications services on the internet across the border for service users in the Vietnamese territory on principles of respect for the national independence, sovereignty, mutual respect, assurance about information security and safety and general commitments indicated in international treaties to which the Socialist Republic of Vietnam is a signatory.
Thư Viện Pháp Luật