Decree No. 163/2024/ND-CP detailing certain articles and measures for implementation of the Telecommunications Law in Vietnam
Decree No. 163/2024/ND-CP detailing certain articles and measures for implementation of the Telecommunications Law in Vietnam
On December 24, 2024, the Government of Vietnam promulgated Decree 163/2024/ND-CP detailing Clause 8 Article 5; Clause 3 Article 11; Points h, k, and m Clause 2 Article 13; Point d Clause 4 Article 13; Clause 1 Article 17; Clause 6 Article 19; Clause 6 Article 20; Clause 4 Article 21; Point b Clause 2 Article 22; Clause 4 Article 23; Point d Clause 2 and Clause 3 Article 28; Point h Clause 2 and Clause 5 Article 29; Clause 5 Article 33; Point b Clause 1, Point b Clause 2 Article 36; Point b Clause 2 Article 39; Clause 3 Article 41; Clause 4 Article 47; Clause 4 Article 61; Clause 3 Article 63; Clause 10 Article 65 of the Telecommunications Law 2023 concerning the following telecommunications activities:
- Telecommunications service business
- Telecommunications license
- Passive technical telecommunications infrastructure planning
- Telecommunications works
Decree 163/2024/ND-CP takes effect from December 24, 2024.
Decree No. 163/2024/ND-CP detailing certain articles and measures for implementation of the Telecommunications Law in Vietnam (Image from the Internet)
What are the methods for registering terrestrial mobile subscriber information in Vietnam?
Pursuant to Article 16 Decree 163/2024/ND-CP, the forms of registering terrestrial mobile subscriber information in Vietnam are stipulated:
Article 16. The forms of registering terrestrial mobile subscriber information
Terrestrial mobile subscriber information can only be registered in one of the following forms:
- Directly at the location directly owned and established by the enterprise providing terrestrial mobile telecommunications service (with a specific address or mobile).
- Directly at locations with a specific address set up by another enterprise, contracted and authorized by the enterprise providing terrestrial mobile telecommunications service to conduct the registration of subscriber information.
- Online through the application owned by the enterprise providing terrestrial mobile telecommunications services. Online registration of subscriber information only applies to the first 03 subscriber numbers per document as prescribed in Article 17 of this Decree. If the online application cannot verify subscriber information as stipulated in Article 18 of this Decree, registration must be conducted directly at the locations stipulated in Clauses 1 and 2 of this Article.
At each period, as necessary, the Ministry of Information and Communications will guide the establishment of subscriber information registration points and the online registration of subscriber information.
Register terrestrial mobile subscriber information in the following forms:
- Directly at the location directly owned and established by the enterprise providing terrestrial mobile telecommunications service
- Directly at locations with a specific address set up by another enterprise, contracted and authorized by the enterprise providing terrestrial mobile telecommunications service to conduct the registration of subscriber information.
- Online through the application owned by the enterprise providing terrestrial mobile telecommunications services.
What are rights of enterprises providing services with network infrastructure in Vietnam?
Pursuant to Clause 3, Article 13 of the Telecommunications Law 2023 stipulating the rights and obligations of telecommunications enterprises:
Article 13. Rights and obligations of telecommunications enterprises
[...]
- Enterprises providing services with network infrastructure have the following rights:
a) Rights stipulated in Clause 1 of this Article;
b) Priority use of space, ground, underground, riverbed, seabed, land for public purposes to build telecommunications infrastructure according to plans, standards, regulations, and related legal provisions;
c) Lease telecommunications infrastructure to other telecommunications enterprises;
d) Participate in providing public telecommunications services.
[...]
Enterprises providing services with network infrastructure have the following rights:
- To construct, install, and own telecommunications equipment systems and transmission lines within their premises and public service points to provide telecommunications services to users
- To lease transmission lines to connect their telecommunications equipment systems, premises, public service points with each other and with the public telecommunications networks of other telecommunications enterprises
- To lease transmission lines or purchase traffic, telecommunications services from other telecommunications enterprises to resell to telecommunications service users
- To sublease the telecommunications infrastructure they have leased to other telecommunications enterprises if agreed upon by the leasing telecommunications enterprise
- To be allocated telecommunications resources as per regulations
- To conduct research, develop, and trial new technologies and models in telecommunications activities
- Other rights as prescribed
- Priority use of space, ground, underground, riverbed, seabed, land for public purposes to build telecommunications infrastructure according to plans, standards, regulations, and related legal provisions
- Lease telecommunications infrastructure to other telecommunications enterprises
- Participate in providing public telecommunications services
