What is telecommunications? Types of telecommunications licenses under the law in Vietnam

What is telecommunications? Types of telecommunications licenses under the law in Vietnam (Internet image)

1. What is telecommunications?

According to Clause 1, Article 3 of the Law on Telecommunications 2009, telecommunications means the sending, transmission, reception and processing of signs, signals, data, writings, images, sounds or information of any other nature by cable, radio, optical and other electromagnetic devices.

2. Types of telecommunications licenses under the law in Vietnam

Specifically, in Clause 1, Article 34 of the Law on Telecommunications 2009, telecommunications licenses include licenses for commercial provision of telecommunications services and licenses for telecommunications operations.

Inside:

-  Licenses for provision of commercial telecommunications services include:

+ License for establishment of telecommuni­cations networks which is valid for 15 years or less and granted to service providers with network infrastructure:

+ License for provision of telecommunica­tions services which is valid for 10 years or less and granted to service providers without network infrastructure.

- Licenses for telecommunications operations include:

+ License for installation of undersea telecommunications cable lines which is valid for 25 years or less and granted to organizations that install undersea telecommunications cable lines ashore or across the internal waters, territorial seas, continental shelf or exclusive economic zones of Vietnam:

+ License for establishment of exclusive-use telecommunications networks which is valid for 10 years and granted to organizations that establish exclusive-use telecommunications networks:

+ License for testing of telecommunications networks and services which is valid for 1 year and granted organizations that test telecommunications networks and services.

(Clause 2 and 3, Article 34 of the Law on Telecommunications 2009)

3. Principles of grant of telecommunications licenses in Vietnam

The grant of a telecommunications license is based on the following principles:

- Telecommunications licenses shall be granted the national telecommunications development strategy and plan.

- Telecommunications licenses shall be granted first of all to projects which can be rapidly implemented in reality and involve commitments to provide long-term services to telecommunication service users: projects on provision on telecommunication services to deep-lying, remote and border areas, islands and areas with exceptionally difficult socio-economic conditions.

- In case the grant of telecommunications licenses involves the use of the telecommuni­cations resources, these licenses shall be considered for grant only if the allocation of the telecommunications resources is feasible and in line with the approved plan and ensures the effective use of the telecommunications resources.

- Organizations with telecommunications licenses shall take responsibility before law for the accuracy of their dossiers of application for telecommunications licenses and implementation of provisions of granted licenses and their commitments made with the licensing agency.

- Organizations with telecommunications licenses shall pay the charge for the right to telecommunications operation and the fee for grant of telecommunications licenses under the law on charges and fees.

(Article 35 of the Law on Telecommunications 2009)

4. Cases of revocation of telecommuni­cations licenses in Vietnam

According to Clause 1, Article 39 of the Law on Telecommunications 2009, an organization shall have its telecommunications license revoked if it falls into any of the following cases:

- The case specified in Clause 1. Article 12 of the Law on Telecommunications 2009:

- It has committed a fraudulent act or provided untruthful information to obtain a telecommunications license:

- It has operated at variance with the contents of the granted telecommunications license, causing serious consequences to legitimate rights and interests of other organizations and individuals:

- It has failed to implement in reality the contents of the granted telecommunications license for 2 years from the date of license grant;

- It has failed to notify the Ministry of Information and Communications of termination of provision of telecommunications services according to the granted telecommunications license for I whole year.

Thanh Rin

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