Development of the Law on Telecommunications of Vietnam: Protect the interests of service users; promote competition, equality and international economic integration

One of the important contents mentioned in this draft Law is the issue of protecting the interests of service users; promoting competition, equality and international economic integration.

Protect the interests of service users

The Draft Law contains appropriate regulations to expand the participation of all economic sectors in the telecommunications business, especially in the field of establishing network infrastructure in order to deploy a wide-ranging telecommunications network, to close the digital gap between regions, especially for a part of people in remote, border and island areas in accordance with the policies of the Party and State.

The draft Law has specified the rights and responsibilities of service providers and service users (Articles 15, 16, 18). These regulations will ensure the interests of service users, improve service quality and diversify services. Regulations on management of charges and personal information contents to meet the needs of using telecommunications services and raise awareness of telecommunications service users to meet practical needs in life.

The provisions of the draft aim to universalize telecommunications services to each citizen, improve material and spiritual life and meet practical needs (Chapter 3). The State supports the provision of various types of telecommunications services from time to time for the purpose of building a nationwide information society, contributing to raising people's awareness, serving the management and leadership of the Party and State.

Promote competition

The Ordinance on Posts and telecommunications 2002 of Vietnam mainly regulates regulations on telecommunications techniques and operations while regulations on market and telecommunications business activities have not been clearly expressed while some countries have a separate law on telecommunications business (Telecommunication Business Act). To overcome this limitation of the Ordinance on Posts and telecommunications 2002, as well as to ensure compliance with practical conditions and international practices, the draft Law prescribes a chapter (Chapter 2) on telecommunications business. The provisions of this chapter on telecommunications enterprises; investment in telecommunications; competition in the telecommunications business; owned in a telecommunications business etc. will continue to promote competition and create conditions for all economic sectors to participate in telecommunications business in an equal, fair and transparent environment under the socialist-oriented market mechanism.

The provisions of the Draft Law have institutionalized Vietnam's commitments in the process of international economic integration, especially Vietnam's commitments in the World Trade Organization. The regulation of all economic sectors to invest in the telecommunications sector in order to create a healthy telecommunications business environment and collect foreign investment capital; new regulations have been promoted to promote competition, create conditions for all economic sectors to participate in telecommunications business in a fair and transparent environment under the socialist-oriented market mechanism.

Equality

The draft Law has expanded the participants in the telecommunications market (clauses 2 and 3, Article 14), separating enterprises providing telecommunications infrastructure and enterprises providing telecommunications services. The licensing of telecommunications has reduced administrative procedures and the number of licenses. The detailed regulation of the law on cross-ownership and economic concentration in the telecommunications business as well as regulations in charge management, connection, common use or sharing of infrastructure, which stipulate legal conditions on rights and obligations of enterprises participating in the telecommunications market created a transparent and equal legal environment for Vietnam's telecommunications market, promoting competition, and ensuring socialist orientation.

The Draft Law has developed new regulations related to competition in telecommunications such as non-cross-compensation of services converging between broadcasting, Internet, telecommunications, not use the advantage of network and service market share to limit the ability of new enterprises to enter the market creating conditions for building a healthy and perfect competitive market, bringing benefits in service quality and technology to service users. The draft Law on promoting investment and development of the telecommunications market on the principle of fair competition creates conditions for enterprises to attract investment capital and organize business according to the market mechanism.

Integration

New regulations on ownership in telecommunications investment have promoted the development of the market with the aim of strongly opening the telecommunications market to attract investment capital in finance as well as experience, human resources to ensure the scale and sustainable development of network infrastructure, besides still ensuring the State's right to manage telecommunications business over telecommunications networks (technical infrastructure) of special importance to socio-economic development, ensuring security, national defense and territorial integrity.

Besides, for foreign investors, the Draft Law allows foreign investors to invest in the telecommunications market on the basis of Vietnam's international commitments, especially the WTO commitments on the roadmap for opening up; investment form; capital contribution ratio etc.

Source: Ministry of Justice

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