Summary of rights and obligations in the telecommunications business in Vietnam

What are the regulations on the rights nd obligations in the telecommunications business in Vietnam? - Chi Bao (HCMC, Vietnam)

Summary of rights and obligations in the telecommunications business in Vietnam (Internet image)

1.  Forms of telecommunications business in Vietnam

In Article 13 of the Law on Telecommunications 2009, the forms of telecommunications business are as follows:

- Telecommunications business means provision of telecommunications services and trading in telecommunications commodities.

The provision of telecommunications services means investment in the public telecommuni­cations infrastructure and provision of telecom­munications services for the profit purpose.

The trading in telecommunications commodities means investment, manufacture, sale and purchase, or lease of telecommuni­cations software, supplies and equipment for the profit purpose.

- The provision of telecommunications services shall comply with this Law and other relevant laws.

The trading in telecommunications commodities shall comply with Articles 51 and 52 of the Law on Telecommunications 2009 and other relevant laws.

2. Rights and obligations of telecommunications businesses in Vietnam

Article 14 of the Law on Telecommunications 2009 stipulates the rights and obligations of telecommunications businesses as follows:

- Apart from the rights and obligations provided in the Law on Enterprises, service providers without network infrastructure also have the following rights and obligations:

+ To build, install and own systems of telecommunications equipment and transmission lines within locations of their public service establishments and points for providing telecommunications services to users;

+ To hire transmission lines for inter­connection of their systems of telecommunica­tions equipment and public service establishments and points and logging of these systems to public telecommunications networks of other telecommunications businesses:

+ To hire transmission lines or buy telecom­munications flows of other telecommunications businesses for resale to telecommunications service users;

+ To sublease telecommunications infrastruc­ture to other telecommunications businesses;

+ To be distributed the telecommunications resources under the telecommunications resource planning and regulations on management of telecommunications resources;

+ To perform public-utility telecommunica­tions tasks assigned by the State and make financial contributions to the Vietnam Fund for Public-Utility Telecommunications Services;

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

+ To submit to the control by competent state agencies and comply with regulations on assurance of safety of telecommunications infrastructure and information security;

+ To report, on a periodical basis or at the request of the specialized management agency in charge of telecommunications, on their operations; and to take responsibility for the accuracy and timeliness of reported contents and data.

- Providers of network infrastructure services have the following rights and obligations:

+ To use the space, ground surface, underground space, river bed and sea bed for building telecommunications infrastructure under the planning, technical standards and regulations;

+ To lease telecommunications infrastructure to other telecommunications businesses:

+ To participate in providing public-utility telecommunications services:

+ Other rights and obligations provided in Clause 2 of Article 14 of the Law on Telecommunications 2009.

3. Rights and obligations of telecommunications service agents in Vietnam

Article 15 of the Law on Telecommunications 2009 stipulates the rights and obligations of telecommunications service agents as follows:

Apart from the rights and obligations provided in the Commercial Law. telecommuni­cations service agents also have the following rights and obligations:

- To set up systems of terminal equipment at places used for provision of telecommunications services to users as agreed in telecommunications service agency contracts;

- To provide or resell telecommunications services under the Law on Telecommunications 2009;

- To refuse providing telecommunications services to users violating Article 12 of the Law on Telecommunications 2009 or at the request of competent state agencies;

- To comply with regulations on assurance of safety of telecommunications infrastructure and information security;

- To request telecommunications businesses entering into telecommunications service agency contracts to guide and supply information on telecommunications services and submit to inspection and control by these telecommuni­cations businesses;

- To provide telecommunications services within time limits set by local administrations:

- To provide telecommunications services of quality and at charge rates indicated in telecommunications service agency contracts.

4. Rights and obligations of telecommunications service users and telecommunications subscribers in Vietnam

Pursuant to Article 16 of the Law on Telecommunications 2009, the rights and obligations of telecommunications service users and telecommunications subscribers are as follows:

- Telecommunications service users have the following rights and obligations:

+ To select telecommunications businesses or telecommunications service agents for entry into telecommunications use contracts:

+ To request telecommunications businesses and telecommunications service agents to provide necessary information related to the use of or telecommunications services;

+ To use or telecommunications services of quality and at charge rates indicated in telecommunications service use contracts:

+ To refuse using some or all telecommuni­cations services under telecommunications service use contracts;

+ To have their private information kept confidential under law;

+ To complain about service charge rates and quality; to be refunded service charges or enjoy compensations for other direct damage caused by telecommunications businesses or telecommunications service agents;

+ To pay fully and on time telecommuni­cations service charges;

+ To pay compensations for direct damage caused by them to telecommunications businesses or telecommunications service agents;

+ To take responsibility before law for information transmitted, sent or stored on telecommunications networks:

+ To refrain from using their telecommuni­cations infrastructure to commercially provide telecommunications services.

- Telecommunications subscribers have the following rights and obligations:

+ To design and install or hire other organizations or individuals to design and install subscriber terminal equipment and intranets from their places of service use to the terminal point of the public telecommunications network;

+ To comply with regulations on management of telecommunications resources and telecommunications technical standards and regulations;

+ To provide adequate and accurate their vital information to telecommunications businesses upon entry into telecommunications service use contracts;

+ To protect their passwords, keywords and subscriber terminal equipment;

+ The rights and obligations provided in Clause 1 of Article 16 the Law on Telecommunications 2009.

Ngoc Nhi

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