General Provisions for Implementing Mobile Telecommunications Network Portability

Accordingly, Circular 35 stipulates that when implementing mobile telecommunications network transfer, the following regulations must be noted:

- The network transfer service is provided by enterprises supplying ground mobile telecommunications services equally, without discrimination against mobile subscribers.- The network transfer service is provided based on a commercial contract between the enterprise supplying ground mobile telecommunications services and the mobile subscriber.- The network transfer service does not include the continued provision of value-added services and telecommunications application services that the subscriber registered for network transfer is using at the Transferring Enterprise. The Transferring Enterprise must ensure that no charges for any value-added services and telecommunications application services arise from the time the service is cut for the subscriber registered for the network transfer service.- Enterprises providing ground mobile telecommunications services are responsible for agreeing, publishing, publicly posting, and uniformly applying fees and terms of use for the network transfer service. The network transfer service fees are calculated based on the following principles:

- Using revenue to cover costs, ensuring to compensate a part of the costs of the Transferring Enterprise, the Receiving Enterprise, and the Network and Service Development Support Center in coordinating the provision of the network transfer service;

- Periodically, the network transfer service fees may be adjusted accordingly to ensure that the network transfer does not negatively impact the ground mobile telecommunications service market.

- The network transfer service fees are non-refundable except in cases where the network transfer is unsuccessful due to technical errors of the network transfer system. Enterprises providing ground mobile telecommunications services and the network transfer center must agree and publicly announce the technical errors of the network transfer system. The network transfer center informs subscribers registering for the network transfer service about the reason for the unsuccessful network transfer.- The network transfer service fees are used to pay the Transferring Enterprise, the Receiving Enterprise, and the Network and Service Development Support Center. The network transfer service fees paid to the Network and Service Development Support Center are used to cover a part of the operation, maintenance, exploitation, and upgrading of the equipment system of the network transfer center to serve network transfer.- The number of network transfer subscribers reclaimed under the regulations on management and use of the telecommunications numbering plan or the regulations on the use of telecommunications services by the enterprise providing ground mobile telecommunications services to that subscriber must be returned to the Original Enterprise.- Enterprises providing ground mobile telecommunications services are only allowed to develop new subscribers from the subscriber number block allocated to that enterprise.- Subscribers registering for the network transfer service must complete all related obligations, commitments, and settle contracts with the Transferring Enterprise within a specified time but not exceeding 60 days from the time of successful network transfer. After the aforementioned time, network transfer subscribers who do not complete the related obligations, commitments, or do not settle contracts with the Transferring Enterprise must be returned to the Transferring Enterprise.- Participants in providing the network transfer service and using the network transfer subscriber database must ensure the confidentiality of information for subscribers registering for the network transfer service in accordance with legal regulations.- The short message service number 1441 is used to serve the network transfer operations. Mobile subscribers are exempt from any charges or fees when sending/receiving messages to/from the number 1441.- Ground mobile telecommunications services are provided to subscribers registering for the network transfer service based on the principle that the Transferring Enterprise cuts the service, followed by the Receiving Enterprise opening the service.- Enterprises providing ground mobile telecommunications services reconcile the difference in the number of network transfer subscribers periodically every quarter from the time the network transfer service is officially provided to the reconciliation time.

See details Circular 35/2017/TT-BTTTT effective from January 8, 2018.

-Thao Uyen-

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