Decree 163/2024/ND-CP detailing the Law on Telecommunications

DECREE
Detailing a number of articles and providing measures for the implementation of the Law on Telecommunications

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administrations dated November 22, 2019;

Pursuant to the Law on Telecommunications dated November 24, 2023;

Pursuant to the Law on Radio Frequencies dated November 23, 2009; and the Law Amending and Supplementing a Number of Articles of the Law on Radio Frequencies dated November 9, 2022;

Pursuant to the Law on Charges and Fees dated November 25, 2015;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

At the proposal of the Minister of Information and Communications;

The Government hereby promulgates the Decree detailing a number of articles and providing measures for the implementation of the Law on Telecommunications.

CHAPTER I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details Clause 8, Article 5; Clause 3, Article 11; Points h, k, and m, Clause 2 and Point d, Clause 4, Article 13; Clause 1, Article 17; Clause 6, Article 19; Clause 6, Article 20; Clause 4, Article 21; Point b, Clause 2, Article 22; Clause 4, Article 23; Point d, Clause 2 and Clause 3, Article 28; Point h, Clause 2 and Clause 5, Article 29; Clause 5, Article 33; Point b, Clause 1 and Point b, Clause 2, Article 36; Point b, Clause 2, Article 39; Clause 3, Article 41; Clause 4, Article 47; Clause 4, Article 61; Clause 3, Article 63; and Clause 10, Article 65 of the Law on Telecommunications with respect to the following telecommunications activities:

a) Commercial provision of telecommunications services;

b) Telecommunications licenses;

c) Master plans for passive telecommunications infrastructure;

d) Telecommunications facilities.

2. Implementation measures of the Law on Telecommunications include:

a) Resolution of disputes in the commercial provision of telecommunications services;

b) Fees for telecommunications operating rights;

c) Technical regulations and quality standards for telecommunications.

Article 2. Subjects of application

This Decree applies to Vietnamese organizations and individuals, and foreign organizations and individuals that are directly engaged in or related to telecommunications activities in Vietnam.

CHAPTER II

COMMERCIAL PROVISION OF TELECOMMUNICATIONS SERVICES

Section 1

OWNERSHIP IN COMMERCIAL PROVISION OF TELECOMMUNICATIONS SERVICES

Article 3. Ownership in commercial provision of telecommunications services

1. An organization or individual that holds more than 20% of the charter capital or total voting shares in a telecommunications enterprise shall not be entitled to hold more than 20% of the charter capital or total voting shares in another telecommunications enterprise operating in the same telecommunications service market falling under the list of telecommunications services subject to ownership regulations in commercial provision of telecommunications services as prescribed by the Ministry of Information and Communications.

2. A telecommunications enterprise providing telecommunications services on the list of services specified in Clause 1 of this Article shall be responsible for reporting to the Ministry of Information and Communications (Vietnam Telecommunications Authority) upon any change to the list of organizations or individuals holding more than 20% of its charter capital or total voting shares.

Section 2

ESTABLISHMENT OF NETWORKS AND PROVISION OF TELECOMMUNICATIONS SERVICES

Article 4. Establishment of telecommunications networks

1. Establishment of a telecommunications network means the investment in and installation of telecommunications equipment, telecommunications equipment systems, and transmission lines to form a telecommunications network.

2. Public telecommunications networks include:

a) Fixed-land public telecommunications networks;

b) Satellite fixed telecommunications networks;

c) Terrestrial mobile telecommunications networks;

d) Satellite mobile telecommunications networks;

dd) Other public telecommunications networks as prescribed by the Ministry of Information and Communications.

3. Private telecommunications networks specified at Point b, Clause 5, Article 19 of the Law on Telecommunications include private telecommunications networks that use wireline transmission lines leased from telecommunications enterprises, and whose members belong to different agencies or organizations.

4. Private telecommunications networks specified at Point d, Clause 5, Article 19 of the Law on Telecommunications include private telecommunications networks that use radio frequency bands licensed to the network owner, and private telecommunications networks that use satellite transmission lines.

Article 5. Classification of telecommunications services

1. Basic telecommunications services include:

a) Voice services;

b) Messaging services;

c) Facsimile (fax) services;

d) Video conferencing services;

dd) Leased line services;

e) Data transmission services;

g) Transmission services for radio and television broadcasting;

h) Transmission services for machine-to-machine connectivity;

i) Virtual private network (VPN) services;

k) Internet interconnection services;

l) Services for lease of all or part of telecommunications networks;

m) Supplementary telecommunications services to basic telecommunications services, which provide additional functions and utilities to users, are inseparable from and provided together with the basic telecommunications services;

n) Other basic telecommunications services as prescribed by the Ministry of Information and Communications.

2. Value-added telecommunications services include:

a) Electronic mail (email) services;

b) Voicemail services;

c) Value-added facsimile services;

d) Internet access services;

dd) Data center services;

e) Cloud computing services;

g) Basic telecommunications services on the Internet;

h) Other value-added telecommunications services as prescribed by the Ministry of Information and Communications.

3. Based on technological characteristics, transmission methods, communication coverage, service delivery methods, and service charge payment methods, the telecommunications services specified in Clauses 1 and 2 of this Article may be further divided or combined into specific service types corresponding to the aforementioned elements.

4. Based on the service classification under Clauses 1, 2, and 3 of this Article, market developments, and telecommunications management policies in each period, the Ministry of Information and Communications shall promulgate the list of telecommunications services.

Article 6. State-managed telecommunications service markets

State-managed telecommunications service markets are those that simultaneously meet the following criteria:

1. Telecommunications service markets in which service providers must obtain licenses in accordance with the telecommunications law;

2. Market concentration index exceeds 1800.

The market concentration index is calculated as the sum of the squares of the market shares of telecommunications enterprises providing services in the relevant telecommunications service market, according to the following formula:

Market concentration index = S₁² + S₂² + ... S_(n)²

Where: S₁ to Sₙ represent the market shares of the respective enterprises from the first to the n^th enterprise.

3. The revenue share of the service accounts for 10% or more of the total revenue of all telecommunications services in the entire market.

Article 7. Telecommunications enterprises with market dominance in state-managed telecommunications service markets

1. The market share of a telecommunications enterprise in a state-managed telecommunications service market shall be determined based on the percentage of one of the following elements: telecommunications service revenue, number of telecommunications subscribers generating traffic, or number of other telecommunications service units sold by that enterprise over the total telecommunications service revenue, total number of telecommunications subscribers generating traffic, or total number of other telecommunications service units sold by all enterprises in that telecommunications service market.

2. A telecommunications enterprise shall be identified as having market dominance if it holds a market share of 30% or more, or has significant market power in the state-managed telecommunications service market as specified in Clause 3 of this Article.

3. A telecommunications enterprise shall be identified as having significant market power in the state-managed telecommunications service market if it holds a market share from 10% to less than 30% in that market and falls into one of the following cases:

a) Its total assets stated in the balance sheet of the financial statements of the preceding year account for 30% or more of the total assets of all telecommunications enterprises in that market as recorded in their financial statements of the same year;

b) Its North–South backbone transmission capacity accounts for 30% or more of the total North–South backbone transmission capacity of all telecommunications enterprises participating in that market.

North–South backbone transmission capacity refers to the designed capacity of terrestrial telecommunications transmission lines simultaneously passing through Hanoi, Da Nang, and Ho Chi Minh City;

c) For the terrestrial mobile telecommunications service market (hereinafter referred to as the terrestrial mobile telecommunications market), in addition to the criteria specified at Points a and b of this Clause, a telecommunications enterprise shall also be identified as having significant market power if it falls into one of the following cases:

The number of its telecommunications service points with defined addresses, owned and established by itself, accounts for 30% or more of the total number of telecommunications service points with defined addresses of all enterprises participating in the terrestrial mobile telecommunications market;

Its terrestrial mobile telecommunications network coverage reaches 90% or more of the total national population.

Article 8. Provision of telecommunications services

1. Provision of telecommunications services means the use of equipment and the establishment of telecommunications equipment systems in Vietnam to perform one, several, or all of the stages of initiating, processing, storing, retrieving, forwarding, routing, terminating telecommunications information, or reselling telecommunications services to telecommunications service users via conclusion of contracts with telecommunications service users, telecommunications service agents, or telecommunications enterprises for profit-making purposes.

2. Unless otherwise provided in international treaties to which the Socialist Republic of Vietnam is a signatory, the cross-border provision of telecommunications services (excluding data center services, cloud computing services, and basic telecommunications services provided over the Internet) to telecommunications service users within the territory of Vietnam shall be carried out through commercial agreements with Vietnamese telecommunications enterprises that have been granted licenses for the provision of telecommunications services, including services involving international communication.

In case of provision of telecommunications services via satellite fixed telecommunications networks or satellite mobile telecommunications networks, telecommunications enterprises participating in commercial agreements with foreign organizations shall develop a plan to ensure that all traffic generated by subscriber terminal equipment located within Vietnam’s mainland territory shall pass through a gateway earth station located in Vietnam’s territory and be connected to the public telecommunications network.

Article 9. Resale of telecommunications services

The resale of telecommunications services (excluding data center services, cloud computing services, and basic telecommunications services provided over the Internet) is specified as follows:

1. Prior to reselling telecommunications services over fixed telecommunications networks to service users at a defined address and within a defined location lawfully under their use rights, organizations and individuals shall be responsible for registering business operations and signing telecommunications service agency contracts with licensed telecommunications enterprises.

2. Prior to reselling telecommunications services over fixed telecommunications networks to service users at two or more defined addresses and within defined locations lawfully under their use rights, enterprises must obtain telecommunications service business licenses for the corresponding type of service.

3. Prior to reselling telecommunications services over mobile telecommunications networks where the enterprise concludes telecommunications service provision and use contracts with users or determines the service charge rates for users, it must obtain telecommunications service business licenses for the corresponding type of service.

In case of resale of telecommunications services over terrestrial mobile telecommunications networks, the reseller must have a written agreement on leasing the terrestrial mobile telecommunications network, purchasing telecommunications services, and telecommunications traffic from a licensed telecommunications enterprise in order to provide such services.

Article 10. Telecommunications service revenue

1. Telecommunications service revenue means the revenue derived from the commercial provision of telecommunications services as specified in Article 5 of this Decree and recognized in accordance with accounting laws, including:

a) Revenue from provision of telecommunications services to service users (excluding the revenues specified at Points b, c, and d of this Clause);

b) Revenue from provision of telecommunications services to domestic telecommunications enterprises;

c) Revenue from provision of telecommunications services to foreign partners operating outside the territory of Vietnam;

d) Revenue from provision of public-utility telecommunications services to users who are eligible beneficiaries of such services.

2. The telecommunications service revenue specified in Clause 1 of this Article shall serve as the basis for telecommunications business management, determination of market share of telecommunications enterprises, calculation of contributions to the Vietnam Public-Utility Telecommunications Service Fund, and determination of telecommunications operating right fees.

Article 11. Management and use of prepaid cards and mobile SIM accounts for mobile telecommunications services

1. Prepaid cards for mobile telecommunications services include physical cards and non-physical cards.

a) A physical card is a tangible card that contains the information specified in Clause 2 of this Article;

b) A non-physical card is a card that does not exist in tangible form but still contains the information specified in Clause 2 of this Article. Non-physical cards may be printed by the issuing enterprise upon request.

2. Information on prepaid cards for mobile telecommunications services must include the following:

a) Name of the telecommunications enterprise (abbreviated name or commercial logo);

b) Name or commercial brand of the card (if any);

c) Card number (including recharge code and serial number);

d) Card face value in Vietnamese dong (VND);

dd) Maximum validity period of the card, which shall not exceed 02 years;

e) In addition to the information specified above, telecommunications enterprises may include other information on the card in accordance with law.

3. Telecommunications enterprises issuing and using prepaid cards for mobile telecommunications services shall be responsible for:

a) Ensuring service availability to users; prepaid cards must not be issued without guaranteed service provision capacity;

b) Managing the quantity, value, and numbering (including recharge code and serial number) of cards issued to agents, card activation status ((activated or not), and applying anti-counterfeit measures when issuing cards;

c) Issuing internal regulations on management of the issuance and use of prepaid cards, specifying the responsibilities of relevant parties in compliance with applicable laws;

d) Implementing measures to prevent the use of prepaid cards for illegal activities;

dd) Implementing risk management and detection mechanisms to prevent abuse of SIM account value conversion into money or assets. In case of detection of such abuse, they must promptly notify competent state agencies.

4. Responsibilities of telecommunications enterprises in managing mobile telecommunications services and information content services provided over mobile telecommunications networks with payments made via mobile SIM accounts:

a) Ensuring the rights and interests of service users when payments are made via mobile SIM accounts, and being held responsible for violations thereof;

b) Fully, accurately, clearly, and publicly providing users with information on deployed services, service charge rates, terms and conditions, and users’ rights and interests;

c) Establishing mechanisms for handling and resolving service user complaints and disputes in accordance with current laws;

d) Performing other responsibilities related to the cooperation in providing information content services over mobile telecommunications networks in accordance with laws on management, provision, and use of Internet services and online information.

Article 12. Number portability in terrestrial mobile telecommunications networks

1. Number portability in terrestrial mobile telecommunications networks (hereinafter referred to as number portability) means a feature that allows a telecommunications subscriber (using a terrestrial mobile subscriber number for person-to-person communications – H2H mobile number) of a terrestrial mobile telecommunications service provider (donor enterprise) to switch to another terrestrial mobile telecommunications service provider (recipient enterprise) while retaining their number (including the network code and subscriber number).

2. Number portability services are commercial activities between the terrestrial mobile subscriber and the recipient enterprise, in coordination with other terrestrial mobile telecommunications service providers and the Number Portability Center.

The Number Portability Center is a system of equipment established by the Ministry of Information and Communications for centralized processing of number portability transactions, maintaining the database of ported subscribers, and providing routing information in accordance with the number portability business process to mobile telecommunications enterprises.

3. The Number Portability Center shall operate on a non-profit basis. The entity assigned by the Ministry of Information and Communications to manage, operate, and maintain the Number Portability Center (hereinafter referred to as the managing and operating entity of the Number Portability Center) shall be responsible for:

a) Ensuring telecommunications infrastructure of the Number Portability Center to enable enterprise connectivity;

b) Providing routing information in the ported subscriber database to organizations and enterprises that need such information for provision of telecommunications services or telecommunications-based application services in accordance with law;

c) Assuming the prime responsibility for, and coordinating with donor and recipient enterprises in, resolving customer complaints related to number portability services upon request.

