Regulations on design, construction, and installation of telecommunications works in Vietnam as of July 1, 2024

Regulations on design, construction, and installation of telecommunications works in Vietnam as of July 1, 2024 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On November 24, 2023, the National Assembly officially passed the Law on Telecommunications 2023.

Regulations on design, construction, and installation of telecommunications works in Vietnam as of July 1, 2024

Pursuant to Article 65 of the Law on Telecommunications 2023, regulations on design, construction, and installation of telecommunications works in Vietnam are as follows:

(1) The design, construction, and installation of telecommunications works shall be consistent with the passive telecommunications technical infrastructure planning and comply with technical regulations on construction and telecommunications and other relevant laws.

(2) The system of infrastructural works including traffic works, utility poles, power lines, water supply and drainage pipes, public lighting and other technical infrastructure works shall be designed and constructed in conformity with relevant technical regulations to meet requirements for installation and protection of transmission lines and telecommunications works.

Passive telecommunications technical infrastructure is an essential component when the system of infrastructural works is designed in accordance with relevant technical regulations.

Owners of infrastructural work construction projects shall be responsible for sending information about their technical infrastructure construction projects to the state regulatory authority in charge of telecommunications or telecommunications authorities under provincial People’s Committees to notify telecommunications enterprises of registration of common use of their technical infrastructure.

(3) Telecommunications works constructed and installed in workplaces, public service facilities, land and assets of the armed forces, and infrastructure assets used for national and public interests, as specified in the Law on Management and Use of Public Assets, shall adhere to the following principles:

- Complying with Clause (1);

- Not affecting operations of authorities, organizations or units assigned to manage and use public assets or the utility of public assets where telecommunications facilities are installed;

- Ensuring technical feasibility; protecting landscape beauty, environment, safety and security.

(4) Telecommunications works shall be built and installed on a public asset under an agreement between the enterprise installing telecommunications works and the authority, organization, or unit assigned to manage and use such public asset provided that the principles specified in Clause 3 of this Article are applied. Proceeds from the agreements to install telecommunications works on public assets shall be managed and used in accordance with regulations of the law on management and use of public assets.

(5) Enterprises installing telecommunications works shall be responsible for preserving and maintaining such telecommunications works.

(6) Investors in construction of apartment buildings, public facilities, functional areas and industrial clusters specified in the law on housing and construction have the following obligations:

- Make plans for designing and constructing passive telecommunications technical infrastructure in conformity with technical regulations, ensuring consistency and synchronism in investment in construction and convenience for establishment of telecommunications infrastructure and provision and use of telecommunications services.

- Design and install, or organize design and installation of, telecommunications cable networks in apartment buildings and public facilities when constructing such apartment buildings and public facilities;

- Arrange sites for installation of antenna masts on building roofs and mobile transceiver systems in apartment buildings and public facilities if technically feasible;

- Allocate sites for construction of passive telecommunications technical infrastructure and installation of telecommunications devices in functional areas and industrial clusters.

(7) The design, construction, management, and use of passive telecommunications technical infrastructure, telecommunications cable networks, mobile transceiver systems in apartment buildings, public facilities, functional areas, and industrial clusters shall enable at least 02 telecommunications enterprises to provide services to users.

(8) Organizations that manage and operate apartment buildings, public facilities, functional areas, and industrial clusters shall be responsible for facilitating the construction, installation, use, renovation, and repair of passive telecommunications technical infrastructure, mobile transceiver systems, telecommunications cable networks in their respective apartment buildings, public buildings, functional areas, and industrial clusters.

(9) Before constructing passive telecommunications technical infrastructure, organizations and individuals shall notify telecommunications authorities under provincial People’s Committees.

More details can be found in the Law on Telecommunications 2023 takes effect on July 1, 2024 except for the following cases:

+ Regulations on provision of basic telecommunications services on the Internet, data center services and cloud computing services in Article 28 and Article 29 of the Law on Telecommunications 2023 come into force from January 1, 2025.

+ Regulations on payment of fees for maintenance and use of network codes and charges for registration and use of network codes at Point d, Clause 9, Article 50 and Clause 3, Article 71 of the Law on Telecommunications 2023 come into force from January 1, 2025.

The Law on Telecommunications 2009 has been amended according to the Law on Planning 2017 and Law on Competition 2018, which will expire from the effective date of the Law on Telecommunications 2023, except in cases where an organization or enterprise submits an application for a telecommunications license before the effective date of the Law on Telecommunications 2023 but has not been granted the license by July 1, 2024, it will be considered for a license in accordance with the Law on Telecommunications 2023 amended by the Law on Planning 2017 and Law on Competition 2018.

To Quoc Trinh

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