Circular No. 04/2012/TT-BTTTT dated April 13, 2012 of the Ministry of Information and Communications on the management of prepaid mobile subscribers

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 04/2012/TT-BTTTT of April 13, 2012, on the management of prepaid mobile phone subscribers

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the Government’s Decree No. 25/2011/ND-CP of April 6, 2011, detailing and guiding the implementation of a number of articles of the Law on Telecommunications;

Pursuant to the Government’s Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications, which was amended and supplemented by Decree No. 50/2011/ND-CP of June 24, 2011;

At the proposal of the director of the Vietnam Telecommunications Authority;

The Minister of Information and Communications promulgates this Circular to provide the management of prepaid mobile phone subscribers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the management of prepaid mobile phone subscribers, including registration, storage and use of subscriber information and numbers of individuals and representatives of agencies or institutions using prepaid land mobile telecommunications services.

Article 2. Subjects of application

This Circular applies to:

1. State administrative agencies at all levels directly involved in the management and use of prepaid mobile (phone) services.

2. Mobile telecommunications service providers.

3. Subscriber identification module (SIM) card distribution agents.

4. Owners of subscriber information registration points.

5. Prepaid mobile subscribers.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Prepaid land mobile telecommunications service (below referred to as prepaid mobile phone service) means a service for which a service user must prepay a charge to the mobile telecommunications service provider in the form of transferring money to a mobile subscriber account assigned to a prepaid SIM card or a prepaid mobile terminal (of types not using a SIM card) or similar forms.

2. Mobile telecommunications service provider (below referred to as mobile service provider) means a telecommunications enterprise licensed by the Ministry of Information and Communications to establish a land mobile telecommunications network and provide land mobile telecommunications services.

3. SIM card distribution agent means an institution or individual that enters into a contract with a mobile service provider or another SIM card distribution agent that has entered into a contract with a mobile service provider to act as an agent for resale of SIM cards to other institutions and individuals.

4. Owner of a subscriber information registration point means an institution or individual that has entered into a contract on authorized receipt of subscriber information registrations with a mobile service provider.

5. Prepaid mobile subscriber (below referred to as a subscriber) means an individual or a person representing an agency or institution that uses prepaid mobile telecommunications services, including:

a/ A subscriber using prepaid mobile services;

b/ A subscriber using other prepaid mobile telecommunications services as specified by the Ministry of Information and Communications.

6. Prepaid mobile subscriber information database means a combination of equipment and devices (including both hardware and software) which are interconnected to serve the updating, storage, management and use of subscriber information of a mobile service provider.

7. SIM card means subscriber identification module card used in mobile subscriber devices and containing information on the mobile subscriber number, services that the subscriber can use and the mobile service provider. There are three types of SIM cards as follows:

a/ SIM card without registered subscriber information, for which a mobile subscriber number and services have been declared, with or without money in the subscriber account, and there is no information on the subscriber in the subscriber information database;

b/ SIM card with registered subscriber information, for which a mobile subscriber number and services have been declared, with or without money in the subscriber account (including original account and promotions), and information on the subscriber already exists on the subscriber information database after the user registers subscriber information in accordance with this Circular. This type of SIM card is divided into two categories:

- Inactivated cards;

- Activated cards which can be used for both incoming and outgoing calls or for only incoming calls or which is locked in both incoming and outgoing calls but still in the prescribed service time;

c/ Multi-function SIM card, which is a SIM card having the function of online subscriber information registration in addition to the functions mentioned at Points a and b of this Article.

Article 4. Principles of registration, storage and use of subscriber information

1. Registration methods and procedures must be rational and simple, causing no trouble and no extra-cost for subscribers.

2. Subscriber information must be registered and stored in a uniform, centralized and reliable manner and used for proper purposes.

3. Subscriber information must be kept confidential in accordance with law, except when:

a/ Subscribers consent to the provision of their information;

b/ Mobile service providers enter into written agreements with one another on the exchange and provision of subscriber information for managing service charges and preventing subscribers from shirking their contractual obligations;

c/ Competent state agencies so request in accordance with law.