4. Terrestrial mobile telecommunications service providers shall be responsible for:

a) Deploying number portability services concurrently with the official provision of terrestrial mobile telecommunications services in a timely manner, based on reasonable terms and conditions, without discrimination against terrestrial mobile subscribers;

b) Issuing and publicly disclosing service charge rates, terms of use, number portability conditions and procedures. The charge for number portability shall be determined on the basis of cost recovery for enterprises and centralized transaction processing;

c) Providing tools for subscribers to check their eligibility for number portability. If a subscriber is ineligible, the donor enterprise must provide detailed information, including: reasons for ineligibility; information on any compensation and contract settlement obligations (if applicable). In cases where the existing contract does not specify such obligations, the donor enterprise must not reject the portability request on the grounds of unsettled contractual obligations. Guidance on the number portability registration and process must also be provided;

d) Ensuring that subscribers may register for number portability online;

dd) Reconciling ported numbers based on the principle that the recipient enterprise shall pay the donor enterprise for number usage. The number usage fee per ported number shall be equal to the highest H2H number usage charge that the donor enterprise pays to the competent agency.

5. Enterprises participating in number portability shall make a one-time payment for centralized transaction processing costs based on the monthly number of porting transactions, and shall annually contribute to the costs of maintaining the ported subscriber database and providing routing information, under the following principles:

a) The fee for centralized transaction processing shall be mutually agreed upon by the parties to ensure recovery of the actual direct costs incurred by the managing and operating entity of the Number Portability Center for the transactions arising during the month;

b) The fee for maintaining the ported subscriber database and providing routing information shall be mutually agreed upon by the parties to ensure recovery of actual direct costs incurred by the managing and operating entity of the Number Portability Center, and shall be allocated per subscriber number stored in the ported subscriber database.

6. The recipient enterprise shall periodically, on a monthly basis, review and report the ported subscriber numbers that have been suspended from providing two-way telecommunications services for more than 30 days. Within 15 subsequent days, the recipient enterprise shall complete procedures to terminate service provision and return such numbers to the original enterprise of the ported subscriber (the original enterprise means the enterprise to which the number block containing the ported number was initially allocated), except for numbers allocated through auctions.

7. If the recipient enterprise ceases the provision of terrestrial mobile telecommunications services or has its license revoked, ported numbers shall be returned to the original enterprises (except where the numbers were allocated through auctions).

8. If the original enterprise ceases the provision of terrestrial mobile telecommunications services or has its license revoked, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall re-allocate the ported subscriber numbers as follows:

a) If the recipient enterprise is a terrestrial mobile telecommunications service provider with network infrastructure, the ported numbers shall be re-allocated to the recipient enterprise;

b) If the recipient enterprise is a terrestrial mobile telecommunications service provider without network infrastructure, the ported numbers shall be re-allocated to the terrestrial mobile telecommunications service provider with network infrastructure that leases such infrastructure or provides terrestrial mobile telecommunications services to the recipient enterprise. The enterprise receiving the re-allocation shall lease the ported numbers to the recipient enterprise on a non-profit basis.

9. The Ministry of Information and Communications shall provide regulations on number portability conditions and procedures; responsibilities of participating entities; and technical procedures for number portability implementation.

Article 13. Procedures for cessation of commercial provision of telecommunications services

1. Telecommunications enterprises that are not enterprises holding essential equipment, enterprises with market dominance, groups of enterprises with market dominance in state-managed telecommunications service markets, or enterprises providing public-utility telecommunications services, shall, when ceasing the commercial provision of part or the whole of their telecommunications services, submit a written notice of cessation to the Ministry of Information and Communications (Vietnam Telecommunications Authority) at least 30 days prior to the expected cessation date.

2. Telecommunications enterprises holding essential equipment, enterprises with market dominance, groups of enterprises with market dominance in state-managed telecommunications service markets, or enterprises providing public-utility telecommunications services, when ceasing the commercial provision of part or the whole of telecommunications services directly related to essential equipment, market-dominant telecommunications services, or public-utility telecommunications services but not terminating their operations, must submit an application dossier to the Ministry of Information and Communications at least 60 days prior to the expected cessation date. Within 30 days from the receipt of a complete and valid dossier, the Ministry of Information and Communications shall provide a written approval or rejection to the enterprise.

3. Telecommunications enterprises holding essential equipment, enterprises with market dominance, groups of enterprises with market dominance in state-managed telecommunications service markets, or enterprises providing public-utility telecommunications services, when ceasing telecommunications services due to operation termination, must submit an application dossier to the Ministry of Information and Communications at least 60 days prior to the expected cessation date. Within 60 days from the receipt of a complete and valid dossier, the Ministry of Information and Communications shall coordinate with relevant agencies to give opinions on the enterprise’s reorganization plan or plan for bankruptcy/dissolution and shall issue a written response to the enterprise. Based on the written response of the Ministry of Information and Communications, the enterprise shall implement the reorganization or bankruptcy/dissolution plan in accordance with law.

4. The notice of cessation specified in Clause 1 of this Article shall be made using Form No. 01 provided in the Appendix to this Decree, and must contain the following information:

a) The telecommunications service to be ceased, the date of cessation, the reason for cessation, and the scope of cessation;

b) Measures and commitments to guarantee the lawful rights and interests of telecommunications service users under the signed telecommunications service provision and use contracts and those of other relevant parties.

5. The application dossiers for cessation of telecommunications services specified in Clauses 2 and 3 of this Article shall include:

a) A written request for cessation of telecommunications services using Form No. 02 provided in the Appendix to this Decree;

b) A report on the business performance of the service intended for cessation, including revenue, profit, output, market share, and number of users;

c) Measures and commitments to guarantee the lawful rights and interests of telecommunications service users under the signed telecommunications service provision and use contracts and those of other relevant parties;

d) A plan to ensure provision of alternative telecommunications services to users, transfer of users to corresponding services of other telecommunications enterprises, or agreement on compensation to users, in case of cessation without operation termination;

dd) A plan for reorganization, bankruptcy, or dissolution of the enterprise and measures to ensure continued provision of telecommunications services to users in case of cessation due to operation termination.

6. Telecommunications enterprises shall notify telecommunications service users and relevant parties and publicly announce the cessation of telecommunications services through mass media at least 30 days before the official cessation date.

7. In case where a telecommunications service business license needs to be amended due to cessation of service provision, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall request the enterprise to carry out the amendment or supplementation of the license in accordance with regulations.

8. Within 30 days from the cessation date, telecommunications enterprises shall be responsible for returning the allocated telecommunications resources (if any) related to the ceased service or part thereof.

Article 14. Settlement of disputes in the commercial provision of telecommunications services

1. Disputes in the commercial provision of telecommunications services refer to disputes arising directly between telecommunications enterprises in the course of providing telecommunications services, including:

a) Disputes over the sharing of telecommunications infrastructure, except for the cases specified in Clause 2, Article 81 of this Decree;

b) Disputes over telecommunications wholesale activities.

2. For the disputes in the commercial provision of telecommunications services specified in Clause 1 of this Article, in addition to settlement in accordance with the civil procedure law or other relevant laws, telecommunications enterprises may request the specialized management agency in charge of telecommunications to settle the disputes in accordance with the following procedures:

a) Within 30 days from the date of receipt of the application for dispute settlement in the commercial provision of telecommunications services, made using Form No. 03 provided in the Appendix to this Decree, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall be responsible for organizing the dispute settlement between the parties. The disputing parties shall be obliged to fully provide relevant information and evidence, and to participate in the dispute settlement process. The result of the dispute settlement shall be documented in writing.

b) Within 15 days from the conclusion of the dispute settlement, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a decision on dispute settlement. The disputing parties shall be obliged to comply with such decision, even in cases of disagreement therewith, and shall have the right to lodge complaints or initiate lawsuits in accordance with law.

3. For other disputes between telecommunications enterprises not specified in Clause 1 of this Article, the settlement shall be carried out in accordance with the civil procedure law or other relevant laws.

Article 15. Assurance of cyberinformation security in telecommunications activities

Telecommunications enterprises shall be responsible for ensuring cyberinformation security in telecommunications activities as follows:

1. Implementing measures to ensure the security of information systems in accordance with regulations applicable to telecommunications networks; preventing, detecting, responding to, and handling incidents; and minimizing risks of cyberinformation insecurity and cyberattacks as required and coordinated by the Ministry of Information and Communications (Authority of Information Security).

2. Ensuring cyberinformation security when providing telecommunications services to end users in accordance with the requirements and guidelines of the Ministry of Information and Communications.

3. Preventing and handling, or coordinating the prevention and handling of, illegal information on their managed telecommunications networks at the request of the Ministry of Information and Communications (Authority of Information Security) and the Ministry of Public Security in accordance with law.

4. Ensuring that network equipment complies with cyberinformation security standards and technical regulations issued by competent agencies.

Section 3
AUTHENTICATION, STORAGE, AND USE OF TERRESTRIAL MOBILE SUBSCRIBER INFORMATION AND HANDLING OF TERRESTRIAL MOBILE SIM CARDS WITH NON-COMPLIANT SUBSCRIBER INFORMATION

Article 16. Methods of registration of terrestrial mobile subscriber information

Terrestrial mobile subscriber information shall only be registered through one of the following methods:

1. In person at locations directly owned and established (either at fixed addresses or on mobile basis) by the terrestrial mobile telecommunications service provider.

2. In person at fixed-address locations established by another enterprise authorized by the terrestrial mobile telecommunications service provider under a contract to perform subscriber information registration.

3. Online registration via the application owned by the terrestrial mobile telecommunications service provider. Online registration of subscriber information is applicable only to the first three (03) subscriber numbers associated with one identity document as prescribed in Article 17 of this Decree. In cases where the application used for online registration fails to authenticate subscriber information in accordance with Article 18 of this Decree, the subscriber must proceed with registration in person at the locations specified in Clauses 1 and 2 of this Article.

The Ministry of Information and Communications shall, when necessary and in each period, provide guidance on the establishment of locations for subscriber information registration and the implementation of online subscriber information registration.

Article 17. Documents used for registration of terrestrial mobile subscriber information

When registering telecommunications subscriber information for terrestrial mobile telecommunications services, organizations and individuals shall present originals, certified copies, electronic copies, or data messages valid as originals of the following documents:

1. In case of registration of terrestrial mobile subscriber numbers used for person-to-person communication (H2H mobile numbers):

a) For Vietnamese nationals: Valid personal identification documents (including identification cards, citizen’s identification cards, electronic identification cards, electronic identification accounts (VNeID), or other documents permissible for civil transactions in accordance with law). The telecommunications enterprise may access the National Population Database to reference and authenticate subscriber information in accordance with Article 18 of this Decree.

b) For foreign nationals: Passports valid in Vietnam under entry visas or maximum permitted stay under visa exemption agreements, or electronic identification accounts in accordance with law.

c) For winners of H2H mobile number auctions: In addition to the documents specified at Point a of this Clause, the winner shall present documents as prescribed by the law on telecommunications number resource management to verify ownership of the auctioned number.

d) For organizations registering subscriber information: Each individual within the organization assigned to use a SIM card shall carry out the registration and authentication of subscriber information.

2. In case of registration of terrestrial mobile subscriber numbers not used for person-to-person communication:

a) For individuals: As prescribed in Clause 1 of this Article.

b) For organizations: Legal entity documents in accordance with civil law or documents on organizational establishment in accordance with relevant regulations (hereinafter referred to as “organizational documents”) and the personal identification document of the organization’s legal representative. If the person registering is not the legal representative, a lawful power of attorney and the personal identification document of the authorized person shall be submitted.

3. For persons under 6 years of age or those not yet issued personal identification documents as prescribed at Point a, Clause 1 of this Article, registration must be performed by the parent or guardian. For persons aged between 6 and under 15 years who have been issued personal identification documents as prescribed at Point a, Clause 1 of this Article, registration may be carried out with written consent from a parent or guardian, including consent in electronic or verifiable digital form.

In addition to the documents specified at Point a, Clause 1, and Point a, Clause 2 of this Article, the parent or guardian shall present documents proving their relationship with the minor in accordance with law.

Article 18. Authentication of terrestrial mobile subscriber information

Upon receipt of documents used for subscriber information registration (either in-person or online), the enterprise shall comply with the following provisions:

1. Comparing and verifying that the documents correspond with the individual or organization entering into the contract and registering the information as prescribed.

2. Implementing authentication measures for terrestrial mobile subscriber information (applicable to both in-person and online registration), ensuring at least the following requirements:

a) Authenticating at least three information fields on the Vietnamese citizen's identification document with the National Population Database as prescribed at Point a, Clause 1, Article 17 of this Decree, including: personal identification number; full name (including family, middle, and given names); and date of birth;

b) From the second H2H mobile SIM onward, authentication shall be conducted via a one-time password (OTP) sent to the previously registered and activated SIM;

c) Applying video call solutions to collect, verify, and confirm customer identification information during the registration process, ensuring effectiveness equivalent to face-to-face customer identification. The video call solution must meet the following minimum requirements: legal safety and security standards; high-resolution image; continuous signal; real-time audio-visual interaction for verifying the physical presence of the subscriber; and simultaneous display of the registration agent and the subscriber during the call;

d) In each period, the Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, issuing guidance on authentication of terrestrial mobile subscriber information (including the study and incorporation of facial image field authentication from identification documents with the National Population Database).

3. Refusing to enter into contracts or provide services to individuals or organizations in any of the following cases: subscriber information registration documents are not compliant; the submitted documents are unclear or not adequately digitized with clear, complete information; or the identification information fails to match after authentication or cannot be authenticated.

Article 19. Terrestrial mobile subscriber information

Terrestrial mobile subscriber information shall include:

1. Full name; date of birth; personal identification number or passport number or electronic identification number.

2. Address stated on the document used for subscriber information registration.

3. Telecommunications subscriber number.

4. Other personal information provided by the subscriber when concluding a contract with the enterprise:

a) Information on the document used for subscriber information registration;

b) Digital copies of all documents used for subscriber information registration;

c) Portrait photo of the subscriber with timestamp (date and time) of capture;

d) Digital copy of the confirmation of terrestrial mobile subscriber information.

5. Full name of the transaction officer; time of subscriber information registration; address and contact number of the registration point (for in-person subscriber registration).

6. Digitized standard-form contract or standard-form agreement.

Article 20. Provision of telecommunications services to terrestrial mobile subscribers after subscriber information registration

Telecommunications enterprises may only provide telecommunications services to terrestrial mobile subscribers after fully ensuring the following requirements:

1. The terrestrial mobile subscriber has completed the registration of subscriber information in accordance with regulations.

2. The enterprise has completed the authentication and accurate retention of terrestrial mobile subscriber information in accordance with regulations.

Article 21. Registration of terrestrial mobile subscriber information by individuals and organizations using prepaid mobile subscriber numbers of each terrestrial mobile telecommunications network

1. For the first three subscriber numbers, individuals and organizations shall present valid documents and sign a paper or electronic confirmation of subscriber information. The confirmation of subscriber information shall include the subscriber information specified in Article 19 of this Decree.

2. For the fourth and subsequent subscriber numbers, a standard-form contract shall be concluded with the terrestrial mobile telecommunications service provider at a fixed-address registration point established by the said provider.

Article 22. Retention of terrestrial mobile subscriber information

1. Telecommunications enterprises shall ensure that all subscriber registration points and applications fully comply with regulations on authentication and retention of subscriber information; and shall bear full legal responsibility for the authentication, retention, and management of subscriber information in accordance with applicable regulations at all registration points and applications for terrestrial mobile subscriber information.

