Regulations on telecommunications wholesaling in Vietnam

Regulations on telecommunications wholesaling in Vietnam (Internet image)

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

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

Regulations on telecommunications wholesaling in Vietnam

Pursuant to Article 16 of the Law on Telecommunications 2023, regulations on telecommunications wholesaling are as follows:

- Telecommunications wholesaling means a telecommunications enterprise to lease its telecommunications network out to or sell its telecommunications traffic or service to another telecommunications enterprise for provision of telecommunications services.

- Telecommunications wholesaling shall comply with the following regulations:

+ Provide services and their prices and relevant conditions in a fair, reasonable and non-discriminatory manner;

+ Give information on prices, technical standards and regulations on telecommunications, quality of telecommunications networks and services in a transparent manner.

- The Minster of Information and Communications shall elaborate telecommunications wholesaling.

Regulations on market-leading telecommunications enterprises in Vietnam

Pursuant to Article 17 of the Law on Telecommunications 2023, regulations on  market-leading telecommunications enterprises and groups of market-leading telecommunications enterprises are as follows:

(1) The Government shall provide for criteria for determination of telecommunications service markets under management of the State, market-leading telecommunications enterprises and groups of market-leading telecommunications enterprises (hereinafter referred to as “market leaders”) in such markets.

(2) Pursuant to Clause (1), the Minister of Information and Communications shall issue a list of telecommunications service markets under management of the State and list of market leaders in such markets.

(3) Apart from obligations specified in Clause 2 and Clause 4 Article 13 of the Law on Telecommunications 2023, market leaders shall fulfill the following obligations to telecommunications service markets where they hold leading positions:

- Carry out telecommunications wholesaling upon request of other telecommunications enterprises according to regulations in Article 16 of the Law on Telecommunications 2023;

- Implement record-keeping of costs and determine costs of telecommunications services provided by the enterprises;

- Be prohibited from providing telecommunications services at prices below their costs, except for discounts and allowances according to regulations of law;

+ Reach agreements when carrying out telecommunications wholesaling according to regulations issued by the Minister of Information and Communications.

Law on Telecommunications 2023 takes effect on July 1, 2024 except in 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 will cease to be effective from the effective date of the Law on Telecommunications 2023, unless otherwise specified in Clause 4, Article 73 of the Law on Telecommunications 2023.

To Quoc Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE