Circular No. 35/2017/TT-BTTTT dated November 23, 2017 of the Ministry of Information and Communicators on terrestrial mobile network porting

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 35/2017/TT-BTTTT dated November 23, 2017 of the Ministry of Information and Communicators on  terrestrial mobile network porting

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Government’s Decree No.17/2017/ND-CP dated February 17, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 on elaboration and guidelines for some articles of the Law on Telecommunications amended by the Government’s Decree No. 81/2016/ND-CP dated July 01, 2016 on amendments to some articles of the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 on elaboration and guidelines for some articles of the Law on Telecommunications and the Government’s Decree No. 49/2017/ND-CP dated April 24, 2017 on amendments to  Article 15 of the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 on elaboration and guidelines for some articles of the Law on Telecommunications and Article 30 of the Government’s Decree No. 174/2013/ND-CP dated November 13, 2013 on penalties for administrative violations against regulations on posts, telecommunications, information technology and radio frequency.

At the request of the Director of the Vietnam Telecommunications Authority,

The Minister of Information and Communications hereby adopts a Circular on terrestrial mobile network porting.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular regulates activities related to provision and use of terrestrial mobile network porting services.

Article 2.Subject of application

This Circular applies to the enterprises issued with the license for provision of terrestrial mobile network services, landline telephone services (local, international and domestic long-distance); terrestrial mobile information content service providers and relevant organizations and individuals.

Article 3. Definitions

1.“terrestrial mobile network porting (mobile network porting)”means the mobile subscriber of one terrestrial mobile information service provider is changed to the one of another terrestrial mobile information service provider while retaining the number (including network code and subscriber number).

2.“terrestrial mobile network porting service (mobile network porting services)”means a commercial activity between the mobile subscriber and the recipient operator in cooperation with another terrestrial mobile information service provider and Network Development and Service Center - the Department of Telecommunications.

3.“requesting subscriber”means a mobile subscriber that has completed procedures for registering mobile network porting service but has yet to be provided with terrestrial mobile network services by the recipient operator.

4.“ported subscriber”means a mobile subscriber that has successfully ported the number to the desired network.

5.“donor operator”means a provider that is providing terrestrial mobile information services for the requesting subscriber by the time the service is deactivated.

6.“recipient operator”means a provider that will be providing terrestrial mobile information services for the requesting subscriber from the date on which the service is activated.

7.“ported subscriber s original provider”means a provider which provides terrestrial mobile network services and to which the number block containing the ported subscriber number is allocated.

8.“porting schedule”means a plan for deactivating services provided by the donor operator and activating services provided by the recipient operator for the requesting subscriber.

9.“ported subscriber database”means a collection of relevant information about all mobile subscribers using the mobile network porting services, which is stored at the porting center.

10.“mobile network porting center”(hereinafter referred to as “porting center”)means a system of equipment that is managed, operated and used by the Network Development and Service Center affiliated to the Department of Telecommunications for following mobile network porting procedures.

Article 4. General provisions

1. Mobile network porting services shall be provided by terrestrial mobile network service providers in a manner that ensures equality and non-discrimination among mobile subscribers.

2. Mobile network porting services shall be provided under a commercial contract between the terrestrial mobile network service provider and the mobile subscriber.

3. Mobile network porting services shall not include the continued provision of value-added services and the donor operator s telecommunications application services that are being used by the requesting subscriber. The donor operator shall not incur charges for any value-added service and telecommunications application services as soon as the requesting subscriber’s services are deactivated.

4. Terrestrial mobile network service providers shall agree on, publish, openly post and apply charges and contractual terms and conditions of use of mobile network porting services. Charges for mobile network porting services are determined according to the following rules:

a) Revenues are used to cover expenditures to make up part of the costs of the donor operator, the recipient operator and Network Development and Service Center that are used for cooperation in providing mobile network porting services;

b) In each period, charges for mobile network porting services may be adjusted in conformity with actual conditions to ensure the mobile network porting does not have negative effects on the terrestrial mobile information service market.

5. Charges for mobile network porting services shall not be refunded unless mobile network porting is unsuccessful due to technical errors in the mobile network porting system. Terrestrial mobile network service providers and porting center shall agree to disclose technical errors in the mobile network porting system. The porting center shall inform the requesting subscriber of reasons for unsuccessful mobile network porting.

6. Charges for mobile network porting services shall be used to pay donor operator, recipient operator and Network Development and Service Center. The charges for mobile network porting services paid to the Network Development and Service Center shall be used to cover part of the costs of operating, maintaining and upgrading equipment of the mobile network porting services to serve mobile network porting.

7. The ported subscriber number that is revoked in accordance with regulations on management and use of telecommunications numbers or regulations on use of telecommunications services by the terrestrial mobile network service provider that are providing services for such subscriber shall be returned to the original provider.

8. The terrestrial mobile network service provider shall only provide new subscriber number from its allocated subscriber number block.