2. Telecommunications enterprises shall develop a centralized technical system and subscriber information database to enter, retain, and manage subscriber information throughout the service use period, including: subscriber information specified in Article 19; service commencement date; subscriber status: active, temporarily suspended for one-way service (receiving calls only), or temporarily suspended for two-way service (neither making nor receiving calls); number of subscriber numbers in use by each individual or organization; service termination date for terminated subscribers. For terminated subscribers, subscriber information must continue to be retained in the database for at least 02 years.

3. Telecommunications enterprises shall connect their centralized subscriber information database with the National Population Database for authentication of personal identification documents.

4. Telecommunications enterprises shall fully provide information and demonstrate that the subscriber information in their centralized database has been verified, authenticated, entered, retained, and managed in accordance with regulations; and shall arrange personnel and technical means at their local branches to facilitate inspection and examination of subscriber information of individuals and organizations that have entered into contracts at such localities.

5. Telecommunications enterprises shall be responsible for ensuring the confidentiality of subscriber information in accordance with law.

Article 23. Use of terrestrial mobile subscriber information

Terrestrial mobile subscriber information may only be used for the following purposes:

1. Serving national defense, national security, and social order and safety assurance.

2. Serving state management of telecommunications.

3. Serving professional management, network operation, and telecommunications service provision by telecommunications enterprises currently providing terrestrial mobile telecommunications services to subscribers.

Article 24. Responsibilities of terrestrial mobile subscribers

1. Taking legal responsibility for the validity of documents used for terrestrial mobile subscriber information registration and for the use of subscriber numbers corresponding to the documents presented by the individual or organization registering the subscriber information.

2. An individual shall only conclude standard-form contracts and standard transaction terms for subscriber numbers intended for their own use, for their natural or adopted children under 15 years old, or for persons under their guardianship in accordance with law, and for devices for their personal or family use. An organization shall only conclude standard-form contracts and standard transaction terms for subscriber numbers intended for individuals or devices under its management.

3. Bearing full legal responsibility for the use of the subscriber numbers that have been assigned.

4. Requesting the telecommunications enterprise to update subscriber information in accordance with regulations in case of any change in the personal identification documents submitted upon contract conclusion, upon discovering incorrect subscriber information during self-checks, or upon receiving a notification from the terrestrial mobile telecommunications service provider regarding non-compliant subscriber information.

5. Requesting the terrestrial mobile telecommunications service provider to terminate the standard-form contract and standard transaction terms for subscriber numbers using their personal identification documents or organizational documents.

6. Being subject to temporary suspension or termination of services for subscriber numbers with non-compliant information.

Article 25. Responsibilities of telecommunications enterprises for handling terrestrial mobile subscriber numbers containing non-compliant subscriber information

1. When reviewing and detecting, or when receiving a written notice from the competent state management agency regarding a terrestrial mobile subscriber number containing non-compliant subscriber information, the terrestrial mobile telecommunications service provider shall be responsible for continuously issuing notifications for 5 consecutive days, at least once per day, requesting the concerned individual or organization to re-conclude the standard-form contract in accordance with regulations. If the individual or organization fails to comply with the request, the enterprise shall suspend one-way telecommunications services (receiving calls only) after 15 days from the date of the first notification, while also notifying that the number will be subject to suspension of two-way telecommunications services after an additional 15 days if no action is taken. If still unrectified, two-way telecommunications services shall be suspended 15 days from the date of one-way suspension, and the subscriber shall be notified that the contract will be liquidated and telecommunications services will be terminated if no action is taken.
The contract shall be liquidated and telecommunications services shall be terminated 5 days after the two-way suspension if the individual or organization still fails to comply.

The Ministry of Information and Communications shall, when necessary and each period, provide guidance on handling terrestrial mobile subscriber numbers containing non-compliant subscriber information.

2. Telecommunications enterprises shall regularly review and, upon detecting or receiving a written notice from the competent state management agency regarding subscriber numbers containing non-compliant subscriber information, notify all subscriber numbers under the same standard-form contract and general transaction conditions, requesting the re-conclusion of the contract in accordance with regulations.

3. Standard-form contracts and general transaction conditions for the provision of terrestrial mobile telecommunications services must contain specific provisions on contract liquidation and service termination for subscriber numbers that fail to re-register subscriber information.

4. For subscriber numbers whose contracts have been liquidated and telecommunications services have been terminated in accordance with regulations, the terrestrial mobile telecommunications service provider shall have the right to reassign such numbers to other individuals or organizations upon request, except for subscriber numbers allocated through auctions.

5. Telecommunications enterprises shall implement and provide instructions enabling individuals and organizations to self-check their terrestrial mobile subscriber information via the enterprise’s application or by sending a text message in the syntax "TTTB” combined with “Personal identification document number” to 1414. The system shall return a message containing, at minimum, the following information: full name; date of birth; a list of all subscriber numbers currently in use by the individual (for individual subscribers); organization name and organization document number (for organizational subscribers). Such information-checking methods must ensure confidentiality in accordance with the principle that individuals and organizations may only check information associated with their own subscriber numbers and may not access information of others.

The Ministry of Information and Communications shall, when necessary and each period, provide guidance on self-checking of terrestrial mobile subscriber information by individuals and organizations.

6. Telecommunications enterprises shall re-conclude contracts upon request of individuals or organizations using subscriber numbers who wish to update or standardize their subscriber information.

7. Upon receipt of a request from an individual or organization to terminate telecommunications services for subscriber numbers associated with their personal identification documents or organizational documents, the telecommunications enterprise shall verify such information, notify the relevant subscriber of the requirement to update their subscriber information in accordance with Clause 1 of this Article, and inform the requesting individual or organization of the result.

8. Telecommunications enterprises shall publish, on their application and official website, the list of subscriber information registration locations specified in Clauses 1 and 2, Article 16 of this Decree by province or centrally-run city, including at minimum the following details: name and address of the location; type (fixed point of the telecommunications enterprise, mobile point of the telecommunications enterprise, or authorized point); name of the authorized enterprise; authorization duration; contact telephone number; operating hours (for mobile points); and name and link to download the application for online subscriber information registration.

Section 4
PROVISION OF BASIC TELECOMMUNICATIONS SERVICES ON THE INTERNET, AND DATA CENTER SERVICES AND CLOUD COMPUTING SERVICES

Article 26. Registration, storage, and management of information of users of basic telecommunications services on the Internet

1. When entering into telecommunications service provision and use contracts for basic telecommunications services on the Internet, a service user shall be required to provide at least the following information: name used for service registration; mobile phone number (In case where a mobile phone number is used to identify the service user); or other identification information of the service user (In case where a mobile phone number is not used to identify the service user).

2. Enterprises providing basic telecommunications services on the Internet shall have the following responsibilities:

a) Authenticating service users through mobile phone numbers (In case where mobile phone numbers are used to identify service users), or through other identification information of service users (In case where mobile phone numbers are not used to identify service users) prior to service provision;

b) Storing information provided by service users when entering into the contracts specified in Clause 1 of this Article, and information regarding the use of services by the users. The storage period and the provision of information to competent state agencies shall comply with the law on cybersecurity.

Article 27. Rights and obligations of foreign organizations providing basic telecommunications services on the Internet across borders to service users within the territory of Vietnam

1. Foreign organizations may provide basic telecommunications services on the Internet across borders to telecommunications service users within the territory of Vietnam, and shall be entitled to the rights specified in Clause 2, Article 62 of the Law on Telecommunications and other rights as prescribed by relevant laws.

2. Foreign organizations providing basic telecommunications services on the Internet across borders to telecommunications service users within the territory of Vietnam shall have the following obligations:

a) Providing service notification in accordance with Article 45 of this Decree;

b) Complying with Clauses 3 and 6 Article 5, Articles 6 and 9, Points b, d, and l Clause 2 Article 13, Clause 3 Article 20, Points d, dd, and e Clause 2 Article 28, and Point a Clause 2 Article 40 of the Law on Telecommunications, and Article 26 of this Decree;

c) Complying with requests of competent state agencies regarding assurance of cybersecurity in accordance with law;

d) Fulfilling other obligations in accordance with relevant laws.

Article 28. Registration, storage, and management of information of users of data center services and cloud computing services

1. When entering into service provision and use contracts for data center services and cloud computing services, service users shall be required to provide at least the following information:

a) For individuals: Full name, contact phone number or email address;

b) For organizations: Name and address of the organization, and contact person’s information (full name, contact phone number or email address).

2. Enterprises providing data center services and cloud computing services shall be responsible for storing the information specified in Clause 1 of this Article. The storage period shall comply with the law on cybersecurity.

Article 29. Rights and obligations of foreign organizations providing data center services and cloud computing services across borders to service users within the territory of Vietnam

1. Foreign organizations may provide data center services and cloud computing services across borders to telecommunications service users within the territory of Vietnam and shall be entitled to the rights specified in Clause 2, Article 62 of the Law on Telecommunications and other rights as prescribed by relevant laws.

2. Foreign organizations providing data center services and cloud computing services across borders to telecommunications service users within the territory of Vietnam shall have the following obligations:

a) Providing service notification in accordance with Article 45 of this Decree;

b) Complying with provisions of Clauses 3 and 6 Article 5, Articles 6 and 9, Points b and d Clause 2 Article 13, Clause 3 Article 20, Points dd, e, g, h, and i Clause 2 Article 29, and Point a Clause 2 Article 40 of the Law on Telecommunications, and Article 28 of this Decree;

c) Fulfilling other obligations in accordance with relevant laws.

Article 30. Provision of data center services and cloud computing services in operations of state agencies

1. Data of state agencies using data center services and cloud computing services shall be stored only within the territory of Vietnam.

2. Information systems serving the provision of data center services and cloud computing services to state agencies must fully comply with legal regulations on cyberinformation security when put into operation.

3. Enterprises providing data center services and cloud computing services to state agencies shall be responsible for coordinating and providing complete information, infrastructure design, and cyberinformation security assurance measures for operation and protection of the information systems of the service-renting units as requested, to implement information system security measures in accordance with the law on cyberinformation security.

CHAPTER III
TELECOMMUNICATIONS LICENSES

Article 31. Charter capital and network deployment conditions for establishment of terrestrial fixed public telecommunications networks

1. Enterprises applying for licenses to provide infrastructure-based telecommunications services for the type of terrestrial fixed public telecommunications networks not using radio frequency bands must satisfy the following charter capital and network deployment conditions:

a) For network establishment within the scope of a province or centrally run city:

Charter capital: At least VND 5 billion, and fully contributed in accordance with the law on enterprises.

Network deployment condition: Commit to investing a total capital of at least VND 15 billion in the network within the first 3 years from the date of license granting for network establishment.

b) For network establishment within a regional scope (from 02 to 30 provinces or centrally run cities):

Charter capital: At least VND 30 billion, and fully contributed in accordance with the law on enterprises.

Network deployment condition: Commit to investing a total capital of at least VND 100 billion in the network within the first 3 years from the date of license granting for network establishment.

c) For network establishment on a nationwide scale (more than 30 provinces or centrally run cities):

Charter capital: At least VND 100 billion, and fully contributed in accordance with the law on enterprises.

Network deployment condition: Commit to investing a total capital of at least VND 300 billion in the network within the first 3 years from the date of license granting for network establishment.

2. Enterprises applying for licenses to provide infrastructure-based telecommunications services for the type of terrestrial fixed public telecommunications networks using radio frequency bands must satisfy the following charter capital and network deployment conditions:

a) For network establishment within a regional scope (from 02 to 30 provinces or centrally run cities):

Charter capital: At least VND 100 billion, and fully contributed in accordance with the law on enterprises.

Network deployment condition: Commit to investing a total capital of at least VND 300 billion in the network within the first 3 years from the date of license granting for network establishment.

b) For network establishment on a nationwide scale (more than 30 provinces or centrally run cities):

Charter capital: At least VND 300 billion, and fully contributed in accordance with the law on enterprises.

Network deployment condition: Commit to investing a total capital of at least VND 1,000 billion in the network within the first 3 years from the date of license granting for network establishment.

3. In case where an enterprise applying for licenses to provide infrastructure-based telecommunications services as prescribed in Clause 1 or Clause 2 of this Article uses radio frequency bands or radio frequency channels allocated through auction or examination for the right to use radio frequencies, or applies for re-granting of licenses for use of frequency bands, the network deployment conditions shall comply with the commitments on network deployment made when participating in the auction or examination for the right to use radio frequencies or when applying for re-granting of licenses for use of frequency bands in accordance with the law on radio frequencies.

Article 32. Charter capital and network deployment conditions for establishment of terrestrial mobile public telecommunications networks

1. Enterprises applying for licenses to provide infrastructure-based telecommunications services for the type of terrestrial mobile public telecommunications networks using frequency bands allocated through auction or examination for the right to use radio frequencies, or re-granting of licenses for use of frequency bands, must satisfy the following charter capital and network deployment conditions:

a) Charter capital: At least VND 500 billion, and fully contributed in accordance with the law on enterprises.

b) Network deployment condition: Comply with the network deployment commitments made when participating in the auction or examination for the right to use radio frequencies or when applying for re-granting of licenses for use of frequency bands, in accordance with the law on radio frequencies.

2. Enterprises applying for licenses to provide infrastructure-based telecommunications services for the type of terrestrial mobile public telecommunications networks using radio frequency channels must satisfy the following charter capital and network deployment conditions:

a) Charter capital: At least VND 20 billion, and fully contributed in accordance with the law on enterprises.

b) Network deployment condition: Commit to investing a total capital of at least VND 60 billion in the network within the first 3 years from the date of license granting for network establishment.

In case where the enterprise uses radio frequency channels allocated through auction or examination for the right to use radio frequencies, the network deployment conditions shall comply with the network deployment commitments made when participating in the auction or examination for the right to use radio frequencies, in accordance with the law on radio frequencies.

3. Enterprises applying for licenses to provide infrastructure-based telecommunications services for the type of terrestrial mobile public telecommunications networks not using radio frequency bands (virtual mobile telecommunications networks) must satisfy the following charter capital and network deployment conditions:

a) Charter capital: At least VND 300 billion, and fully contributed in accordance with the law on enterprises.

b) Network deployment condition: Commit to investing a total capital of at least VND 1,000 billion in the network within the first 3 years from the date of license granting for network establishment and to having a written agreement on leasing terrestrial mobile telecommunications networks with a licensed enterprise authorized to operate telecommunications service business.

Article 33. Charter capital and network deployment conditions for establishment of public fixed satellite and mobile satellite telecommunications networks

Enterprises applying for licenses to provide network infrastructure-based services of public fixed satellite telecommunications networks or mobile satellite telecommunications networks shall satisfy the following charter capital and network deployment conditions:

1. Charter capital: At least VND 30 billion, with the full amount contributed in accordance with the law on enterprises.

2. Network deployment condition: Commit to investing a total capital of at least VND 100 billion in the network within the first 3 years from the date of license granting for network establishment.

