Conditions and procedures for stopping telecommunication service trading in Vietnam

Conditions and procedures for stopping telecommunication service trading in Vietnam (Internet image)

1. Condition for stopping telecommunication service trading in Vietnam

- Telecommunication enterprises are only allowed to suspend partly or all of telecommunication services if the following conditions are satisfied:

+ The lawful rights and interests of users of telecommunication services are ensured under the signed contract for use of telecommunication services;

+ Informing the specialized agencies on telecommunications of the event as defined in Clause 1 of Article 17 of Decree 25/2011/ND-CP.

- Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services are only allowed to stop the business in part or all telecommunication services directly related to the essential facilities, telecommunication services dominating the market, public-utility telecommunication services if the following conditions are satisfied:

+ Ensuring the lawful rights and interests of users of telecommunication services under the signed contract for use of telecommunication services;

+ Getting the written consent of the Ministry of Information and Communications under the provisions of Clauses 2 and 3 of Article 17 of Decree 25/2011/ND-CP;

+ In case of the suspension of trading the service, but not terminating their operation, they must provide users of telecommunication services with alternative telecommunication services, or switch the users to a equivalent telecommunication service of other telecommunication enterprises, or compensate for the users of services;

+ In case of suspension of trading service due to termination of their operation, reorganization plan or plans for bankruptcy and dissolution of enterprises must include measures to ensure the provision of telecommunication services will be continued to users.

(Article 16 of Decree 25/2011/ND-CP)

2. Procedures for suspension of telecommunication services trading in Vietnam

- Telecommunication enterprises other than telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services stop trading partly or all of the telecommunication services must submit documents for informing the suspension of providing services to the specialized management agencies in telecommunications at least 60 days before the expected date of cessation of the trading.

- Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services when stopping partly or all telecommunication services directly related to essential facilities, telecommunication services dominating the market, public-utility telecommunication services without terminating their operation must submit 03 sets of dossiers requesting for stopping telecommunication services trading to the Ministry of Information and Communications.

Within 30 working days after receiving the valid dossier, the Ministry of Information and Communication assess and send a written reply to the enterprise.

- Telecommunication enterprises holding essential facilities, telecommunication enterprises dominating the market, enterprises providing public-utility telecommunication services when suspending telecommunication services trading due to the end of their operation must submit 03 dossiers asking for an end to their telecommunication services trading to the Ministry of Information and Communications.

Within 60 working days from the date of receiving the valid dossier, the Ministry of Information and Communications coordinate with relevant agencies to determine the enterprise-reorganization plans or plans for bankruptcy or dissolution and reply in writing to the enterprise.

On the basis of the written reply of the Ministry of Information and Communications, the enterprise is obliged to carry out the plan of reorganization or plan of bankruptcy, dissolution as prescribed by laws.

- Notice of suspension of telecommunication services trading referred to in Clause 1 of this Article shall include the following information:

+ The services to be ceased, the time point to start stopping the trading, reasons for the suspension, scope of the suspension;

+ Measures and commitments to ensure the lawful rights and interests of users of telecommunication services and relevant parties.

- A dossier of application for suspension of telecommunication services trading referred to in Clauses 2 and 3 of this Article include:

+ An application for suspension of telecommunication services trading in the form issued by the Ministry of Information and Communications;

+ Report on business situation for service expected to be out of business: revenue, profits, output, market share, number of people using the service;

+ Measures and commitment to ensure the lawful rights and interests of users of telecommunication services and other stakeholders;

+ A reorganization plan or plans for bankruptcy, dissolution of enterprises, security measures to continue to provide telecommunication services to users in the event of termination due to cessation of business activities.

- Telecommunication enterprises shall take responsibility to notify users of telecommunication services and other related parties publish in the mass media about the suspension of telecommunication services trading at least 30 days before the official suspension of telecommunication services trading.

- In the case where the business license of telecommunication services is required to amend due to the suspension of services trading, management agencies specialized in telecommunication are obliged to require the telecommunication enterprises to modify the license in accordance with the clauses 1, 3, Article 24 of Decree 25/2011/ND-CP.

- Within 30 working days after the cessation of telecommunication services trading, telecommunication enterprises shall take responsibility to reimburse telecommunication resources that have been publicly allocated for the service or a portion of the services to be out of business (if any) .

(Article 17 of Decree 25/2011/ND-CP)

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