In Vietnam: How shall subscribers whose information fails to comply with regulations be handled?

In Vietnam: How shall subscribers whose information fails to comply with regulations be handled?

Pursuant to Clause 8.e Article 15 of the Decree 25/2011/NĐ-CP (amended by Article 1 of the Decree 49/2017/NĐ-CP) stipulating handling subscribers whose information fails to comply with regulations in Vietnam as follows:

Conclusion of standard form contracts or contracts containing general terms and conditions, retention and use of subscriber information

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8. Responsibility of telecommunications enterprise:

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dd) Formulate and implement internal procedures for checking subscriber information stored in its centralized database to ensure the strict adherence to regulations;

e) Give notification in five consecutive days, once every day, to subscribers whose information fails to comply with regulations herein, and request them to conclude new Contracts under provisions mentioned in Clauses 3, 4, 6 and 7 of this Article.

After 15 days as from the date of the first notification, one-way service shall be suspended if the client fails to make response, and the client is also informed that after 15 days as from the date of suspension of one-way service, two-way service shall be suspended if no response is made.  

After 15 days as from the date of suspension of one-way service, two-way service shall be suspended if no response is given by the client, and the client is also informed that after 30 days as from the date of suspension of two-way service, the Contract shall be finalized if the telecommunications enterprise receives no response from such client.

After 30 days as from the date of suspension of two-way service, the Contract for supply of telecommunications services shall be finalized if no response is given by the client;

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As regulations above, subscribers whose information fails to comply with regulations be shall be handled as follows:

- Telecommunications enterprise shall give notification in five consecutive days, once every day to subscribers whose information fails to comply with regulations herein, and request them to conclude new Contracts.

- In case subscribers don't follow the request:

+ After 15 days as from the date of the first notification, one-way service shall be suspended if the client fails to make response, and the client is also informed that after 15 days as from the date of suspension of one-way service, two-way service shall be suspended if no response is made.

+ After 15 days as from the date of suspension of one-way service, two-way service shall be suspended if no response is given by the client, and the client is also informed that after 30 days as from the date of suspension of two-way service, the Contract shall be finalized if the telecommunications enterprise receives no response from such client.

+ After 30 days as from the date of suspension of two-way service, the Contract for supply of telecommunications services shall be finalized if no response is given by the client;

What are the fines imposed on mobile telecommunications service providers for failing to connect the centralized database of the mobile telecommunications service provider with the database of Ministry of Information and Communications in Vietnam?

Pursuant to Clause 10.dd Article 33 of the Decree 15/2020/NĐ-CP stipulating as follows:

Violations against regulations on conclusion of standard form contracts or contracts containing general terms and conditions, retention and use of subscriber information

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10. A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed on a mobile telecommunications service provider for the commission of one of the following violations:

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dd) Failing to connect the centralized database of the mobile telecommunications service provider with the database of Ministry of Information and Communications or of Ministry of Public Security;

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Pursuant to Clause 3 Article 4 of the Decree 15/2020/NĐ-CP stipulating as follows:

Penalties and remedial measures

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3. The fines prescribed in Chapter II to Chapter VII hereof are imposed for administrative violations committed by organizations, except the administrative violations mentioned in Article 106 hereof. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation.

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As regulations above, a fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for failing to connect the centralized database of the mobile telecommunications service provider with the database of Ministry of Information and Communications in Vietnam.

What are the fines imposed on mobile telecommunications service providers for failing to adopt internal procedures for reviewing and checking subscriber information stored in the centralized database in Vietnam?

Pursuant to Clause 10.d Article 33 of the Decree 15/2020/NĐ-CP stipulating the fines for failing to adopt internal procedures for reviewing and checking subscriber information stored in the centralized database in Vietnam as follows:

Violations against regulations on conclusion of standard form contracts or contracts containing general terms and conditions, retention and use of subscriber information

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10. A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed on a mobile telecommunications service provider for the commission of one of the following violations:

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d) Failing to adopt internal procedures for reviewing and checking subscriber information stored in the centralized database;

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Pursuant to Clause 13 Article 33 of the Decree 15/2020/NĐ-CP (supplemented by Clause 16 Article 1 of the Decree 14/2022/NĐ-CP) stipulating as follows:

Violations against regulations on conclusion of standard form contracts or contracts containing general terms and conditions, retention and use of subscriber information

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13. Additional penalties:

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c) Suspend the development of new subscribers from 01 to 03 months for the violations specified in Clauses 9 and 10 of this Article;

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Pursuant to Clause 3 Article 4 of the Decree 15/2020/NĐ-CP stipulating as follows:

Penalties and remedial measures

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3. The fines prescribed in Chapter II to Chapter VII hereof are imposed for administrative violations committed by organizations, except the administrative violations mentioned in Article 106 hereof. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation.

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As regulations above, a fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for failing to adopt internal procedures for reviewing and checking subscriber information stored in the centralized database in Vietnam.

In addition, the development of new subscribers shall be suspended from 01 to 03 months.

Best regards!