Article 34. Determination of compliance with investment capital requirements under network deployment conditions

1. Enterprises applying for licenses to provide network infrastructure-based telecommunications services shall be considered compliant with the investment capital requirements under network deployment conditions if the committed investment amount specified in the written commitment on network deployment is not lower than the minimum investment capital level corresponding to the provisions of Articles 31, 32, and 33 of this Decree, except for the cases specified in Clause 2 of this Article.

2. Enterprises applying for amendments, supplementations, or re-granting of telecommunications service business licenses shall be considered compliant with the investment capital requirements under network deployment conditions if they fall into one of the following cases:

a) The actual investment amount previously made to establish the telecommunications network (calculated at the value at the time of investment) is not lower than the total minimum investment capital corresponding to the provisions of Articles 31, 32, and 33 of this Decree;

b) The investment amount stated in the written commitment on network deployment is not lower than the difference between the total minimum investment capital corresponding to the provisions of Articles 31, 32, and 33 of this Decree and the actual amount previously invested to establish the telecommunications network (calculated at the value at the time of investment).

Article 35. Procedures for granting telecommunications service business licenses

1. An application dossier for a license to provide network infrastructure-based telecommunications services

An enterprise applying for a license to provide network infrastructure-based telecommunications services shall submit an application dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier. The application dossier shall comprise:

a) A written request for granting a telecommunications service business license, made using Form No. 04 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate or investment registration certificate for foreign investors (or another valid certificate or license of equivalent legal value in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original;

c) A valid copy of the enterprise’s charter bearing the enterprise’s confirmation seal;

d) A five-year business plan from the date of license grant, made using Form No. 07 provided in the Appendix to this Decree;

dd) A five-year technical plan corresponding to the five-year business plan from the date of license grant, made using Form No. 08 provided in the Appendix to this Decree;

e) Documents evidencing the full contribution of charter capital in accordance with the law on enterprises;

g) A written commitment to fulfilling the network deployment condition, made using Form No. 10 provided in the Appendix to this Decree, in case of an application for a license to provide network infrastructure-based telecommunications services as specified at Point a, Clause 2, Article 35 of the Law on Telecommunications.

2. An application dossier for a license to provide telecommunications services without network infrastructure

An enterprise applying for a license to provide telecommunications services without network infrastructure shall submit an application dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier. The application dossier shall comprise:

a) A written request for granting a telecommunications service business license, made using Form No. 04 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate or the investment registration certificate for foreign investors (or another valid certificate or license of equivalent legal value in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original;

c) A valid copy of the enterprise’s current charter bearing the enterprise’s confirmation seal;

d) A five-year business plan from the date of license grant, made using Form No. 07 provided in the Appendix to this Decree;

dd) A five-year technical plan corresponding to the five-year business plan from the date of license grant, made using Form No. 08 provided in the Appendix to this Decree.

3. An application dossier for a license to provide network infrastructure-based telecommunications services by an enterprise specified at Point d, Clause 4, Article 18 of the Law on Radio Frequencies as amended and supplemented under Clause 6, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Radio Frequencies.

The enterprise shall submit an application dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier. The application dossier shall comprise:

a) A written request for granting a telecommunications service business license, made using Form No. 04 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate (or another valid certificate or license of equivalent legal value in accordance with the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original;

c) A certified copy of the competent authority’s decision on the use of radio frequency bands for economic development combined with national defense and security tasks in accordance with the law on radio frequencies.

4. Time limit and procedures for processing an application dossier

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, within 05 working days from the date of receipt, the Vietnam Telecommunications Authority shall notify the enterprise in writing.

If the dossier is valid, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider granting a telecommunications service business license to the enterprise in accordance with its competence.

In case of refusal to grant a license, within 15 days from the end of the dossier validity examination period, the Vietnam Telecommunications Authority shall issue a written notice clearly stating the reason for refusal.

b) In case of granting a license to provide network infrastructure-based telecommunications services using radio frequencies allocated through auctions or examinations for the right to use radio frequencies, the time limit and procedures for processing the dossier shall comply with the law on radio frequencies.

c) In case where the enterprise is granted a telecommunications service business license, the licensing agency shall send a copy of the license to the Ministry of Public Security for coordination in information security control and assurance.

5. Telecommunications service business licenses (licenses to provide network infrastructure-based telecommunications services and licenses to provide telecommunications services without network infrastructure) made using Form No. 28 and Form No. 29 provided in the Appendix to this Decree shall contain the following main information:

a) The enterprise’s name in Vietnamese and in foreign language, abbreviated name; head office address; information on the enterprise registration certificate or investment registration certificate;

b) License number, date of granting, and date of expiry;

c) Type of telecommunications network and scope of network establishment;

d) Type of telecommunications services and scope of telecommunications service provision permitted for business;

dd) Provisions on rights and obligations that the enterprise must comply with when conducting telecommunications service business.

6. Publication of telecommunications service business license contents

Within 30 days from the date of being granted a telecommunications service business license by the competent agency, the enterprise shall be responsible for publicly announcing the contents specified at Points a, b, c, and d, Clause 5 of this Article.

7. An enterprise that has been granted a telecommunications service business license shall notify the Ministry of Information and Communications (Vietnam Telecommunications Authority) in writing of the official commencement of public telecommunications network operation and official provision of telecommunications services, using Form No. 45 provided in the Appendix to this Decree, within 15 days from the date of such official commencement.

Article 36. Cases of modification, supplementation, and re-granting of telecommunications service business licenses

1. During the validity period of a telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure), the licensed enterprise shall carry out procedures to apply for modification or supplementation of the license upon the occurrence of any of the following changes:

a) Change of the licensed enterprise’s name in accordance with the law on enterprises;

b) Partial cessation of the telecommunications service business activities specified in the granted license;

c) Change of the telecommunications network configuration as stated in the license.

2. During the validity period of a telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure), the licensed enterprise shall carry out procedures to apply for modification, supplementation, or re-granting of the license upon the occurrence of any of the following changes:

a) Change of the scope of telecommunications network establishment, the scope of telecommunications service provision, or supplementation of the type(s) of telecommunications services granted;

b) Change of demand for the use of telecommunications resources that requires feasibility assessment for the allocation of telecommunications resources.

3. During the validity period of a telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure), the enterprise shall notify the Ministry of Information and Communications (Vietnam Telecommunications Authority) upon any change in the enterprise’s information as follows:

a) The enterprise shall provide notification within 30 days from the date of change of its head office address, legal representative, or charter capital;

b) Prior to the 15^th day of the last month of each quarter, the enterprise shall provide notification if there is any change in the capital contribution ratio among contributing members that is equal to or exceeds the ratio of charter capital or voting shares as specified in Article 3 of this Decree.

Article 37. Procedures for modification and supplementation of telecommunications service business licenses

1. An enterprise shall submit an application dossier for modification or supplementation of its telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure) to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier.

2. An application dossier for modification or supplementation of a telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure) in the cases specified at Points a and b, Clause 1, Article 36 of this Decree shall comprise the following documents:

a) A written request for modification or supplementation of the telecommunications service business license, made using Form No. 05 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate or the investment registration certificate for foreign investors (or another valid certificate or license of equivalent legal value in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original (in case of changes to such certificates or licenses compared to the time of submission of the application dossier for license grant);

c) A report on the implementation of the telecommunications service business license from the date of license grant to the date of submission of the application dossier for modification or supplementation, made using Form No. 09 provided in the Appendix to this Decree.

3. An application dossier for modification or supplementation of a telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure) in the cases specified at Point c, Clause 1, and Clause 2, Article 36 of this Decree shall comprise the following documents:

a) A written request for modification or supplementation of the telecommunications service business license, made using Form No. 05 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate or the investment registration certificate for foreign investors (or another valid certificate or license of equivalent legal value in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original (in case of changes to such certificates or licenses compared to the time of submission of the application dossier for license grant);

c) A report on the implementation of the license from the date of license grant to the date of submission of the application dossier for modification or supplementation, made using Form No. 09 provided in the Appendix to this Decree;

d) Modified or supplemented business and technical plans, made using Form No. 07 and Form No. 08 provided in the Appendix to this Decree.

4. In the case of application for modification or supplementation of a telecommunications service business license (license to provide network infrastructure-based telecommunications services) as specified in Clause 2, Article 36 of this Decree that requires assessment of charter capital and investment capital conditions for network deployment, in addition to the documents specified in Clause 3 of this Article, the enterprise shall submit the following additional documents:

a) Documents evidencing the full contribution of charter capital in accordance with the law on enterprises;

b) Documents evidencing the amount of investment capital used to establish the telecommunications network. In case where the network has already been established;

c) A written commitment to fulfilling the network deployment condition, made using Form No. 10 provided in the Appendix to this Decree, to meet the deployment condition under the proposed license modification or supplementation (In case where the enterprise has not yet made the minimum investment corresponding to the provisions in Articles 31, 32, and 33 of this Decree).

5. An application dossier for modification or supplementation of a license to provide network infrastructure-based telecommunications services by an enterprise specified at Point d, Clause 4, Article 18 of the Law on Radio Frequencies as amended and supplemented under Clause 6, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Radio Frequencies shall comprise the following documents:

a) A written request for modification or supplementation of the telecommunications service business license, made using Form No. 05 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate (or another valid certificate or license of equivalent legal value in accordance with the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original (in case of changes to such certificates or licenses compared to the time of submission of the application dossier for license grant);

c) A certified copy of the competent agency’s decision on the use of radio frequency bands for economic development combined with national defense and security tasks in accordance with the law on radio frequencies.

6. Time limit and procedures for processing the dossier:

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Vietnam Telecommunications Authority shall notify the enterprise in writing within 05 working days from the date of receipt.

If the dossier is valid, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider granting the modified or supplemented telecommunications service business license to the enterprise in accordance with its competence.

In case of refusal to modify or supplement the license, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the enterprise.

b) In case of modification or supplementation of a license to provide network infrastructure-based telecommunications services due to a change in demand for the use of radio frequencies that must be granted through auctions, examinations for the right to use radio frequencies, or re-grant of frequency band licenses, the time limit and procedures for processing the dossier shall comply with the law on radio frequencies.

c) In case where an enterprise is granted a telecommunications service business license, the licensing agency shall send a copy of the license to the Ministry of Public Security for coordination in information security control and assurance.

7. The modified or supplemented license shall be valid from the date of signing of the modified or supplemented license to the expiry date of the original license subject to modification or supplementation.

8. The publication of the contents of the modified or supplemented telecommunications service business license shall comply with Clause 6, Article 35 of this Decree.

9. An enterprise that has been granted a license to establish a public telecommunications network or a license to provide telecommunications services as specified in Clauses 2 and 3, Article 73 of the Law on Telecommunications, upon any change falling under Clause 1 or Clause 2, Article 36 of this Decree, shall carry out procedures for re-granting the telecommunications service business license in accordance with Article 39 of this Decree.

Article 38. Extension of telecommunications licenses

1. The following cases may be considered for extension when the granted license has a term equal to the maximum duration:

a) The enterprise requests an extension of the license for telecommunications network and service testing;

b) The enterprise requests an extension of the telecommunications service business license and is undergoing division, separation, consolidation, merger, or transformation pursuant to a decision already issued.

2. When a telecommunications service business license remains valid for no more than 90 days and at least 30 days prior to its expiration date, the enterprise wishing to extend its granted telecommunications service business license shall submit an application dossier for extension to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier.

3. An application dossier for extension of a telecommunications service business license shall comprise:

a) A written request for extension of the telecommunications service business license, made using Form No. 06 provided in the Appendix to this Decree;

b) A report on the implementation of the telecommunications service business license from the date of license granting to the date of the extension request, made using Form No. 09 provided in the Appendix to this Decree;

c) Documents evidencing that the enterprise is undergoing division, separation, consolidation, merger, or transformation, in the case of extension as specified at Point b, Clause 1 of this Article.

4. An application dossier for extension of a license to provide network infrastructure-based telecommunications services by an enterprise specified at Point d, Clause 4, Article 18 of the Law on Radio Frequencies as amended and supplemented under Clause 6, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Radio Frequencies shall comprise the following documents:

a) A written request for extension of the telecommunications service business license, made using Form No. 06 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate (or another valid certificate or license of equivalent legal value in accordance with the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original (in case of changes to such certificates or licenses compared to the time of submission of the application dossier for license granting);

c) A certified copy of the competent agency’s decision on the use of radio frequency bands for economic development combined with national defense and security tasks in accordance with the law on radio frequencies.

5. Time limit and procedures for processing an application dossier for license extension:

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Vietnam Telecommunications Authority shall notify the enterprise in writing within 05 working days from the date of receipt.

b) If the dossier is valid, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider extending the telecommunications service business license for the enterprise in accordance with its competence.

In case where the enterprise is granted an extended telecommunications service business license, the licensing agency shall send a copy of the license to the Ministry of Public Security for coordination in information security control and assurance.

In case of refusal to extend the license, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the enterprise.

6. The extended telecommunications license shall take effect from the expiration date of the license requested for extension.

7. The term of the extended telecommunications license shall be determined in accordance with Point b, Clause 2, Article 39 of the Law on Telecommunications.

8. The publication of the contents of the extended telecommunications service business license shall comply with Clause 6, Article 35 of this Decree.

9. An enterprise that has been granted a license to establish a public telecommunications network or a license to provide telecommunications services as specified in Clauses 2 and 3, Article 73 of the Law on Telecommunications and wishes to continue its business operations upon license expiration shall carry out procedures for re-granting the telecommunications service business license in accordance with Article 39 of this Decree.

Article 39. Re-granting of telecommunications service business licenses

1. During the validity period of a telecommunications service business license (including the license to provide network infrastructure-based telecommunications services and the license to provide telecommunications services without network infrastructure), an enterprise wishing to have its license re-granted shall submit an application dossier for re-granting the license to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier.

In case of request for re-granting due to license expiration, the enterprise shall submit the application dossier when the telecommunications service business license remains valid for no more than 90 days and at least 60 days prior to its expiration. This time limit for dossier submission shall not apply to licenses that expire before the 60^th day from the effective date of this Decree.

2. An application dossier for re-granting a telecommunications service business license shall comprise:

a) Documents specified in the corresponding application dossier for granting a telecommunications service business license specified in Article 35 of this Decree;

b) A report on the implementation of the telecommunications service business license from the date of license granting to the date of the re-granting request, made using Form No. 09 provided in the Appendix to this Decree;

c) Documents evidencing the amount of investment used to establish the telecommunications network. In case where such network has already been established and the investment capital condition for network deployment needs to be considered.

3. The consideration for re-granting a telecommunications service business license shall be based on the conditions for license granting prescribed in Article 36 of the Law on Telecommunications, taking into account the compliance with the provisions of the license subject to re-granting and the lawful rights and interests of telecommunications service users.

4. Time limit and procedures for processing a dossier:

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Vietnam Telecommunications Authority shall notify the enterprise in writing within 05 working days from the date of receipt.