Article 5. Prohibited acts in the registration, storage and use of prepaid mobile subscriber information

1. Using another person’s identity card or passport to register subscriber information.

2. Using one’s identity card or passport to register subscriber information for other persons, except the case specified in Clause 2, Article 7 of this Circular.

3. Activating prepaid mobile services for a subscriber who has not yet registered subscriber information in accordance with regulations.

4. Trading in or marketing activated SIM cards without registered subscriber information (without registered subscriber information or with subscriber information registered in contravention with Article 7 of this Circular).

5. Illegally disclosing or using prepaid mobile subscriber information.

6. Trading in, marketing or using multiple-function SIM cards to register subscriber information, or devices with the function of activating SIM cards without having to unlocking them.

Chapter II

REGISTRATION, STORAGE AND USE OF PREPAID MOBILE SUBSCRIBER INFORMATION

Article 6. Subscribers subject to registration

All subscribers defined in Clause 5, Article 3 of this Circular shall register subscriber information, including:

1. Subscribers that purchase new SIM cards for use of prepaid mobile services.

2. Subscribers that are using prepaid mobile services but have not yet registered subscriber information.

3. Subscribers that change registered subscriber information.

Article 7. Procedures for subscriber information registration

1. Subscribers defined in Article 6 shall personally make registration at subscriber information registration points, supplying their subscriber numbers and producing their identity cards (or passports) for those with Vietnamese nationality, or valid passports for those with foreign nationality, or letters of introduction enclosed with copies of business registration certificates or establishment licenses of agencies or institutions for representatives of these agencies or institutions, to staff members or owners of subscriber information registration points (below referred to as transaction staff member); fill information to be registered in the “prepaid mobile subscriber information declaration” form issued by service providers.

2. Under-14 persons (without identity cards or passports) must be guaranteed by their parents or guardians in making registration in accordance with law.

3. A prepaid mobile subscriber information declaration must at least contain the following details:

a/ For subscribers being individuals with Vietnamese nationality:

- Full subscriber phone number (network code and subscriber number);

- Full name of the subscriber (as indicated in his/her identity card or passport);

- Date of birth of the subscriber;

- Serial number of the subscriber’s valid identity card or passport, place and date of issuance.

b/ For subscribers being individuals with foreign nationality:

- Full subscriber phone number (network code and subscriber number);

- Full name of the subscriber (as indicated in his/her passport);

- Date of birth of the subscriber;

- Nationality of the subscriber;

- Serial number of the subscriber’s valid passport, place and date of issuance;

- Visa which remains valid for use in Vietnam.

c/ For subscribers being representatives of agencies or institutions:

- Full subscriber phone number (network code and subscriber number);

- Transaction name and address of the agency or institution (as indicated in the letter of introduction);

- Full name of the representative;

- Date of birth of the representative;

- Serial number of the representative’s valid identity card or passport, place and date of issuance.

4. Upon receiving subscriber information for registration, a transaction staff member shall request the subscriber to provide a copy of his/her identity card or passport for filing and its original for comparison; photocopy or scan such identity card or passport (for subscriber information registration points in wards of urban districts, towns or provincial cities); check and compare information in such identity card and passport with information filled in the prepaid mobile subscriber information declaration. If discovering that the information in the prepaid mobile subscriber information declaration is inconsistent with the produced identity card or passport, or that the produced identity card or passport is invalid, the transaction staff member may not accept registered information and notify the non-acceptance to the subscriber.

5. A photocopy or scanned copy of an identity card or passport and subscriber information properly registered at a subscriber information registration point must be updated on the centralized database of the mobile service provider within 12 hours after receiving a declaration for subscriber information registration, together with the name and address of the owner of the subscriber information registration point who has received the registration, via the Internet connection line between the point and the mobile service provider. It is prohibited to use SMS message, telephone or facsimile services or multiple-function SIM cards for registering and sending subscriber information.

6. Only after the properly registered subscriber information is updated on the centralized database of the mobile service provider, can this provider activate the registered subscriber numbers of subscribers.

