Vietnam: Failing to keep complete subscriber information shall be fined up to VND 20 million

In the past, it was quite easy to register a new phone subscription, it only took about 10-15 minutes for customers to register a new phone subscription. However, according to recent regulations, the registration of a telecommunications subscription may take longer because of the need to provide full personal information of the subscriber. The new regulation also specifies responsibilities and fines for telecommunications businesses if they do not get enough subscriber information as prescribed.

According to Decree No. 49/2017/NĐ-CP of Vietnam’s Government (effective from April 24, 2017), when entering into a model contract, the general transaction conditions for a customer's subscription, telecommunications service providers need to enter fully, accurately and fully store the following subscriber information:

- Subscriber numbers; user of each subscriber number: for individual client (subscriber number for the client himself/herself; for his/her biological or adopted child aged under 14; for his/her ward; for equipment); for organizational client (subscriber numbers for its employees; for equipment);

- Individual’s information as shown in his/her identity paper, including: full name; date of birth; nationality; number, date of issue, issuing authority or place of issue of identity paper; place of permanent residence (if client is a Vietnamese citizen);

- Organization's information as shown in documents, including: name of organization; head office's address; information in identity paper presented by the person concluding the Contract, and information in identity paper of each employee of the organization in line with the subscriber number used by such employee (if the organization grants power to its employee to use the subscriber number) under provisions in Point b of this Clause;

- Digital representations of documents presented by clients when concluding Contracts;

- Photos of persons who directly conclude Contracts (for mobile telecommunications services); digital representation of certificate of subscriber information or certificate of subscriber information bearing electronic signature (for prepaid telecommunications services);

- Billing method (prepaid or postpaid);

- Full name of advisor; time of concluding Contract; time of updating subscriber information (if subscriber information is updated by the client); the POS’s address and telephone number.

A fine ranging from VND 10,000,000 to VND 20,000,000 per POS shall be imposed on the mobile telecommunications service provider, provided that total fine shall not exceed VND 200,000,000 for each violation, if the POS fails to enter fully and accurately or fails keep enough subscriber information mentioned above.

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