If the dossier is valid, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider re-granting the telecommunications service business license to the enterprise in accordance with its competence.

In case of refusal to grant the license, within 15 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the enterprise.

b) In case of re-granting a license to provide network infrastructure-based telecommunications services due to a change in demand for the use of radio frequencies that must be allocated through auctions, examinations for the right to use radio frequencies, or re-grant of frequency band licenses, the time limit and procedures for processing the dossier shall comply with the law on radio frequencies.

c) In case where an enterprise is granted a telecommunications service business license, the licensing agency shall send a copy of the license to the Ministry of Public Security for coordination in information security control and assurance.

5. A re-granted telecommunications service business license shall be valid from the date of signing. In case of re-granting due to license expiration, the re-granted license shall be valid from the expiration date of the license subject to re-granting.

6. The term of the re-granted license shall be determined based on the enterprise’s proposal but shall not exceed the maximum term specified in Clause 2, Article 33 of the Law on Telecommunications for the license subject to re-granting.

7. The publication of the contents of the re-granted telecommunications service business license shall comply with Clause 6, Article 35 of this Decree.

8. An enterprise that has been granted a license to establish a public telecommunications network or a license to provide telecommunications services as specified in Clauses 2 and 3, Article 73 of the Law on Telecommunications and wishes to have the license re-granted shall carry out procedures for re-granting both the license to establish a public telecommunications network and the corresponding license to provide telecommunications services in accordance with this Article. The re-granting of telecommunications service business licenses shall be carried out under the following principles:

a) The re-granted license to provide network infrastructure-based telecommunications services shall replace the license to establish a public telecommunications network and the license to provide telecommunications services subject to re-granting;

b) The re-granted license to provide telecommunications services without network infrastructure shall replace the license to provide telecommunications services subject to re-granting.

Article 40. Granting, modification, supplementation, and extension of licenses for installation of submarine telecommunications cables

1. Granting of licenses for installation of submarine telecommunications cables

An organization applying for a license to install submarine telecommunications cables shall submit an original dossier and 04 duplicate dossiers to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier. An application dossier shall comprise:

a) A written request for granting a license for installation of submarine telecommunications cables, made using Form No. 12 provided in the Appendix to this Decree;

b) A valid copy of the legal documents of the applying organization (including the establishment decision, operation license, enterprise registration certificate, or investment registration certificate for foreign investors, or other equivalent documents in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original;

c) A copy of the organization’s operational charter, documents specifying the organizational structure or form of linkage or joint operation among its members;

d) The project for the installation of submarine telecommunications cables shall include the following principal contents: legal documents relating to the investment approval for the cable route (if any); an overview of the applying organization; the necessity of investing in the cable route; the current status of the network, market development demand, and clear identification of characteristics, objectives, and scope of the cable route; investment form, total investment capital, capital contribution ratio of members, capacity ownership ratio, and landing stations along the entire cable route; technical specifications of the cable route (total length of the entire route, total length within Vietnam’s maritime zones, coordinates of the cable landing point and exit point in Vietnam’s maritime zones); proposed coordinates of the cable route to be installed, the route of the cable must be presented on a map that correctly represents Vietnam’s territorial sovereignty, national borders, and administrative boundaries in accordance with the law on surveying and mapping (administrative map of Vietnam at a scale of 1:9,000,000); number of fiber pairs, applied technology, design capacity, equipped capacity; construction plan (detailed schedule and construction method for survey, clearing, anchor dragging, post-lay inspection, and burial); expected date to commence survey, date to commence installation, and official date of partial or full operation of the cable route; the maintenance plan for the cable route within Vietnam’s maritime zones during the first 05 years from the official commencement of partial or full operation of the cable route; the plan to ensure the safety of vessels and personnel during construction, and to ensure the safety and security of artificial islands, equipment, and facilities at sea along the cable route in Vietnam’s maritime zones; the plan to ensure security and marine environment during the survey and construction of the cable route and related issues concerning marine survey and subsea operations; a commitment to ensuring the safety of and compensating for any damage to Vietnam’s artificial islands, equipment, and facilities at sea caused by vessels entering for the purpose of survey, installation, maintenance, repair, or retrieval of the submarine cable route.

2. Time limit and procedures for processing the application dossier for a license for installation of submarine telecommunications cables:

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall receive and examine the validity of the dossier within 10 days from the date of receipt. Within 05 working days after the completion of the validity examination, the Ministry shall forward the dossier to the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, and other relevant agencies or organizations for consulting their opinions. Within 20 days from the date of receipt of the dossier, the consulted agencies or organizations shall be responsible for providing written feedback. The written feedback must clearly state whether they agree with the granting of the license based on the received dossier or agree with conditions and measures that the applying organization must fulfill or additionally implement in order to be granted the license.

b) Within 25 days from the date of receipt of all written feedback from the consulted agencies or organizations, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider granting the license for installation of submarine telecommunications cables in accordance with its competence.

In case of refusal to grant the license, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall provide a written response, clearly stating the reasons for refusal to the applying organization.

3. The organization that is granted a license for installation of submarine telecommunications cables shall be responsible for sending a written notice to the Ministry of Information and Communications (Vietnam Telecommunications Authority) on the official date of partial or full operation of the cable route within 10 days from the official commencement date.

4. During the validity period of the license, the organization that is granted the license shall carry out procedures for modifying or supplementing the license in the event of a change in the name of the licensed organization or in the installation location of the cable route within Vietnam’s maritime zones.

In case of change of the registered head office address, change in capacity ownership ratio among members of the cable route, or change in landing stations outside of Vietnam’s maritime zones, the licensed organization shall notify the Ministry of Information and Communications (Vietnam Telecommunications Authority) of such changes within 30 days from the official date of change.

5. The organization applying for modification or supplementation of the license shall submit an original dossier and 04 duplicate dossiers to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier. The dossier shall comprise:

a) A written request for modification or supplementation of the license for installation of submarine telecommunications cables, made using Form No. 13 provided in the Appendix to this Decree;

b) Detailed contents of the modification or supplementation and other related documents.

6. The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall receive and examine the validity of the dossier for modification or supplementation of the license within 10 days from the date of receipt. Within 20 days from the completion of the validity examination, the Ministry shall consider modifying or supplementing the license in accordance with its competence, based on the compliance with the granted license and relevant legal provisions. In case of a change in the installation location of the cable route, the Ministry shall consult opinions from relevant agencies in accordance with Clause 2 of this Article, and the time limit for processing may be extended but shall not exceed 40 days from the end of the validity examination.

In case of refusal to modify or supplement the license, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying organization.

7. Extension of licenses for installation of submarine telecommunications cables (applicable to the cases where the first-time granted license has a term shorter than the maximum term as prescribed)

No later than 90 days prior to the expiration of the granted license for installation of submarine telecommunications cables, the licensed organization wishing to extend the license shall submit an original dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier for license extension. The application dossier for extension of the license for installation of submarine telecommunications cables shall comprise:

a) A written request for extension of the license for installation of submarine telecommunications cables, made using Form No. 14 provided in the Appendix to this Decree;

b) A report on the compliance with the contents of the granted license for installation of submarine telecommunications cables and relevant legal regulations.

8. The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall receive and examine the validity of the application dossier for license extension within 10 days from the date of receipt. Within 20 days from the end of the validity examination, the Ministry shall consider extending the license based on compliance with the granted license and relevant legal regulations. In case where consultation with relevant agencies or organizations is required, the time limit for consideration of license extension may be extended but shall not exceed 40 days from the end of the validity examination.

In case of refusal to extend the license, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall provide a written notice clearly stating the reason for refusal to the applying organization.

9. The license for installation of submarine telecommunications cables, when granted, modified, supplemented, or extended, shall be made using Form No. 30 provided in the Appendix to this Decree, and a copy thereof shall be sent to the Ministry of Public Security for coordination in ensuring information security and control.

10. The organization that has been granted a license for installation of submarine telecommunications cables and requests permission for vessels to enter Vietnam’s maritime zones to conduct survey, installation, maintenance, repair, or retrieval of submarine telecommunications cables shall submit an original dossier and 02 duplicate dossiers to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier. The application dossier for permission for vessels to enter Vietnam’s maritime zones shall comprise:

a) A written request for permission for vessels to enter Vietnam’s maritime zones made by the organization granted the license for installation of submarine telecommunications cables, specifying the cable segments to be surveyed, installed, maintained, repaired, or retrieved, made using Form No. 15 provided in the Appendix to this Decree;

b) The certificate of vessel registration and technical specifications of the vessel(s) expected to enter Vietnam’s maritime zones;

c) The crew list and information on the expected dates of entry, transit, and exit, purpose, and accommodation of the crew members (if entering or transiting in Vietnam);

d) Construction plan, including: detailed schedule, implementation method, start date, end date, and coordinates of the locations for survey, installation, maintenance, repair, or retrieval of the cable route;

dd) Official notice of cable incident issued by the cable operation and management center (In case where the vessel enters for repair);

e) Notice of service termination for the cable route issued by the cable route owners (In case where the vessel enters for retrieval).

11. Based on the compliance with the license for installation of submarine telecommunications cables, the written permission previously granted for vessel entry (if any), and the submitted application dossier, the Ministry of Information and Communications (Vietnam Telecommunications Authority), in coordination with the General Staff of the Ministry of National Defense, shall consider permitting vessels to enter Vietnam’s maritime zones to conduct survey, installation, maintenance, repair, or retrieval of submarine telecommunications cables as requested by the licensed organization and in accordance with laws.

In case where the crew members enter or transit in Vietnam, the Ministry shall also consult opinions from the immigration agency of the Ministry of Public Security. The written permission for vessels to enter Vietnam’s maritime zones shall be made using Form No. 31 provided in the Appendix to this Decree.

12. In case where a foreign organization applies for granting, modification, supplementation, or extension of a license for installation of submarine telecommunications cables, or requests permission for vessels to enter Vietnam’s maritime zones, the corresponding application dossier must be consularly legalized, translated into Vietnamese, and notarized in accordance with Vietnamese law. If such organization authorizes a Vietnamese organization or individual to carry out the aforementioned procedures, the dossier must include the authorization agreement in accordance with Vietnamese law.

13. Within 45 days from the date of completion of the survey, installation, maintenance, repair, or retrieval of the cable route, the organization requesting permission for vessel entry into Vietnam’s maritime zones shall be responsible for submitting a report to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and other relevant competent state agencies involved in such activities, including:

a) A report on the results of the survey, installation, maintenance, repair, or retrieval activities and any abnormal incidents that occurred within Vietnam’s maritime zones (if any);

b) Automatic Identification System (AIS) data of the vessels (in Excel format) submitted to the Ministry of Information and Communications (Vietnam Telecommunications Authority) via the email address: [email protected].

Article 41. Granting, modification, supplementation, and extension of licenses for establishment of private telecommunications networks

1. Granting of licenses for establishment of private telecommunications networks

An organization applying for a license for establishment of a private telecommunications network shall submit 01 original dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier. An application dossier for license granting shall comprise:

a) A written request for granting a license for establishment of a private telecommunications network, made using Form No. 16 provided in the Appendix to this Decree;

b) A valid copy of the organization’s establishment decision, operation license, enterprise registration certificate, or investment registration certificate (or other valid equivalent certificate or license in accordance with the law on enterprises and the law on investment), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original;

c) A copy of the organization's charter, documents specifying the general organizational structure or the form of linkage or joint operation among network members that remains valid and bears the organization's certification seal;

d) The project for establishment of a private telecommunications network, specifying: the purpose of network establishment; network configuration; types of equipment; services to be used; network members; scope of operation; technology to be used; proposed frequencies, codes, and numbers for telecommunications use; technical equipment and operational measures to ensure information safety and security.

2. Time limit and procedures for processing application dossiers for licenses for establishment of private telecommunications networks

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Vietnam Telecommunications Authority shall notify the organization in writing within 05 working days from the date of receipt.

b) If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider granting the license for establishment of a private telecommunications network to the organization in accordance with its competence. In case of refusal to grant the license, within 40 days from the end of the dossier validity examination period, the Vietnam Telecommunications Authority shall issue a written notice clearly stating the reason for refusal to the applying organization. In case where consultation with relevant agencies or organizations is required, the time for license consideration may be extended but shall not exceed 60 days from the end of the dossier validity examination period.

For application dossiers for licenses for establishment of private telecommunications networks submitted by organizations entitled to privileges and immunities granted to diplomatic missions, consular offices, or representative offices of international organizations in Vietnam, the license consideration shall be based on written opinions from the Ministry of Foreign Affairs and the Ministry of Public Security.

3. Modification and supplementation of licenses for establishment of private telecommunications networks

a) During the validity period of the license, the licensed organization shall submit an application dossier for modification or supplementation of the license to the Ministry of Information and Communications (Vietnam Telecommunications Authority) upon any changes to the licensed organization’s name, list of network members, network configuration, network operation scope, or type of services provided. In case of changes to the registered head office address, the licensed organization is not required to carry out procedures for license modification or supplementation but shall notify the licensing agency within 30 days from the official date of change.

b) An application dossier for modification or supplementation shall comprise: a written request for modification or supplementation of the license for establishment of a private telecommunications network, made using Form No. 17 provided in the Appendix to this Decree; a detailed description of the proposed modifications or supplementations; and any related documents (if any).

c) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the licensing agency shall notify the organization in writing within 05 working days from the date of receipt. If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider modifying or supplementing the license in accordance with its competence. In case of refusal, within 40 days from the end of the dossier validity examination period, the licensing agency shall issue a written notice clearly stating the reason for refusal to the applying organization. In case where consultation with relevant agencies or organizations is required, the time for license consideration may be extended but shall not exceed 60 days from the end of the dossier validity examination period.

4. Extension of licenses for establishment of private telecommunications networks (applicable to the cases where the first-time granted license has a term shorter than the maximum duration as prescribed)

a) An organization that has been granted a license for establishment of a private telecommunications network and wishes to extend such license shall submit an application dossier for license extension to the Ministry of Information and Communications (Vietnam Telecommunications Authority) at least 90 days prior to the expiration date of the license, and shall be responsible for the accuracy and truthfulness of the application dossier;

b) An application dossier for license extension shall comprise: a written request for extension of the license for establishment of a private telecommunications network, made using Form No. 18 provided in the Appendix to this Decree; and a report on the implementation of the granted license for establishment of a private telecommunications network;

c) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the application dossier within 05 working days from the date of receipt. If the dossier is invalid, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice to the organization within 05 working days from the date of receipt. If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider extending the license for establishment of a private telecommunications network in accordance with its competence. In case of refusal to extend the license, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying organization. In case where consultation with relevant agencies or organizations is required, the time limit for consideration of license extension may be extended but shall not exceed 60 days from the end of the dossier validity examination period.

5. The license for establishment of a private telecommunications network that is granted, modified, supplemented, or extended shall be made using Form No. 32 provided in the Appendix to this Decree, and a copy thereof shall be sent to the Ministry of Public Security for coordination in ensuring information security and control.