7. When a subscriber transfers the right to use his/her activated SIM card which can be used for both incoming and outgoing calls or for only incoming calls or which has been locked in both incoming and outgoing calls but is still in the prescribed service time, the use right transferee shall re-register subscriber information within 10 working days after receiving the use right.

Article 8. Subscriber information registration points

1. Subscriber information can be registered at:

a/ Public telecommunications service provision points of telecommunications businesses;

b/ Subscriber information registration points authorized by mobile service providers under contracts to receive subscriber information registrations.

2. A subscriber information registration point must fully satisfy the following conditions:

a/ Legal conditions:

- The point owner being an individual must be aged full 18 years or older and have the Vietnamese nationality and a valid identity card or passport in accordance with regulations;

- The point owner being a business must have a valid business registration certificate;

- Having made a commitment to strictly complying with regulations on management of prepaid mobile subscribers with the mobile service provider that has signed a contract on authorized receipt of subscriber information registrations.

b/ Minimum conditions on location and transaction staff members:

- Having a location for fixed subscriber information registration at a clear address and a separate area for exclusive use as a place for receipt of prepaid mobile phone subscriber information registrations, and the lawful right to use this location and area;

- Having a separate area of at least 20 m2, for subscriber information registration points in wards of urban districts, towns or provincial cities; having a separate area of at least 10 m2, for subscriber information registration points in communes in remaining areas;

- Posting up the process and procedures for prepaid mobile phone subscriber information registration;

- Its transaction staff members and owner have been trained by the mobile service provider in the subscriber information registration process and procedures.

c/ Minimum conditions on equipment:

- Being equipped with a computer having software for storage of information, registration and management of subscribers and connected to the telecommunications business for transmission of subscriber information to the database of the telecommunications business;

- Being equipped with a photocopier or scanner, for subscriber information registration points in wards of urban districts, towns or provincial cities;

- Having a subscriber information registration point signboard.

3. Mobile service providers may only sign contracts on authorized receipt of prepaid mobile subscriber information registrations with individuals or businesses that fully satisfy the conditions specified in Clause 2 of this Article.

Article 9. Efficient use of the mobile number storage

1. Since the mobile number storage is limited, to assure the economical, efficient and fair use of telecommunications resources, each individual may use his/her identity card or passport number for registering no more than three (3) prepaid mobile subscriber numbers of each mobile information network. An individual representing an agency or institution may use his/her identity card or passport number for registering no more than one hundred (100) prepaid mobile subscriber numbers of each mobile information network.

2. The duration for a telecommunications business to retain on its system a subscriber number after it is locked in both incoming and outgoing calls is 30 days. After such duration, the subscriber number will be reused.

3. A subscriber shall start using prepaid mobile services specified in Clause 1 of Article 6 within 72 hours after completing the subscriber information registration at a subscriber information registration point. Upon the expiration of this time limit, if the subscriber fails to use the subscribed services, the registered subscriber information will be invalidated and the subscriber shall carry out registration procedures like new subscribers if wishing to use services.

Article 10. Storage of subscriber information

1. Subscriber information databases of mobile service providers which are built in a centralized and uniform manner in each provider for collecting, upgrading, storing and managing subscriber information must be scientifically, reliably and safely organized.

2. Subscriber information databases of mobile service providers must be ready for connection to the databases of state management agencies for use in the cases specified in Clauses 1 and 2 of Article 11.

3. Prepaid mobile subscriber information declarations must be preserved in written form for at least twelve (12) months from the date of registration, for inspection and double-checking by management agencies.

4. Identity card or passport copies must be preserved for at least twelve (12) months from the date of registration if they are in written form, or five (5) years from the date of registration if in electronic form, for inspection and double-checking by management agencies.

