What does subscriber information include? Purposes of use of subscriber information in Vietnam

What does subscriber information include? Purposes of use of subscriber information in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What does subscriber information include?

According to Clause 5, Article 15 of Decree 25/2011/ND-CP (amended in Decree 49/2017/ND-CP), subscriber information includes:

- Subscriber numbers; user of each subscriber number: for individual client (subscriber number for the client himself/herself; for his/her biological or adopted child aged under 14; for his/her ward; for equipment); for organizational client (subscriber numbers for its employees; for equipment);

- Individual’s information as shown in his/her identity paper, including: full name; date of birth; nationality; number, date of issue, issuing authority or place of issue of identity paper; place of permanent residence (if client is a Vietnamese citizen);

- Organization's information as shown in documents, including: name of organization; head office's address;

Information in identity paper presented by the person concluding the Contract, and information in identity paper of each employee of the organization in line with the subscriber number used by such employee (if the organization grants power to its employee to use the subscriber number) under provisions in Point b of this Clause;

- Digital representations of documents presented by clients when concluding Contracts;

- Photos of persons who directly conclude Contracts (for mobile telecommunications services); digital representation of certificate of subscriber information or certificate of subscriber information bearing electronic signature (for prepaid telecommunications services);

- Billing method (prepaid or postpaid);

- Full name of advisor; time of concluding Contract; time of updating subscriber information (if subscriber information is updated by the client); the POS’s address and telephone number.

2. Purposes of use of subscriber information in Vietnam

According to Clause 10, Article 15 of Decree 25/2011/ND-CP (amended in Decree 49/2017/ND-CP), subscriber information in Vietnam shall be used for:

- Serving the guarantee of national security and social order;

- Serving the state management of telecommunications operations;

- Serving the management of professional operations, network operations and supply of services by telecommunications enterprises.

3. Rights and responsibilities of subscriber information in Vietnam

According to Clause 9, Article 15 of Decree 25/2011/ND-CP (amended in Decree 49/2017/ND-CP), the rights and responsibility of subscriber in Vietnam include:

- Present required documents/papers when concluding Contract in accordance with regulations in Clause 3 of this Article and assume responsibility for the legality of presented documents/papers;

- Only conclude Contract for using subscriber numbers for himself/herself, his/her biological or adopted children aged under 14 and his/her wards as regulated by law (if subscriber numbers are used by persons); for personal or family equipment (if subscriber number is provided to equipment). Organize the conclusion of Contract for subscriber numbers provided to employees and equipment of organizational subscriber;

- Assume responsibility under the law for use of subscriber numbers provided;

- In case of transfer of right to use subscriber number, the transferor and the transferee must conclude a new Contract for using such subscriber number with the telecommunications enterprise;

- Update subscriber information when having change to documents presented at the time of concluding Contract or as requested by the telecommunications enterprise as regulated;

- Check subscriber information stored in the telecommunications enterprise’s centralized database as regulated in Point i Clause 8 of this Article; ensure the accuracy of subscriber information in comparison with that in identity paper or certificate of legal entity of the subscriber.

The subscriber is responsible for updating/correcting subscriber information upon the detection of inaccurate information or as requested by the telecommunications enterprise as regulated.

- Request the telecommunications enterprise to finalize the Contract and terminate services provided to other entities using the information of the subscriber’s identity paper or certificate of legal entity.

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