Article 42. Granting, modification, supplementation, and extension of licenses for testing telecommunications networks and services

1. Granting of licenses for testing telecommunications networks and services

An enterprise wishing to test telecommunications networks and services shall submit a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier. An application dossier shall comprise:

a) A written request for granting a license for testing telecommunications networks and services, made using Form No. 19 provided in the Appendix to this Decree;

b) The project for testing telecommunications networks and services, specifying: purposes, scope, scale, and duration of the testing; network configuration, type of services, testing partners; proposed service prices; proposed frequencies and number resources for testing; provisions and conditions to ensure the interests of users In case where the enterprise does not officially launch the services upon the expiration of the testing period.

2. Time limit and procedures for processing an application dossier for a license for testing telecommunications networks and services

The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice to the enterprise within 05 working days from the date of receipt.
If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider granting the license for testing telecommunications networks and services to the enterprise in accordance with its competence. In case of refusal to grant the license, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying enterprise.

3. Modification and supplementation of a license for testing telecommunications networks and services

a) During the validity period of the license, the licensed enterprise shall submit an application dossier for modification or supplementation of the license to the Ministry of Information and Communications (Vietnam Telecommunications Authority) in case of changes to the name of the licensed organization, network configuration, testing scale, network operation scope, type of services provided, or targeted users of the testing services.

In case of a change to the enterprise’s head office address, the enterprise is not required to carry out procedures for license modification or supplementation but must notify the licensing agency within 30 days from the effective date of the change.

b) An application dossier for modification or supplementation shall comprise: a written request for modification or supplementation of the license for testing telecommunications networks and services, made using Form No. 20 provided in the Appendix to this Decree; detailed description of the proposed modifications or supplementations; and other related documents (if any).

c) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice to the enterprise within 05 working days from the date of receipt. If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider modifying or supplementing the license for testing telecommunications networks and services in accordance with its competence. In case of refusal to modify or supplement the license, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying enterprise.

4. Extension of a license for testing telecommunications networks and services

a) An enterprise that has been granted a license for testing telecommunications networks and services and wishes to extend such license shall submit a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) at least 90 days prior to the expiration date of the license and shall be responsible for the accuracy and truthfulness of the application dossier. An application dossier for license extension shall comprise: a written request for extension of the license for testing telecommunications networks and services, made using Form No. 21 provided in the Appendix to this Decree; and a report on the implementation of the granted license for testing telecommunications networks and services;

b) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice to the enterprise within 05 working days from the date of receipt.
If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider extending the license for testing telecommunications networks and services to the enterprise in accordance with its competence. In case of refusal to extend the license, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying enterprise.

5. The license for testing telecommunications networks and services that is granted, modified, supplemented, or extended shall be made using Form No. 33 provided in the Appendix to this Decree, and a copy thereof shall be sent to the Ministry of Public Security for coordination in ensuring information security and control.

6. Upon the conclusion of the testing period, the licensed enterprise shall be responsible for summarizing and completing the testing dossier and submitting a report on the testing results to the Ministry of Information and Communications (Vietnam Telecommunications Authority).

7. After the testing period, the licensed enterprise wishing to officially launch the telecommunications network or services shall carry out procedures for applying for a telecommunications service business license.

Article 43. Granting, modification, supplementation, and extension of licenses for establishment of telecommunications networks granted to government-attached national radios and national televisions

1. Granting of a license for establishment of telecommunications networks granted to government-attached national radios and national televisions

An organization applying for a license for establishment of telecommunications networks as prescribed at Point d, Clause 3, Article 33 of the Law on Telecommunications shall submit a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier. An application dossier shall comprise:

a) A written request for granting a license for establishment of telecommunications networks granted to government-attached national radios and national televisions, made using Form No. 22 provided in the Appendix to this Decree;

b) A valid copy of the operation license of the applying organization, including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original;

c) The project for establishment of the telecommunications network, specifying: purpose of network establishment; network configuration; types of equipment; services to be used; target users; scope of operation; technology to be used; proposed telecommunications frequencies, codes, and numbers; technical equipment and operational measures to ensure the safety of telecommunications infrastructure.

2. Time limit and procedures for processing an application dossier for a license for establishment of telecommunications networks granted to government-attached national radios and national televisions

a) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Vietnam Telecommunications Authority shall notify the applying organization in writing within 05 working days from the date of receipt;

b) If the dossier is valid, within 40 days from the end of the validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider granting the license to the applying organization in accordance with its competence. In case of refusal to grant the license, a written notice clearly stating the reason for refusal shall be issued within 40 days from the end of the validity examination period. In case where consultation with relevant agencies or organizations is required, the time limit for license consideration may be extended but shall not exceed 60 days from the end of the dossier validity examination period.

3. Modification and supplementation of a license for establishment of telecommunications networks granted to government-attached national radios and national televisions

a) During the validity period of the license, in case of changes to the name of the licensed organization or network configuration, the licensed organization shall submit an application dossier for license modification or supplementation to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the application dossier.

In case of a change to the head office address, the licensed organization is not required to carry out procedures for license modification or supplementation but shall notify the licensing agency within 30 days from the date of the change.

b) An application dossier for license modification or supplementation shall comprise: a written request for modification or supplementation of the license, made using Form No. 23 provided in the Appendix to this Decree; a detailed description of the proposed modifications or supplementations; and other related documents (if any).

c) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice to the organization. If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider modifying or supplementing the license for establishment of telecommunications networks granted to government-attached national radios and national televisions in accordance with its competence. In case of refusal to modify or supplement the license, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying organization. In case where consultation with relevant agencies or organizations is required, the time limit for consideration of license modification or supplementation may be extended but shall not exceed 60 days from the end of the dossier validity examination period.

4. Extension of a license for establishment of telecommunications networks granted to government-attached national radios and national televisions (applicable to the cases where the first-time granted license has a term shorter than the maximum duration as prescribed)

a) An organization that has been granted a license for establishment of telecommunications networks granted to government-attached national radios and national televisions and wishes to extend such license shall submit a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) at least 90 days prior to the expiration date of the license and shall be responsible for the accuracy and truthfulness of the application dossier.

b) An application dossier for license extension shall comprise: a written request for extension of the license for establishment of telecommunications networks granted to government-attached national radios and national televisions, made using Form No. 24 provided in the Appendix to this Decree; and a report on the implementation of the granted license for establishment of telecommunications networks.

c) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 05 working days from the date of receipt. If the dossier is invalid, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice to the organization. If the dossier is valid, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall consider extending the license for establishment of telecommunications networks granted to government-attached national radios and national televisions in accordance with its competence. In case of refusal to extend the license, within 40 days from the end of the dossier validity examination period, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall issue a written notice clearly stating the reason for refusal to the applying organization. In case where consultation with relevant agencies or organizations is required, the time limit for consideration of license extension may be extended but shall not exceed 60 days from the end of the dossier validity examination period.

5. The license for establishment of telecommunications networks granted to government-attached national radios and national televisions that is granted, modified, supplemented, or extended shall be made using Form No. 34 provided in the Appendix to this Decree, and a copy thereof shall be sent to the Ministry of Public Security for coordination in ensuring information security and control.

Article 44. Registration for provision of telecommunications services

1. Prior to providing data center services, an enterprise shall carry out registration and be granted a certificate of registration for provision of telecommunications services.

2. Conditions for registration for provision of telecommunications services include:

a) Possessing an enterprise registration certificate or an investment registration certificate;

b) Having a technical plan that conforms to the master plan on information and communications infrastructure, regulations on standards and technical regulations, and ensures the safety of telecommunications infrastructure, cyberinformation safety, and information security.

3. Dossiers of registration for provision of telecommunications services

An enterprise registering for provision of telecommunications services shall submit a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier. An application dossier shall comprise:

a) A written request for registration for provision of telecommunications services, which specifies information on the telecommunications services to be provided and a commitment to satisfying the conditions for registration for provision of telecommunications services, made using Form No. 25 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate or the investment registration certificate for foreign investors (or another valid equivalent certificate or license in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original.

4. Time limit and procedures for processing a dossier of registration for provision of telecommunications services

The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier within 03 working days from the date of receipt. If the dossier is invalid, the Vietnam Telecommunications Authority shall issue a written notice to the enterprise. The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall grant a certificate of registration for provision of telecommunications services, made using Form No. 26 provided in the Appendix to this Decree, within 05 working days from the end of the dossier validity examination period, and shall disclose information on telecommunications enterprises that have completed the registration on the website of the Vietnam Telecommunications Authority.

5. A telecommunications enterprise shall re-conduct the registration procedures in the following cases:

a) Change of the enterprise’s name;

b) Change of information on data center infrastructure established or leased by the enterprise compared to the information declared in the written request for registration for provision of telecommunications services specified at Point a, Clause 3 of this Article.

Article 45. Notification of telecommunications service provision

1. Organizations and enterprises shall make a notification of telecommunications service provision prior to providing telecommunications services in the following cases:

a) Enterprises providing basic telecommunications services on the Internet, cloud computing services, email services, voice mail services, or value-added facsimile services;

b) Foreign organizations providing, on a cross-border basis, to users located within the territory of Vietnam, telecommunications services including: basic telecommunications services on the Internet, data center services, or cloud computing services.

2. In case where an enterprise provides both cloud computing services and data center services, it shall not be required to carry out a separate notification procedure for the provision of telecommunications services, but shall declare information about the cloud computing services in the written request for registration of telecommunications service provision, made using Form No. 25 provided in the Appendix to this Decree, and shall be permitted to provide cloud computing services after submitting a valid registration dossier.

3. A dossier of notification of telecommunications service provision

An organization or enterprise notifying telecommunications service provision shall submit a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority) and shall be responsible for the accuracy and truthfulness of the dossier. A dossier of notification of telecommunications service provision shall comprise:

a) A notification of telecommunications service provision, made using Form No. 27 provided in the Appendix to this Decree;

b) A valid copy of the enterprise registration certificate or investment registration certificate applicable to foreign investors (or other valid equivalent certificate or license in accordance with the law on investment and the law on enterprises), including a copy issued from the master register, a certified copy, a copy printed by a competent agency or organization from the national database where the original information is stored, or a copy collated with the original (applicable to the case specified at Point a, Clause 1 of this Article).

4. Time limit and procedures for processing a dossier of notification of telecommunications service provision

The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall examine the validity of the dossier of notification of telecommunications service provision. If the dossier is invalid, the Vietnam Telecommunications Authority shall issue a written notice to the organization or enterprise within 03 working days from the date of receipt. The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall publish information on organizations and enterprises that have completed the notification of telecommunications service provision on the website of the Vietnam Telecommunications Authority.

5. Organizations and enterprises shall notify the Ministry of Information and Communications (Vietnam Telecommunications Authority) upon any of the following changes:

a) Change of the organization’ or enterprise’s name;

b) Change of contact point information applicable to foreign organizations providing basic telecommunications services on the Internet, data center services, or cloud computing services on a cross-border basis to users within the territory of Vietnam.

Article 46. Receipt of application dossiers for telecommunications licenses, dossiers of registration or notification of telecommunications service provision, dossiers of request for cessation of telecommunications service business, and dossiers of request for settlement of disputes in telecommunications service business

1. Organizations and enterprises shall submit application dossiers for grant, modification, supplementation, extension, or re-granting of telecommunications licenses; dossiers of registration or notification of telecommunications service provision; dossiers of request for cessation of telecommunications service business; and dossiers of request for settlement of disputes in telecommunications service business to the Ministry of Information and Communications (Vietnam Telecommunications Authority) via one of the following methods:

a) In person;

b) Via postal services;

c) Via the online public service system.

2. For a dossier submitted in person, the date of receipt shall be the date on which the Ministry of Information and Communications (Vietnam Telecommunications Authority) receives the dossier directly from the enterprise.

3. For a dossier submitted via postal services, the date of receipt shall be the date on which the Ministry of Information and Communications (Vietnam Telecommunications Authority) receives the dossier delivered by the postal service provider.

4. For a dossier submitted via the online public service system, the date of receipt shall be the date on which the online public service system notifies the Ministry of Information and Communications (Vietnam Telecommunications Authority) of the receipt of the dossier.

Article 47. Examination of validity of application dossiers for telecommunications licenses, dossiers of registration or notification of telecommunications service provision

1. Application dossiers for grant, modification, supplementation, extension, or re-granting of telecommunications licenses; dossiers of registration or notification of telecommunications service provision shall be made in Vietnamese. Dossiers must bear valid seals or digital signatures of organizations or enterprises; printed documents prepared by organizations or enterprises comprising two or more pages must bear overlapping seals.

2. The examination of the validity of a dossier shall be conducted based on the following criteria:

a) The dossier is prepared in accordance with Clause 1 of this Article;

b) It contains all required documents applicable to each type of dossier;

c) The documents provided contain all required categories of information as prescribed.

Article 48. Revocation of telecommunications licenses and forcible termination of telecommunications service provision

1. In the cases of revocation of telecommunications licenses specified at Points a, b, c, and h, Clause 1, Article 40 of the Law on Telecommunications, and the cases of forcible termination of telecommunications service provision specified at Points a, b, and c, Clause 2, Article 40 of the Law on Telecommunications, after obtaining the decision or confirmation from a competent state agency regarding the enterprise’s violations, the telecommunications licensing agency (which is the agency issuing telecommunications licenses, granting telecommunications service provision registration, and receiving telecommunications service provision notification) shall issue a decision on revocation of the telecommunications license, a decision on forcible termination of telecommunications service provision, or a decision on revocation of the certificate of registration of telecommunications service provision in accordance with its competence.

2. In the cases of revocation of telecommunications service business licenses specified at Points d and dd, Clause 1, Article 40 of the Law on Telecommunications, and the cases of forcible termination of telecommunications service provision specified at Point d, Clause 2, Article 40 of the Law on Telecommunications, the Ministry of Information and Communications (Vietnam Telecommunications Authority) shall notify the enterprise of violations and request a written explanation:

a) Within 15 days from the expiration of the time limit specified in the notice, if the enterprise fails to submit a written explanation, fails to prove the provision of services to the market, or fails to provide an opinion regarding the act of ceasing telecommunications service provision for one consecutive year without notification, the telecommunications licensing agency shall issue a decision on revocation of the telecommunications service business license, a decision on forcible termination of telecommunications service provision, or a decision on revocation of the certificate of registration of telecommunications service provision in accordance with its competence;

b) In case where the enterprise fails to fully implement in practice its commitment to deploying the telecommunications network and is subject to administrative sanction in accordance with the law on handling of administrative violations, and fails to remedy the violation within one year from the date of sanction, the telecommunications licensing agency shall issue a decision on revocation of the telecommunications license in accordance with its competence.

3. In case where the enterprise terminates all telecommunications service business activities specified in the granted license or certificate of registration of telecommunications service provision and has completed the procedures for full termination of telecommunications service business activities in accordance with this Decree, the telecommunications licensing agency shall issue a decision on revocation of the telecommunications service business license or certificate of registration of telecommunications service provision in accordance with its competence.