9. The requesting subscriber shall fulfill relevant obligations and complete the contract with the donor operator within a certain time limit, but not exceeding 60 days from the date of successful mobile network porting. After the aforementioned time limit, the number of the requesting subscriber that fails to fulfill relevant obligations or complete the contract with the donor operator shall be returned to the donor operator.

10. Parties engaging in provision of mobile network porting services and using ported subscriber database must ensure security of the requesting subscriber information as prescribed in Article 6 of the Law on Telecommunications.

11. The 1441 short message service shall be used for mobile network porting. Mobile subscribers shall be free of charges and fees for sending/receiving message from 1441.

12. The terrestrial mobile information service shall be provided for the requesting subscriber according to the rule: the donor operator deactivates the service and then the recipient operator activates the service.

13. Terrestrial mobile network service providers shall cross-check quarterly difference in the number of ported subscribers from the official date of provision of mobile network porting services to the date of crosschecking.

Chapter II

VALIDATING, REJECTING AND CANCELING THE REQUEST FOR TERRESTRIAL MOBILE NETWORK PORTING

Article 5. Validating the request for mobile network porting

1. The mechanism for routing calls and messages from the mobile subscriber number to the ported subscriber number shall be operated using the All Calls Query (ACQ) method.

2. The mechanism for routing calls and messages from the landline telephone subscriber number of the fixed telecommunications network and exclusive-use telecommunications network exclusively serving authorities of the Communist Party and the State, and national defense and security purposes to the ported subscriber number; from the equipment of the terrestrial mobile information content service provider to the ported subscriber number shall be operated using one of the following methods:

a) All Calls Query;

b) Onward Routing;

c) Calls Forward.

3. The donor operator, recipient operator and Department of Telecommunications shall cooperate in carrying out technical procedures for mobile network porting using the flowchart in the Appendix hereof.

Article 6. Rejecting the request for mobile network porting

The donor operator shall be only entitled to reject the request for mobile network porting submitted by the requesting subscriber in one of the following cases:

1. Subscriber’s information included in the request for mobile network porting submitted to the recipient operator is not consistent with the information kept by the donor operator. To be specific:

a) Regarding the information of the subscriber that is an individual client: information as shown in the his/her identity document prescribed in Point a, Clause 3, Article 15 of the Decree No. 25/2011/ND-CP amended by the Decree No. 49/2017/ND-CP, including full name, date of birth, nationality, number/date of issue/issuing authority or place of issue of the identity document, permanent address (if client is a Vietnamese citizen); methods of paying charges.

b) Regarding the information of the subscriber that is an organization: information as shown in the organization’s juridical person certificate prescribed in Point b, Clause 3, Article 15 of the Decree No. 25/2011/ND-CP amended by the Decree No. 49/2017/ND-CP, including name of the organization, address of transaction office, number/date of issue/issuing authority or place of issue of the establishment decision or business registration certificate and tax registration certificate or investment license or enterprise registration certificate; list of phone numbers of the applicant for mobile network porting; methods of paying charges.

2. The requesting subscriber has violated regulations specified in Article 12 of the Law on Telecommunications or requirements set out by competent authorities.

3. Any complaint or dispute between the requesting subscriber and the donor operator arises during rendering and use of telecommunication services.

4. The requesting subscriber has breached a telecommunications service contract or other general contractual terms and conditions agreed upon with the donor operator.

Article 7. Canceling the request for mobile network porting

1. From the date of registering mobile network porting services to before the date of receiving the porting schedule from the porting center, the requesting subscriber may cancel the request for mobile network porting using one of the following methods:

a) Submit the request to the recipient operator. The recipient operator shall issue regulations on methods of receiving the subscriber’s request for canceling mobile network porting (at the transaction office, over the telephone or message, etc.);

b) Send a message to 1441.

2. The donor operator and recipient operator shall be only entitled to stop the mobile network porting process upon receipt of the request for canceling mobile network porting from the porting center.

Chapter III

RIGHTS AND OBLIGATIONS OF RELEVANT PARTIES

Article 8. Rights and obligations of a terrestrial mobile network service provider

1. Cooperate with the Department of Telecommunications and other terrestrial mobile network service providers in establishing procedures for mobile network porting, and reach an agreement on provision of mobile network porting services.

2. Ensure that the transmission line is connected to the porting center to initiate mobile network porting.

3. Update information from the ported subscriber database to maintain telecommunications services and telecommunications application services.