Article 11. Use of subscriber information

Subscriber information may be provided and used only for the following purposes:

1. Assurance of information safety and security.

2. State management of telecommunications networks, services and resources.

3. Network management and operation and service provision by mobile service providers.

Article 12. Checking of subscriber information

1. Mobile service providers shall organize and guide methods of access (on their websites) and notify them (via SMS message) to prepaid mobile subscribers so that the latter can know, access and check subscriber information of the subscriber numbers they are using. Checking methods must assure information confidentiality for users on the principle that subscribers can only check information of subscriber numbers they are using but not information of other subscriber numbers.

2. For the checking of subscriber information via SMS message, to check information of subscriber numbers they are using, subscribers shall text TTTB and send to 1414. After receiving a message from a subscriber, a mobile service provider shall send a reply to the subscriber, providing the registered information of the subscriber number, including the following principal details: full name; date of birth; identity card number; place of issuance.

Chapter III

RESPONSIBILITIES TO PERFORM REGISTRATION AND MANAGEMENT OF PREPAID MOBILE SUBSCRIBERS

Article 13. Responsibilities of state management agencies

1. The Ministry of Information and Communications shall:

a/ Direct its attached units and mobile service providers in disseminating this Circular through the mass media for the public and service users to comply with;

b/ Elaborate and promulgate plans on management of prepaid mobile subscribers in accordance with this Circular;

c/ Guide, examine and inspect the handling of violations and settlement of complaints and denunciations about the registration, storage and use of prepaid mobile subscriber information according to its competence and current laws;

d/ Assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of National Defense and provincial-level People’s Committees in, organizing the management of prepaid mobile subscribers in accordance with regulations;

e/ Build a technical system connected to mobile service providers to serve  the collection, storage and management of mobile subscriber data.

2. Provincial-level People’s Committees shall direct provincial-level Information and Communications Departments in:

a/ Assuming the prime responsibility for, and coordinating with provincial-level Public Security Departments in, guiding mobile information businesses and agents in their localities in registering, storing and using subscriber information in accordance with this Circular;

b/ Inspecting, examining and handling administrative violations and settling complaints and denunciations about the registration, storage and use of prepaid mobile subscriber information in their localities according to their competence and current laws;

c/ When detecting, through inspection or examination, that owners of subscriber information registration points in their localities commit the prohibited acts specified in Article 5 of this Circular, handling these administrative violations in accordance with regulations on management of prepaid mobile subscribers, requesting in writing mobile service providers to terminate authorization contracts with owners of subscriber information registration points, and concurrently notifying such to other mobile service providers so that they terminate or refrain from signing authorization contracts with these owners;

d/ When detecting, through inspection or examination, that owners of subscriber information registration points in their localities violate the provisions of Clause 2 of Article 8, requesting in writing mobile service providers to terminate authorization contracts with these owners.

Article 14. Responsibilities of mobile service providers

1. To build technical systems and databases to collect, store and manage subscriber information. To safely operate equipment systems for registration, storage and use of subscriber information in accordance with this Circular. To organize and coordinate with one another in organizing the connection of subscriber information databases to databases of specialized state management agencies in charge of telecommunications and national security.

2. To set up subscriber information registration points:

a/ In each ward or commune throughout the country, a mobile service provider that holds a controlling market share shall set up at least one subscriber information registration point by any of the following modes:

- Setting up on its own subscriber information registration points;

- Cooperating with other mobile service providers in jointly setting up subscriber information registration points;

- Signing an authorization contract with the Vietnam Post and Telecommunications Corporation, Viettel Post Joint-Stock Company or Saigon Post Center, for setting up subscriber information registration points at post offices or communal post-culture points;

- Signing an authorization contract with another mobile service provider for setting up subscriber information registration points at subscriber information registration points such provider has set up on its own.

b/ In each district, town or provincial city, a mobile service provider that holds a controlling market share shall set up on its own at least one subscriber information registration point. Each of other mobile service providers shall set up at least one subscriber information registration point by any of the following modes:

- Setting up on its own subscriber information registration points;

- Cooperating with other mobile service providers in jointly setting up subscriber information registration points;

- Signing an authorization contract with the Vietnam Post and Telecommunications Corporation, Viettel Post Joint-Stock Company or Saigon Post Center, for setting up subscriber information registration points at post offices or communal post-culture points;

- Signing an authorization contract with another mobile service provider for setting up subscriber information registration points at subscriber information registration points such provider has set up on its own.