4. In case where the enterprise has not officially provided services or has not officially operated the telecommunications network and voluntarily returns the telecommunications service business license or certificate of registration of telecommunications service provision due to change in business orientation or inability to implement the licensed contents, the telecommunications licensing agency shall issue a decision on revocation of the telecommunications service business license or certificate of registration of telecommunications service provision in accordance with its competence within 10 working days from the date of receipt of the written request for revocation of the telecommunications service business license, made using Form No. 11 provided in the Appendix to this Decree.

5. In case where a telecommunications enterprise has all its allocated radio frequency resources revoked and fails to carry out procedures for modification, supplementation, or re-granting of the telecommunications service business license within 12 months from the date of the decision on revocation of the radio frequency use license as prescribed at Point g, Clause 1, Article 40 of the Law on Telecommunications, the telecommunications licensing agency shall issue a decision on revocation of the telecommunications service business license in accordance with its competence.

6. A telecommunications enterprise subject to license revocation shall be responsible for fully fulfilling all financial obligations related to the revoked telecommunications license up to the effective date of the revocation decision. In case where the telecommunications service business license is revoked while there are still subscribers using the service, the telecommunications enterprise shall be responsible for ensuring user interests as follows:

a) Ensuring the lawful rights and interests of telecommunications service users under the signed telecommunications service contracts and of other related parties in accordance with law;

b) Ensuring the transition of service users to equivalent telecommunications services provided by another telecommunications enterprise or agreeing on compensation with service users if the enterprise whose license is revoked falls under one of the following categories: telecommunications enterprises holding essential equipment, enterprises with market dominance, or enterprises providing public-utility telecommunications services.

Article 49. Charge for the telecommunications operation right

1. The charge for the telecommunications operation right prescribed in Clause 1, Article 43 of the Law on Telecommunications aims to implement the State’s telecommunications policies in each period and primarily ensure the recovery of telecommunications management costs.

2. An organization granted a license for commercial provision of telecommunications services shall be responsible for paying the charge for the telecommunications operation right in accordance with the following principle: Annual payment at a fixed amount, the payable amount depending on the type, scope, and scale of the telecommunications network; telecommunications services; revenue from telecommunications services; the quantity and value of allocated telecommunications resources for network establishment; and the level of use of spaces, ground surfaces, underground spaces, riverbeds, and seabeds for constructing telecommunications facilities.

3. An organization granted a license for establishment of private telecommunications networks, a license for testing telecommunications networks and services, or a license for establishment of telecommunications networks as prescribed at Point d, Clause 3, Article 33 of the Law on Telecommunications shall make a lump-sum payment at a fixed amount for the whole validity period of the license.

4. An organization granted a license for installation of submarine telecommunications cables shall make a lump-sum payment at a fixed amount for the whole validity period of the license and for each time a vessel enters for cable repair, maintenance, or retrieval.

5. An organization or enterprise granted a telecommunications license shall be responsible for fully and punctually paying the charge for the telecommunications operation right in accordance with the notice issued by the licensing agency. This charge shall be recorded as deductible expenses when determining taxable income in accordance with the Law on Corporate Income Tax and guiding documents. In case where the enterprise makes a lump-sum payment at a fixed amount for the whole validity period of the telecommunications license, the charge for the telecommunications operation right shall be allocated based on the number of years corresponding to the license’s validity period.

Chapter IV
TECHNICAL REGULATIONS AND TELECOMMUNICATIONS QUALITY

Article 50. System of technical regulations on telecommunications and radio frequencies

The system of technical regulations on telecommunications and radio frequencies includes technical regulations on:

1. Terminal equipment;

2. Network equipment;

3. Telecommunications connection;

4. Telecommunications services;

5. Passive telecommunications infrastructure;

6. Emission quality of radio equipment;

7. Radio radiation safety of radio equipment, radio wave application equipment, and radio stations;

8. Electromagnetic compatibility safety of radio equipment, telecommunications equipment, information technology equipment, radio wave application equipment, and electrical and electronic equipment;

9. Electrical safety and electromagnetic field exposure safety;

10. Installation of network equipment and passive telecommunications infrastructure;

11. Other technical regulations as prescribed by the Ministry of Information and Communications.

Article 51. Management of telecommunications quality

1. The assessment of conformity with technical regulations for equipment and services shall be carried out as follows:

a) Terminal equipment, radio equipment, radio wave application equipment, information technology equipment, electrical and electronic equipment included in the list of potentially unsafe products and goods under the management responsibility of the Ministry of Information and Communications must undergo conformity certification, conformity declaration, and use conformity marks before being marketed or connected to public telecommunications networks;

b) Telecommunications services included in the list of telecommunications services subject to mandatory quality management issued by the Ministry of Information and Communications must carry out procedures for quality declaration as prescribed before being provided to the public.

2. Inspection of network equipment and radio stations included in the list of equipment subject to mandatory inspection issued by the Ministry of Information and Communications is a technical activity carried out according to a prescribed process to assess and confirm the conformity of network equipment and radio stations with the requirements specified in the corresponding technical regulations. Inspection shall be conducted prior to operation, periodically, or irregularly as requested by competent state agencies.

3. The Ministry of Information and Communications shall be responsible for:

a) Providing specific regulations on inspection and inspection procedures for network equipment and radio stations;

b) Designating and recognizing organizations for assessment and confirmation of conformity in the fields of telecommunications and radio frequencies.

Chapter V
MASTER PLAN ON PASSIVE TELECOMMUNICATIONS INFRASTRUCTURE

Section 1
GENERAL PROVISIONS

Article 52. Agencies in charge of organizing the master plan formulation and master plan formulation agencies

1. Agencies in charge of organizing the master plan formulation are provincial-level People’s Committees.

2. Master plan formulation agencies are specialized telecommunications agencies under provincial-level People’s Committees (Departments of Information and Communications) as assigned by the provincial-level People’s Committees to formulate the master plans.

Article 53. Responsibilities of provincial-level People’s Committees

1. Appraising and approving the master plan formulation task.

2. Collecting opinions of relevant agencies, organizations, and individuals on the master plan formulation task.

3. Deciding to approve and publicize the local passive telecommunications infrastructure master plan every 5 years with a 10-year vision, and adjusting or supplementing it according to the needs of local socio-economic development in combination with ensuring national defense and security, while ensuring consistency with other approved relevant master plans.

4. Directing the Department of Information and Communications to develop and approve the plan for implementation of the local passive telecommunications infrastructure master plan for the entire planning period.

Article 54. Responsibilities of Departments of Information and Communications

1. Assuming the prime responsibility for, and coordinating with relevant agencies and organizations in, developing and submitting the master plan formulation task; submitting the dossier requesting appraisal of the master plan formulation task to the provincial-level People’s Committee for organization of appraisal.

2. Selecting a consulting organization for master plan formulation in accordance with regulations.

3. Organizing the formulation of the master plan according to the approved master plan task.

4. Providing sufficient documents and facilities as prescribed to the Appraisal Council and relevant agencies when participating in the appraisal and approval of the master plan.

5. Developing and submitting to the provincial-level People’s Committee for approval the plan for implementation of the master plan for the entire planning period.

6. Approving and organizing the annual implementation plan of the master plan:

a) Approving the plan for implementation of the passive telecommunications infrastructure master plan of enterprises;

b) Directing and guiding relevant organizations and individuals in organizing the implementation of the approved local passive telecommunications infrastructure master plan;

c) Inspecting and examining the implementation of the approved enterprise plans.

7. Developing a database and digital map to update the current status of passive telecommunications infrastructure in localities:

a) Assuming the prime responsibility for, and coordinating with departments and equivalent-level agencies in, collecting, updating, assessing, managing, storing, publicizing, exploiting and using information and data on master planning in accordance with regulations;

b) Organizing the management of information and data on the passive telecommunications infrastructure master plan throughout the province via the information system and master planning database in the network environment;

c) Applying information technology, integrating information, data, and applications to serve agencies, organizations, and individuals in effectively exploiting, ensuring the ability to share, reuse and increase the value of information and data on the master plan;

d) Storing, preserving, and providing information and data on the master plan.

Article 55. Responsibilities of consulting organizations for master plan formulation

1. Assuming the responsibility for the contents under contracts, including quantity, implementation schedule, accuracy, and quality of the master plan products.

2. Coordinating with relevant agencies, organizations, and individuals during the master plan formulation process.

Article 56. Time limit for master plan formulation

1. The time limit for preparing the master plan formulation task shall not exceed 45 days.

2. The time limit for formulating the master plan shall be based on the approved master plan formulation task and shall not exceed 6 months from the date the master plan formulation task is approved.

3. The time limits specified in Clauses 1 and 2 of this Article shall not include the time for appraisal and approval of the master plan formulation task and the time for appraisal and approval of the master plan.

Section 2
MASTER PLAN FORMULATION

Article 57. Contents of the master plan formulation task

1. Grounds for preparing the master plan formulation task include:

a) The information and communications infrastructure master plan; regional master plans; provincial master plans; road network master plans; railway network master plans; construction master plans; urban and rural master plans; other national sectoral master plans, and technical or specialized master plans related to passive telecommunications infrastructure;

b) Relevant legal normative documents;

c) Report on the current status of passive telecommunications infrastructure, and review and evaluation of implementation of the master plan of the previous period.

2. Contents of the master plan formulation task:

a) Grounds for master plan formulation;

b) Viewpoints and objectives of master plan formulation;

c) Scope, subjects, and planning period;

d) Identification of key tasks of the master plan;

dd) Forecast of development demands during the planning period;

e) Requirements on contents and methods of master plan formulation;

g) Requirements on master plan products (components, quantity, standards, and file specifications);

h) Time limit for master plan formulation, formulation schedule, and responsibilities of agencies in organizing the master plan formulation;

i) Estimated cost of master plan formulation.

Article 58. Organization of appraisal of the master plan formulation task

1. The provincial-level People’s Committee shall be responsible for organizing the appraisal of the master plan formulation task by establishing an Appraisal Council or assigning a competent unit to conduct the appraisal.

2. A dossier submitted for appraisal of the master plan formulation task shall comprise the following documents:

a) A written request for appraisal of the master plan formulation task;

b) An explanatory report on the master plan formulation task;

c) Other related documents (if any).

3. Contents of appraisal of the master plan formulation task:

a) Consistency with legal grounds;

b) Consistency, scientific basis, and reliability of the contents and methods of master plan formulation;

c) Consistency between the contents of the master plan formulation task and the estimated cost and funding source for master plan formulation;

d) Feasibility of the plan on master plan formulation.

4. Appraisal reports on the master plan formulation task:

a) An appraisal report on the master plan formulation task must contain the contents specified in Clause 3 of this Article;

b) From the date of completion of appraisal, the Appraisal Council or the competent appraisal unit shall send the appraisal report on the master plan formulation task to the Department of Information and Communications;

c) From the date of receipt of the appraisal report on the master plan formulation task, the Department of Information and Communications shall be responsible for reviewing, explaining, taking into account the appraisal opinions, and finalizing the dossier for submission for approval of the master plan formulation task.

5. The Chairperson of the provincial-level People’s Committee shall decide on the establishment of the Appraisal Council for the master plan formulation task.

6. The Appraisal Council for the master plan formulation task shall comprise:

a) The Chairperson of the Council;

b) Council members: representatives of specialized agencies in charge of transport, construction, information and communications, public security, local military authority, and representatives of relevant agencies and organizations;

c) Peer reviewers.

7. A meeting of the Appraisal Council for the master plan formulation task shall be conducted when at least 50% of the Council members, including the Chairperson, are present.

8. Decision-making mechanism of the Appraisal Council:

a) The Appraisal Council for the master plan formulation task shall work collectively, conduct open discussions, and make decisions by voting based on the majority principle;

b) The master plan formulation task shall be eligible for submission for approval when over 50% of the total members of the Appraisal Council vote in favor or vote in favor with modifications.

9. Minutes of the appraisal meeting of the master plan formulation task:

a) The minutes of the appraisal meeting of the master plan formulation task must clearly reflect the opinions of the Council members and the conclusions of the Chairperson of the Council;

b) From the date of receipt of the minutes of the appraisal meeting of the master plan formulation task, the Department of Information and Communications shall finalize the dossier and submit it to the Chairperson of the provincial-level People’s Committee for approval.

Article 59. Approval of the master plan formulation task

1. A dossier submitted for approval of the master plan formulation task shall comprise the following documents:

a) A submission requesting the approval of the master plan formulation task;

b) A draft decision of the Chairperson of the provincial-level People’s Committee approving the master plan formulation task;

c) An appraisal report on the master plan formulation task;

d) A report explaining and incorporating the opinions of the Appraisal Council on the content of the master plan formulation task;

dd) A revised and completed explanatory report on the master plan formulation task;

e) Other relevant documents (if any).

2. The decision approving the master plan formulation task shall contain the following principal details:

a) Name of the master plan, planning period, scope and subjects of the master plan;

b) Master planning viewpoints, objectives, and principles;

c) Requirements for the content, methodology, and digital maps of the master plan;

d) Time limit for formulating the master plan;

dd) Quantity, standards and specifications of the master planning dossier;

e) Estimated cost for formulating the master plan;

g) Responsibilities for resolving arising issues during the master planning process;

h) Other contents as assigned by the approving agency of the master plan formulation task.

Section 3
MASTER PLAN CONTENTS AND CONSULTATION ON MASTER PLAN

Article 60. Grounds for formulating the master plan

The master plan on passive telecommunications infrastructure shall be formulated based on the actual local situation and the following grounds:

1. Provincial master plan;

2. Master plan on information and communications infrastructure, regional master plan, urban and rural master plans, relevant national sectoral master plans, and other technical and specialized master plans related to passive telecommunications infrastructure;

3. Current state of passive telecommunications infrastructure of telecommunications service providers with network infrastructure in the locality at the time of master plan formulation;

4. Five-year passive telecommunications infrastructure development plans of telecommunications service providers with network infrastructure in the locality, disaggregated by year, and ten-year development orientations from the time of master plan formulation;

5. Infrastructure development schemes under other master plans in the locality.

Article 61. Contents of the master plan

1. Requirements for the master plan:

a) The master plan on passive telecommunications infrastructure in a locality must concretize the provincial master plan, conform to the approved master plan on information and communications infrastructure; and ensure consistency and uniformity with urban and rural master plans, technical infrastructure master plans of other sectors related to passive telecommunications infrastructure, and relevant standards and technical regulations;

b) The master plan on passive telecommunications infrastructure must ensure connectivity and consistency among technical infrastructure systems and among provinces; meet requirements for shared use of technical infrastructure facilities among agencies, organizations, enterprises, and sectors; and concurrently meet requirements for combining socio-economic development with assurance of national defense and security in the locality;

c) The master plan on passive telecommunications infrastructure must clearly define the objectives, requirements, contents, and scale of passive telecommunications infrastructure development, while specifying the implementation solutions and timeline;

d) The master plan must be formulated based on the current state of passive telecommunications infrastructure, development plans and forecasts of telecommunications units and enterprises operating in the locality;

dd) Applying information technology to develop and manage the master plan on passive telecommunications infrastructure, including digital maps and electronic databases.