4. Negotiate and enter into a contract with other terrestrial mobile network service providers and Network Development and Service Center to provide mobile network porting services. The negotiation and contract for provision of mobile network porting services include the following contents:

a) State of the mobile subscriber number at the time of registering the mobile network porting service;

b) Handling of value of accounts of the subscriber upon registration of mobile network porting services (reservation, non-reservation, restoration, etc.);

c) Maximum interval between mobile network porting services;

d) Time limit from the date of successful mobile network porting in order for the subscriber to fulfill relevant obligations and complete the contract with the donor operator as prescribed in Clause 9, Article 4 of this Circular;

dd) Charges and division of charges for mobile network porting services;

e) Crosschecking of difference in the number of ported subscribers prescribed in Clause 13, Article 4 of this Circular;

g) Minimum period over which the subscriber does not use international roaming service from the date of registering network porting service;

h) Deactivation of the international roaming service upon registration of network porting services;

i) Application form for use of mobile network porting services and relevant documents;

k) List of technical error code.

5. Cooperate with authorities in charge of exclusive-use telecommunications network serving authorities of the Communist Party and the State, and national defense and security purposes; local, international and domestic long distance phone service providers; terrestrial mobile information content service providers in formulating a technical, connecting and routing plan as prescribed in Clause 2, Article 5 of this Circular on the basis of protection of parties’ interests.

6. Ensure that telecommunications infrastructure satisfies connection demands from the authorities in charge of exclusive-use telecommunications network serving authorities of the Communist Party and the State, and national defense and security purposes.

Article 9. Rights and obligations of the donor operator

1. Assist the donor subscriber in competing relevant procedures after the mobile network porting process and during post-inspection process.

2. Cooperate with the recipient operator, Network Development and Service Center and relevant parties in settling clients’ complaints about mobile network porting services.

Article 10. Rights and obligations of the recipient operator

1. Receive the mobile subscriber’s request for registering mobile network porting services or canceling mobile network porting through its telecommunications service providers.

2. Collect charges for mobile network porting services paid by the requesting subscriber and pay them to the donor operator and Network Development and Service Center as prescribed in Clause 6, Article 4 of this Circular.

3. Take charge and cooperate with the donor operator, Network Development and Service Center and relevant parties in settling clients’ complaints about mobile network porting services.

4. Provide terrestrial mobile network services for the requesting subscriber after carrying out review and inspection of subscription information to ensure that such information is checked, entered, stored and managed in accordance with applicable regulations.

Article 11. Responsibilities of the Department of Telecommunications

1. Ensure the porting center’s telecommunications infrastructure is sufficient so that providers can connect to.

2. Take charge and cooperate terrestrial mobile network service providers in establishing and issuing mobile network porting procedures.

3. Direct the Network Development and Service Center to provide routing information on ported subscriber database for telecommunications service providers that wish to route to provide telecommunications services or telecommunications application services.

4. Inspect and expedite provision of mobile network porting services by providers in accordance with regulations.

5. Provide counseling, make and submit regulations on cooperation between terrestrial mobile network service providers to the Ministry of Information and Communications on the basis of enabling providers to reach an agreement to uniformly provide mobile network porting services.

6. According to actual conditions, pilot provision of mobile network porting services through terrestrial mobile information service providers, propose methods and official date of providing mobile network porting services.

7. Direct the Network Development and Service Center to cooperate with the donor operator and the recipient operator in settling clients’ complaints about mobile network porting services upon request.

Article 12. Rights and obligations of local, international and domestic long distance phone service providers and terrestrial mobile information content service providers

1. The providers shall formulate technical plans and negotiate with other telecommunications service providers to ensure no interruption to provision of telecommunications services when officially providing mobile network porting services to properly route calls and messages from their telecommunications network to the ported subscribers as prescribed in Clause 2 Article 5 of this Circular and to ensure their telecommunications services and telecommunications application services are provided in a stable and continuous manner after terrestrial mobile service providers officially provides mobile network porting services.

2. The providers that adopt All Calls Query method shall comply with the following regulations:

a) Information from ported subscriber database shall be updated to maintain telecommunications services and telecommunications application services and not provide ported subscriber database for the third party in any form;

b) Ported subscriber data shall be only used to provide telecommunications services and telecommunications application services.

3. Local, international and domestic long distance phone service providers shall ensure telecommunications infrastructure satisfies connection demands from the authorities in charge of exclusive-use telecommunications network serving authorities of the Communist Party and the State, and national defense and security purposes.

4. Cooperate with relevant parties in settling clients’ complaints about mobile network porting services.

Chapter IV

IMPLEMENTATIONORGANIZATION

Article 13. Implementationorganization

1. Chief of Office, Director of Department of Telecommunications, heads of ministerial authorities, terrestrial mobile information service providers, local, international and domestic long distance phone service providers, terrestrial mobile information content service providers and relevant organizations and individuals are responsible for the implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular shall be promptly reported to the Ministry of Information and Communications (the Department of Telecommunications) for consideration.

Article 14. Implementationprovisions

1. This Circular takes effect on January 08, 2018.

2. Terrestrial mobile network service providers shall cooperate with the Department of Telecommunications to provide mobile network porting services./.

The Minister

Truong Minh Tuan

* Appendices are not translated herein.