Competition in the provision of telecommunications services in Vietnam

The Law on Telecommunications 2009 of Vietnam provides for telecommunications activities, including telecommunications investment and business; public-utility telecom­munications; telecommunications management; construction of telecommunications works: rights and obligations of organizations and individuals engaged in telecommunications activities.

Competition in the provision of telecommunications services is specified in the Law on Telecommunications 2009 of Vietnam as follows:

- Telecommunications businesses may not take acts of competition suppression or unfair competition as specified in the Law on Competition.

- Moreover, telecommunications businesses or groups of telecommunications businesses that dominate the market and telecommunications businesses that possess essential devices shall refrain from taking the following acts:

+ Clearing telecommunications services among them for the unfair competition purpose:

+ Taking advantage of their telecommuni­cations networks and essential devices to impede the market penetration or limit or cause troubles to provision of telecommunications services by other telecommunications businesses;

+ Using information obtained from other telecommunications businesses for the unfair competition purpose;

+ Failing to promptly provide to other telecommunications businesses technical information on essential devices and relevant commercial information necessary for the provision of telecommunications services.

- Telecommunications businesses or groups of telecommunications businesses that dominate the market or telecommunications businesses that possess essential devices shall make statistics on and conduct separate accounting of telecommunications services with dominant market shares to determine costs of these telecommunications services.

- In each period, the Ministry of Information and Communications shall promulgate a list of telecommunications businesses and groups of telecommunications businesses that dominate the market in important telecommunications services subject to competition management by the State, and a list of telecommunications businesses that possess essential devices; and devise and apply management measures to promote competition and assure fair competition in the provision of telecommunications services.

- Before embarking on the economic concentration, telecommunications businesses that have combined market share of 30-50% on the relevant service market shall notify it to the specialized management agency in charge of telecommunications.

This is the content specified in Article 19 of the Law on Telecommunications 2009 of Vietnam, effective from July 10, 2010.

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