3. Based on the Ministry of Information and Communications’ plans on management of prepaid mobile subscribers, to elaborate, implement and report on their plans on management of prepaid mobile subscribers to the Ministry of Information and Communications.

4. To elaborate, issue, and organize the implementation of, the process and procedures for subscriber information registration provided in Article 7.

5. To update statistics and report, on a quarterly basis and by every year-end, to provincial-level Information and Communications Departments on subscriber data and lists of subscriber information registration points in their localities. A list of subscriber information registration points contains the names and addresses of owners of subscriber information registration points and is enclosed with copies of their identity cards or passports and business registration certificates.

6. To sign contracts on authorized registration of prepaid mobile subscriber information with businesses or individuals that fully satisfy the conditions specified in Article 8. Such an authorization contract must have a term that allows the mobile service provider to unilaterally suspend or terminate the contract when the owner of the subscriber information registration point violates the provisions of Article 5 and Clause 2, Article 8 of this Circular and breaches commitments in the authorization contract.

7. To disseminate this Circular and guidance on their plans and process of prepaid mobile subscriber information registration among owners of subscriber information registration points and subscribers.

8. To organize, inspect and supervise the observance of regulations and documents guiding this Circular and their procedures for prepaid mobile subscriber information registration by owners of subscriber information registration points.

9. To terminate contracts on authorization for prepaid mobile subscriber information registration with owners of subscriber information registration points that commit the prohibited acts specified in Article 5 and Clause 2, Article 8 of this Circular at the request of provincial-level Information and Communications Departments in their localities. For owners of subscriber information registration points that violate Article 5, in addition to termination of authorization contracts, to notify such in writing to provincial-level Information and Communications Departments in their localities so that the latter request in writing other mobile service providers to terminate contracts on authorization for prepaid mobile subscriber information registration with these violating owners and may only renew authorization contracts with them 2 years after the termination.

10. To fully provide identity card or passport numbers of subscribers for the inspection and double-checking of registered prepaid mobile subscriber information to detect and handle violations of regulations on management of prepaid mobile subscribers.

11. To settle customer complaints about their registration, storage and use of prepaid mobile subscriber information.

12. To submit to the inspection and examination by competent state management agencies in accordance with law.

13. To guide subscribers in making re-registration at authorized subscriber information registration points after receiving their notices or detecting inaccurate registered information through examination.

14. To report to the Ministry of Information and Communications periodically or upon request on activities of management of prepaid mobile subscribers specified in this Circular. Before the 10th day every month, to report to the Ministry of Information and Communications on the subscriber information registration in the preceding month.

15. To take the initiative in coordinating with the Vietnam Post and Telecommunications Corporation, Viettel Post Joint-Stock Company or Saigon Post Center in using communal post-culture points or post offices of all levels for subscriber information registration.

16. To take the initiative in organizing and coordinating with central and local press agencies in disseminating regulations on management of prepaid mobile subscribers.

17. To disclose and post on their websites lists of owners of subscriber information registration points authorized to carry out the registration of prepaid mobile subscriber information.

18. To provide telephone numbers of their on-duty sections to provincial-level Information and Communications Departments to serve the management of prepaid mobile subscribers.

Article 15. Responsibilities of owners of subscriber information registration points

1. To fully satisfy the conditions specified in Clause 2 of Article 8.

2. To verify, double-check, register and manage prepaid mobile subscriber information in strict accordance with this Circular and the process of prepaid mobile subscriber information registration issued by mobile service providers.

3. To check, update and promptly and accurately transmit prepaid mobile subscriber information data registered at their subscriber information registration points to mobile service providers.

4. To settle subscriber complaints about the registration and management of subscriber information registered with them.

5. To submit to the inspection or examination by, and comply with inspection or examination decisions of, competent state management agencies in accordance with law.

