Rights and obligations of telecommunications enterprises in Vietnam as of July 1, 2024

Rights and obligations of telecommunications enterprises in Vietnam as of July 1, 2024 (Internet image)

Regarding this issue, LawNet answers as follows:

The Law on Telecommunications 2023 was approved by the 15th National Assembly of the Socialist Republic of Vietnam, 6th session, on November 24, 2023.

What are Telecommunications enterprises?

Telecommunications enterprises are enterprises established in accordance with Vietnamese law and are permitted to provide telecommunications services in accordance with the Law on Telecommunications 2023.

Telecommunication enterprises include:

- Providers of services with network infrastructure are enterprises that establish, own public telecommunications networks and provide telecommunications services;

- Providers of services without network infrastructure are enterprises provide telecommunications services without establishing or owning public telecommunications networks.

(Clause 29, Article 3 of the Law on Telecommunications 2023)

Rights and obligations of telecommunications enterprises in Vietnam as of July 1, 2024

Specifically, Article 13 of the Law on Telecommunications 2023 stipulates the rights and obligations of telecommunications enterprises in Vietnam as of July 1, 2024 as follows:

(1) A service provider without network infrastructure has the following rights:

- Build, install and own a system of telecommunications devices and transmission lines within locations of its public service establishments and points to provide telecommunications services for users;

- Hire transmission lines for connection between its system of telecommunications devices and public service establishments and points and public telecommunications networks of other telecommunications enterprises;

- Hire transmission lines or buy telecommunications traffic or services of other telecommunications enterprises for reseal to telecommunications service users;

- Sublease telecommunications infrastructure to other telecommunications enterprises in case where the telecommunications enterprise leasing such telecommunications infrastructure gives consent;

- Be provided with telecommunications resources under regulations of the Law on Telecommunications 2023 on management of telecommunications resources;

- Conduct study for development of, and test of new technologies and models in telecommunications activities;

- Exercise other rights according to regulations of the Law on Enterprises and other relevant laws.

(2) A service provider without network infrastructure also has the following obligations:

- Make financial contributions to Vietnam public-utility telecommunication service fund according to regulations of law;

- Take responsibility for the quality of services according to registered or announced standards; ensure the correct, adequate and accurate calculation of service charges under telecommunications service contracts;

- Be subject to the control by competent state agencies and comply with regulations on assurance of safety of telecommunications infrastructure and information security;

- Report, on a periodic or ad hoc basis, on its telecommunications activities according to regulations of the Minister of Information and Communications; and take responsibility for the accuracy and timeliness of reported contents and data.

- Implement measures to prevent connection to Internet addresses and domain names and other preventive measures applicable to the system of telecommunications devices, telecommunications services and telecommunications application services used to commit the acts specified in Clause 1 Article 9 of the Law on Telecommunications 2023 at written request of competent state agencies according to regulations of law;

- Prepare a plan for technical connections which meet requirements for state management of telecommunications according to regulations issued by the Minister of Information and Communications to serve data report by electronic means;

- Respond to requests of competent state agencies for mobilization of a part of or the entire telecommunications infrastructure or telecommunications services in emergency cases according to regulations of laws on national defense and security and emergency cases;

- Ensure that telecommunication subscribers retain subscriber numbers when the service provider is changed with regard to telecommunications services of the same type;

- Only provide telecommunications services for users whose information is adequate and consistent with that on personal documents presented upon entry into contracts according to regulations of law;

- Verify, store and use information about telecommunication subscribers, and handle SIM containing inadequate and incorrect information on telecommunication subscribers;

- Prevent and control illegal messages and calls according to the Government's regulations;

- Stop providing telecommunications services for telecommunication subscribers that commit violations against the law on telecommunications;

- Fulfill other obligations prescribed by law on enterprises and other regulations of relevant laws.

(3) A service provider with network infrastructure has the following rights:

- Have rights specified in Clause (1);

- Be prioritized for use of the space, ground surface, underground space, river bed, sea bed and land intended for public purposes in order to build telecommunications infrastructure under the planning, technical standards and regulations and relevant laws;

- Lease telecommunications infrastructure out to other telecommunications enterprises;

- Participate in provision of public-utility telecommunications services.

(4) A service provider with network infrastructure has the following obligations:

- Have obligations specified in Clause (2);

- Lease other telecommunications enterprises passive telecommunications technical infrastructure if consistent with the planning for passive telecommunications technical infrastructure and economically and technically feasible;

- Decommission and demolish telecommunications works under its ownership and management showing signs of danger and failing to ensure safe operation and use according to the law on construction;

- Carry out undergrounding and renewal of telecommunications cables

The Law on Telecommunications 2023 takes effect from July 1, 2024, except for the provisions in Clauses 3 and 4, Article 72 of the Law on Telecommunications 2023.

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