Newest guidance on connection to public telecommunications networks in Vietnam

Newest guidance on connection to public telecommunications networks in Vietnam (Image from the Internet)

1. What is a public telecommunications network?

According to Clause 15, Article 3 of the Law on Telecommunications 2023, a public telecommunications network is a telecommunications network established by a telecommunications enterprise to provide telecommunications services and telecommunications application services to the public for profit purposes.

2. Newest guidance on connection to public telecommunications networks in Vietnam

The connection to the public telecommunications network in Vietnam is regulated in Article 45 of the Law on Telecommunications 2023 as follows:

- Enterprises providing services with network infrastructure when connecting to the public telecommunications network have the following responsibilities:

+ Provide connections at any technically feasible point on the public telecommunications network;

+ Ensure connection promptly, reasonably, openly, and transparently;

+ Do not discriminate in service prices, technical standards, telecommunications technical regulations, network quality, and telecommunications services.

- Telecommunications enterprises holding essential means when connecting to the public telecommunications network have the following responsibilities:

+ Facilitate negotiations and the implementation of the connection of other telecommunications enterprises;

+ Develop, register with the state management agency in telecommunications, and publicly announce the sample connection agreement;

+ Implement the regulations at Clause 1, Article 45 of the Law on Telecommunications 2023.

- Telecommunications connection service prices are built on the basis of cost-forming factors, reasonably segmented according to network components or service stages, without discrimination among types of services.

- The Minister of Information and Communications stipulates the criteria for identifying and announcing the list of telecommunications enterprises holding essential means periodically; stipulates the connection of public telecommunications networks, negotiation, and resolution of connection disputes between telecommunications enterprises.

3. Guidance on sharing of telecommunications infrastructure in Vietnam

The sharing of telecommunications infrastructure in Vietnam is regulated in Article 47 of the Law on Telecommunications 2023 as follows:

- Sharing telecommunications infrastructure involves the joint use of parts of the network, construction works, telecommunications equipment in the following cases:

+ Sharing telecommunications infrastructure among telecommunications enterprises to ensure the efficient, convenient, and rapid establishment of telecommunications networks and provision of telecommunications services or to meet requirements on landscape, environment, and related planning; serving public telecommunications activities, search and rescue, disaster prevention, firefighting, other disasters, and epidemic prevention;

+ Sharing telecommunications infrastructure between telecommunications enterprises and agencies or organizations serving national defense and security purposes to ensure the performance of national defense and security tasks, search and rescue activities, disaster prevention, firefighting, other disasters, and epidemic prevention.

- The sharing of telecommunications infrastructure is implemented through contracts based on ensuring the legitimate rights and interests of the involved parties.

- In cases where the parties cannot agree on the price of sharing telecommunications infrastructure, negotiation shall be conducted according to legal regulations on pricing.

In cases where the parties cannot agree on other aspects of sharing telecommunications infrastructure, the competent state agency shall decide.

- The Government of Vietnam stipulates the detailed regulations on sharing telecommunications infrastructure.

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