Guiding the procedures for settling disputes in telecommunications connection in Vietnam

According to Article 22 of the Circular No. 07/2015/BTTTT of the Ministry of Information and Communications of Vietnam, telecommunications enterprises applying for dispute settlement are responsible for submitting directly or by post 1 application to the Vietnam Telecommunications Authority.

Specifically, application for dispute settlement shall include at least:

- An application form for dispute settlement containing seal and signature of the legal representative of telecommunications enterprises using form in Appendix 06 enclosed with Circular No. 07/2015/BTTTT;

- Relevant evidence and documents (if any).

Vietnam Telecommunications Authority is responsible for examining, collecting relevant information and evidence. The parties are responsible for providing sufficient information and evidence at the request of the Vietnam Telecommunications Authority.

Within 30 working days from the day on which the satisfactory application for dispute settlement is received, Vietnam Telecommunications Authority shall conduct a negotiation among the relevant parties. There shall be a record of the result of the negotiation containing signatures of legal representatives of the party members of the negotiation and the Vietnam Telecommunications Authority.

After the negotiation process, if the relevant party members can reach an agreement on the disputed content, the dispute will be settled according to the agreement. If the relevant party members can reach an agreement on the disputed content, within 15 working days from the day on which the negotiation is signed, the Vietnam Telecommunications Authority shall make a decision for settling the dispute.

However, during the settlement of disputes, the Vietnam Telecommunications Authority may consider and request the parties to ensure the interconnection conformable with the conditions before dispute arise or offer another solution to ensure the interconnection, in case:

- To ensure public benefits or the integrity of the telecommunications network;

- The dispute affects the business of other telecommunications enterprises;

- To ensure benefits of telecommunications service users, ensure the accessibility of telecommunications service users to emergency calls;

- To ensure the public telecommunications service;

- Other cases according to the regulations of the Ministry of Information and Communications.

Enterprises in dispute are responsible for immediately implementing the decision on settlement of disputes of the Vietnam Telecommunications Authority even in the case of disagreement with the decision and have a right to lodge complaints according to the provisions of laws.

View more details at the Circular No. 07/2015/BTTTT of the Ministry of Information and Communications of Vietnam, effective from May 10, 2015.

Thu Ba

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