6. To notify mobile service providers, provincial-level Information and Communications Departments or competent agencies of violations detected in the course of registration, storage and use of prepaid mobile subscriber information, if any.

Article 16. Responsibilities of prepaid mobile subscribers

1. To register subscriber information in accordance with this Circular.

2. To create necessary conditions for competent state agencies, mobile service providers and owners of authorized subscriber information registration points to verify and certify provided subscriber information so as to protect their rights and interests in the course of using mobile services.

3. To take responsibility before law for the truthfulness of subscriber information they have registered.

4. To re-register subscriber information in case of subscriber change.

5. To notify mobile service providers or owners of authorized subscriber information registration points or competent agencies of violations detected in the course of registration, storage and use of prepaid mobile subscriber information.

Article 17. Responsibilities of SIM card distribution agents

1. To comply with signed contracts on SIM card distribution and the provisions of this Circular.

2. To submit to the inspection or examination by, and comply with inspection or examination decisions of, competent state management agencies in accordance with law.

3. To notify mobile service providers, provincial-level Information and Communications Departments or local competent state agencies of violations detected in the course of SIM card distribution, or registration, storage and use of prepaid mobile subscriber information.

Chapter IV

INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

Article 18. Inspection and examination

The inspection and examination of the registration, storage and use of prepaid mobile subscriber information provided in this Circular shall be performed by specialized Information and Communications inspectorates in accordance with the Law on Inspection and other relevant guiding documents.

Article 19. Handling of violations

1. The sanctioning of administrative violations in the management of prepaid mobile subscribers complies with the Government’s Decree No. 83/2011/ND-CP of September 20, 2011, on the sanctioning of administrative violations in the telecommunications sector.

2. Mobile service providers, owners of subscriber information registration points, SIM card distribution agents and prepaid mobile service users that violate the provisions of this Circular shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability in accordance with law.

3. To serve the imposition of additional sanctions specified in Clause 7, Article 19 of the Government’s Decree No. 83/2011/ND-CP of September 20, 2011, on the sanctioning of administrative violations in the telecommunications sector, against the violations specified in Clause 4, Article 5 of this Circular, mobile service providers shall keep intact subscriber numbers, accounts and service time from the time SIM cards are confiscated. The confiscation and remittance into the state budget of money amounts on accounts in confiscated SIM cards comply with administrative violation sanctioning decisions of competent state agencies and the guidance of the Ministry of Information and Communications.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20. Effect

This Circular takes effect on June 1, 2012, and replaces the Ministry of Information and Communications’ Circular No. 22/2009/TT-BTTTT of June 24, 2009, promulgating the Regulation on management of prepaid mobile subscribers.

Article 21. Transitional provisions

1. Subscriber information registration points that fail to satisfy the conditions specified in Clause 2 of Article 8 must stop registering prepaid mobile subscribers 6 months after the effective date of this Circular.

2. If failing to register subscriber information as required or providing inaccurate information within 3 months after the effective date of this Circular, prepaid mobile subscribers defined in Article 6 of this Circular will no longer be provided with services. If wishing to continue using services, these subscribers shall carry out registration procedures like new subscribers.

3. Within 6 months after the effective date of this Circular, mobile service providers shall organize and guide methods of access on their websites so that mobile subscribers can know, access and check subscriber information of the subscriber numbers they are using in accordance with Clause 1 of Article 12.

4. Within 3 months after the effective date of this Circular, mobile service providers shall set up their subscriber information registration points in accordance with Point b, Clause 2 of Article 14.

6. Within 6 months after the effective date of this Circular, mobile service providers shall set up their subscriber information registration points in accordance with Point a, Clause 2 of Article 14.

Article 22. Organization of implementation

The director of the Office, the Chief Inspector, the director of the Vietnam Telecommunications Authority, heads of agencies and units of the Ministry of Information and Communications, directors of provincial-level Information and Communications Departments, directors general or directors of mobile service providers and related institutions and individuals shall implement this Circular.-

Minister of Information and Communications
NGUYEN BAC SON