Cases of forcible termination of provision of telecommunications services in Vietnam (Newest regulations)

Cases of forcible termination of provision of telecommunications services in Vietnam (Internet image)

1. Cases of forcible termination of provision of telecommunications services in Vietnam

Pursuant to Article 40 of the Law on Telecommunications 2023, the cases of revocation of telecommunications licenses, forcible termination of provision of telecommunications services in Vietnam are as follows:

- An organization or enterprise will have its telecommunications license revoked if it falls under any of the following cases:

+ Engages in acts stipulated in Clause 1, Article 9 of the Law on Telecommunications 2023;

+ Engages in fraudulent acts or provides false information to obtain a telecommunications license;

+ Does not comply with the granted telecommunications license's content, causing significant harm to the rights and lawful interests of other organizations or individuals;

+ Fails to fully implement the commitment to deploy telecommunication networks or does not provide telecommunication services to the market after 2 years from the issuance date of the license, except in cases of force majeure or stipulated by Point g, Clause 1, Article 40 of the Law on Telecommunications 2023;

+ Ceases the telecommunication service business under the granted telecommunications license for 1 consecutive year without notifying the Ministry of Information and Communications;

+ Voluntarily returns the telecommunications business license;

+ Has all the allocated radio frequency resources revoked under the telecommunications business license stipulated by Point a, Clause 1, Article 35 of the Law on Telecommunications 2023 and does not amend, supplement, or reissue the telecommunications business license within 12 months from the date the radio frequency usage rights were revoked;

+ Fails to pay the full telecommunications activity fees after 12 months from the expiration date of the payment stipulated by the law on fees and charges as notified by the licensing authority to the organization or enterprise.

- Telecommunications service providers under the registration, notification form stipulated by Article 41 of the Law on Telecommunications 2023 must terminate their telecommunications service provision if they fall under any of the following cases:

+ Engages in acts stipulated in Clause 1, Article 9 of the Law on Telecommunications 2023;

+ Falls under the case stipulated by Point h, Clause 1, Article 40 of the Law on Telecommunications 2023;

+ Does not meet the conditions for providing telecommunications services for services supplied under the registration form;

+ Ceases the telecommunications service business for 1 consecutive year without notifying the Ministry of Information and Communications.

- After 1 year from the date of license revocation or termination of activity, organizations and enterprises falling under the cases stipulated by Points b, c, d, dd, e, g, and h, Clause 1, Points b, c, and d, Clause 2, Article 40 of the Law on Telecommunications 2023 have the right to submit an application for a telecommunications license or register, or notify the provision of telecommunications services.

- Organizations and enterprises having their license revoked under the case stipulated by Point a, Clause 1, Article 40 of the Law on Telecommunications 2023 or required to terminate telecommunications service provision under the case stipulated by Point a, Clause 2, Article 40 of the Law on Telecommunications 2023 will not be considered for a telecommunications license or for providing telecommunications services for the services stipulated by Article 41 of the Law on Telecommunications 2023.

2. Cases of exemption from telecommunications licenses, registration and notification of provision of telecommunications services in Vietnam

Organizations and individuals engaged in telecommunications activities are exempted from obtaining telecommunications licenses, registering or notifying provision of telecommunications services in Vietnam in the following cases:

- Trading in telecommunications goods;

- Providing telecommunications services in the form of telecommunications service agencies;

- Leasing transmission lines to provide telecommunications application services;

- Private telecommunications networks where the network members belong to the same organization and do not independently establish telecommunications transmission lines.

(According to Article 42 of the Law on Telecommunications 2023)

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