2. Contents of the master plan:

The principal contents of the master plan on passive telecommunications infrastructure shall include:

a) Development schemes for underground technical infrastructure facilities and cable-hanging poles by area, direction, and route (such as ducts, manholes, conduits, trenches, and technical tunnels);

b) Development schemes for antenna masts;

c) Development schemes for houses and stations for installation of telecommunications equipment serving telecommunications purposes, including international submarine cable landing stations, international terrestrial transmission stations, ground satellite stations, national backbone transmission systems, inter-provincial backbone transmission stations, and regional switching centers;

d) Development schemes for data centers and energy consumption demands.

3. Based on the actual situation in the locality and in accordance with laws, the master plan may also include other contents related to passive telecommunications infrastructure in the locality.

Article 62. Development schemes for underground technical infrastructure facilities and cable-hanging poles

1. Objectives:

a) Ensuring network safety and improving the quality of telecommunications services;

b) Ensuring the sustainable development of telecommunications infrastructure with disaster resilience, based on the current state of passive telecommunications infrastructure, disaster history, key disaster-prone areas, and disaster prevention, control and search and rescue plans in the locality;

c) Undergrounding and rearranging telecommunications cables; promoting the shared use of infrastructure among telecommunications enterprises and between sectors to gradually limit the hanging of telecommunications cables, meeting environmental landscape protection requirements, especially in urban areas with high aesthetic requirements to orient cable undergrounding;

d) Ensuring consistency with the orientations and plans for undergrounding and construction of technical infrastructure of the construction, transport, electricity, lighting, and water supply and drainage sectors.

2. Requirements:

a) Meeting the demand for the development of underground technical infrastructure facilities by area, direction, and route of telecommunications units and enterprises during the planning period;

b) Giving priority to the construction of underground technical infrastructure facilities for telecommunications cable installation in new urban areas, industrial parks, export processing zones, hi-tech parks, and newly built, upgraded, or expanded roads and streets;

c) The scheme shall include separate telecommunications cable-hanging poles or adjustments and supplementations to the master plan to expand the capacity of underground technical infrastructure facilities in conformity with the development plans of enterprises, to be implemented in areas where it is no longer possible to lay cables underground in existing underground technical infrastructure facilities, or to construct new underground technical infrastructure facilities, and in cases where electric poles or lighting poles are unavailable or unsuitable for the installation of telecommunications cables;

d) Giving priority to the shared use of cable-hanging pole systems and underground technical infrastructure facilities if the directions or routes of telecommunications cable systems are similar;

dd) Cable-hanging poles and underground technical infrastructure facilities must ensure safety and aesthetics, and comply with construction design requirements and relevant standards and technical regulations;

e) Identifying new directions and routes for cable ducts, manholes, and cable-hanging poles on the principle of maximizing shared use with technical infrastructure facilities of other sectors;

g) Directions and routes of underground technical infrastructure facilities and cable-hanging poles must be presented on the 1:10,000 scale map.

3. Master planning contents

The list of underground technical infrastructure routes and cable-hanging poles shall be compiled in accordance with Form No. 35 of the Appendix to this Decree. The contents shall include the following information:

a) Name of the district-level administrative unit;

b) Names of areas, roads, and streets where underground technical infrastructure facilities must be constructed, or separate telecommunications cable-hanging poles must be installed, or shared cable-hanging poles with other sectors such as electric poles, lighting poles, and other types of poles must be used for installing telecommunications cables;

c) Type of technical infrastructure facilities used for installing telecommunications cables, including: separate underground telecommunications infrastructure work (N1), shared underground infrastructure work with other sectors (N2), separate telecommunications cable-hanging pole (C1), shared cable-hanging pole with other sectors (C2);

d) Scale of the technical infrastructure facilities used for installing telecommunications cables;

dd) Deadline for putting the works into operation.

Article 63. Development schemes for antenna masts

1. Objectives:

a) Identifying the number of antenna masts to be developed and their heights according to the classification of construction works;

b) Identifying the number of antenna masts capable of withstanding level-4 natural disaster risks and supporting the shared use of equipment by at least two enterprises;

c) Developing schemes for mobile information coverage in coastal and island areas at the district level through the deployment of seaward-facing antenna masts to serve production and business activities and national defense and security at sea;

d) Developing schemes for other antenna mast structures within district-level administrative units based on the current situation and development demands of units.

2. Requirements:

a) Antenna masts must ensure safety and aesthetics, and comply with construction design requirements and relevant standards and technical regulations; ensure compliance with standards and technical regulations on electromagnetic compatibility and radio frequency radiation safety; level-4 disaster-resistant antenna masts must be identified based on the current state of passive telecommunications infrastructure, disaster history, key disaster-prone areas, and disaster prevention, control, and search and rescue plans in the locality;

b) The height of antenna masts to be constructed must be suitable to the terrain and climate conditions of each area, and comply with local regulations on construction height, ensuring aviation safety and structural safety as prescribed by law;

c) Antenna systems installed on antenna masts must ensure safety for telecommunications network operations, particularly in urban areas, and comply with regulations on environmental landscape protection;

d) Development schemes for antenna masts must ensure mobile information coverage in land border areas while minimizing signal spillover in such areas as proposed by public security agencies.

3. Master planning contents for antenna masts (made using Form No. 36 provided in the Appendix to this Decree) shall include the following information:

a) Planning areas up to the district level;

b) Types of technical infrastructure facilities: mobile broadcasting antenna masts (A1), seaward-facing mobile broadcasting antenna masts (A2), television antenna masts (A3), radio antenna masts (A4), taxi antenna masts (A5), other antenna masts (A6);

c) Number of antenna masts according to planning demands;

d) Maximum height of antenna masts;

dd) Permanent antenna masts capable of withstanding level-4 natural disaster risks;

e) Seaward-facing antenna masts.

Article 64. Development schemes for telecommunications houses and stations, and data centers

1. Objectives:

a) Identifying the list and number of telecommunications houses and stations that require land use (NT1), and those that do not require land use (NT2), up to the district level;

b) Identifying the list and number of data centers, including land use demand and corresponding energy consumption demand, up to the district level, to ensure the installation of equipment serving telecommunications operations in accordance with development requirements.

2. Requirements:

a) Telecommunications houses and stations must ensure safety and aesthetics, and comply with construction design requirements, technical safety corridor requirements, and relevant standards and technical regulations;

b) Telecommunications houses and stations requiring land use for construction in new urban areas, industrial parks, export processing zones, hi-tech parks, apartment buildings, public works, functional areas, and industrial clusters must be prioritized to ensure the capability of installing equipment and antenna masts to allow at least two telecommunications enterprises to provide services to users;

c) Data centers must conform to energy master plans.

3. Contents of development schemes for telecommunications houses and stations (made using Form No. 37 provided in the Appendix to this Decree) shall include the following information:

a) Number of facilities;

b) Functions of the facilities (satellite stations, international submarine cable landing stations, intra-provincial, inter-provincial, national, and international transmission and switching stations, radio and television stations, and other telecommunications facilities);

c) Proposed locations (at the district level);

d) Proposed land use areas;

dd) Possibility of shared use of the facilities;

e) Type of technical infrastructure work (NT1/NT2).

4. Contents of the data center master plan (made using Form No. 38 provided in the Appendix to this Decree) shall include the following information:

a) Proposed locations (at the district level);

b) Proposed land use areas;

c) Total estimated power consumption.

Article 65. Consultation on the master plan

1. The Department of Information and Communications shall be responsible for collecting opinions from specialized agencies under the provincial-level People’s Committee, district-level People’s Committees, relevant organizations, enterprises and individuals regarding the master plan (In cases where the master plan may affect the safety corridors of railway or road works, the master plan formulation agency shall consult the competent railway or road management agency); and posting the draft master plan on the portals of the provincial-level People’s Committee and the Department of Information and Communications to collect public feedback for finalizing the draft.

2. Consultation with specialized agencies under the provincial-level People’s Committee, district-level People’s Committees, and relevant organizations and enterprises regarding the master plan shall be carried out as follows:

a) The Department of Information and Communications shall send dossiers for consultation on the master plan; the consulted agencies, organizations, and enterprises shall be responsible for providing written replies;

b) The Department of Information and Communications shall consolidate, explain, and incorporate the opinions, and report to the provincial-level People’s Committee for consideration before submitting the master plan for appraisal.

Section 4
APPRAISAL, APPROVAL, AND PUBLICATION OF THE MASTER PLAN

Sub-section 1
APPRAISAL OF THE MASTER PLAN

Article 66. Competence for appraisal of the master plan

The provincial-level People’s Committee shall decide on the establishment of the Appraisal Council and the Secretariat (if any) for organizing the appraisal of the master plan.

Article 67. Appraisal Council for the master plan

1. The Appraisal Council for the master plan shall comprise: the Chairperson of the Council being a leader of the provincial-level People’s Committee; members of the Council being representatives of specialized agencies under the provincial-level People’s Committee, public security and military authority, and experts (representatives of network infrastructure-based telecommunications enterprises, specialized agencies in charge of planning, construction, transport, and other relevant agencies), including two members as peer reviewers.

2. The specific composition and structure of the Appraisal Council and the Secretariat shall be decided by the provincial-level People’s Committee or the Chairperson of the Appraisal Council.

3. Responsibilities and powers of the Appraisal Council:

a) The Chairperson of the Council shall be responsible for the operation of the Appraisal Council; organize and preside over meetings of the Council; assign tasks to members of the Council; and report on the appraisal results of the master plan;

b) Peer reviewers shall be responsible for fully attending the Council’s meetings; studying the submitted master planning dossier; and preparing written review opinions to be submitted to the Secretariat before the meeting of the Appraisal Council;

c) Members of the Appraisal Council shall be responsible for attending the Council’s meetings; studying the submitted master planning dossier; preparing written opinions to be presented at the meetings of the Council on their respective areas of expertise and other tasks as assigned by the Chairperson of the Council; and have the right to reserve their opinions.

4. The Secretariat shall be responsible for receiving, studying, and handling dossiers; providing submitted master planning dossiers to members of the Appraisal Council for their review and comments; organizing the Council’s meetings at the request of the Chairperson; drafting minutes of the Council’s meetings, the appraisal report on the master plan, and other tasks as assigned by the Chairperson of the Council.

Article 68. Dossiers submitted for appraisal of the master plan

1. A dossier submitted for appraisal of the master plan shall comprise the following main documents:

a) A submission requesting approval of the master plan;

b) A report on the master plan;

c) A draft decision approving the master plan;

d) A consolidated report explaining and incorporating the opinions of local specialized agencies, district-level People’s Committees, relevant organizations, enterprises and individuals on the master plan; and a report explaining and incorporating such comments;

dd) A system of diagrams, maps, and database on the master plan.

2. The Appraisal Council for the master plan shall only conduct the appraisal upon receipt of the complete dossier as specified in Clause 1 of this Article. Where necessary, the Appraisal Council shall have the right to request the Department of Information and Communications to provide additional information and clarification on relevant contents.

Article 69. Consultation during the master plan appraisal

1. From the date of receipt of a dossier submitted for appraisal of the master plan, if the dossier satisfies the conditions for organizing the appraisal, the Appraisal Council shall send the dossier to its members for consulting their opinions.

2. Where necessary, the Appraisal Council may decide to consult opinions from experts, socio-professional organizations, and other relevant organizations.

Article 70. Appraisal of the master plan

1. A meeting to appraise the master plan shall be convened when at least two-thirds (2/3) of the Appraisal Council members are present, including the Chairperson and two peer reviewers.

2. Decision-making mechanism of the Appraisal Council shall be as follows:

a) The Appraisal Council shall work collectively, conduct open discussions, and vote by ballots based on the majority principle;

b) The master plan shall be deemed eligible for submission for approval if more than three-fourths (3/4) of the attending members vote in favor of approval or approval with revisions.

3. The appraisal report on the master plan must clearly present the opinions of the Council members and the conclusion of the Chairperson of the Appraisal Council.

4. If the master plan is approved or approved with revisions by the Appraisal Council, from the date of receipt of the appraisal report, the Department of Information and Communications shall finalize the dossier and report to the provincial-level People’s Committee. If the master plan is not approved by the Appraisal Council, from the date of receipt of the appraisal report, the Department of Information and Communications shall revise the dossier and report to the provincial-level People’s Committee.

Article 71. Handling the master plan after appraisal

1. In case where the master plan is deemed eligible for decision or approval without any request for revision or supplementation, from the date of conclusion of the appraisal meeting, the Appraisal Council shall submit the appraisal report to the Chairperson of the Appraisal Council for approval and send it to the Department of Information and Communications for finalizing the dossier to be submitted for master plan approval.

2. In case where the master plan is eligible for approval but requires revision or supplementation, the handling procedures shall be as follows:

a) From the date of conclusion of the appraisal meeting, the Appraisal Council shall send a written conclusion to the Department of Information and Communications for revising, supplementing, and finalizing the master plan in accordance with the Council’s conclusion, and resubmitting it together with a written explanation of the incorporation of the Council’s opinions;

b) The Appraisal Council shall receive the revised master plan dossier, review the revised contents, and solicit opinions from its members;

c) If more than 50% of the Appraisal Council members agree to approve the master plan, the Appraisal Council shall prepare an appraisal report and submit it to the Chairperson of the Appraisal Council for approval, and send it to the Department of Information and Communications for finalizing the dossier to be submitted for master plan approval;

d) If the master plan fails to fully satisfy the revision and supplementation requirements of the Appraisal Council, the Council shall issue a written instruction on revision and supplementation to the Department of Information and Communications.

3. In case where the master plan is not yet eligible for submission for approval, from the date of conclusion of the appraisal meeting, the Appraisal Council shall send its written conclusion to the Department of Information and Communications for reviewing and revising the master plan dossier.

Sub-section 2
APPROVAL AND PUBLICATION OF THE MASTER PLAN

Article 72. Dossiers submitted for approval of the master plan

A dossier submitted for approval of the master plan shall comprise:

1. A submission requesting the approval of the master plan;

2. A draft decision approving the master plan, with principal contents including: planning period, planning scope, viewpoints, objectives, requirements, contents, planning solutions, implementation of the master plan, and organization of implementation;

3. An appraisal report on the master plan;

4. A consolidated report explaining and incorporating the opinions of specialized agencies under the provincial-level People’s Committee, district-level People’s Committees, relevant organizations, enterprises and individuals on the master plan; and a report explaining and incorporating such comments;

5. A system of diagrams and planning maps at the 1:10,000 scale.

Article 73. Publication of the master plan

1. The publication of the master plan shall comply with the law on planning, except for contents related to state secrets in accordance with the law on protection of state secrets.

2. The provincial-level People’s Committee shall publish the master plan via mass media, post it on the portals of the provincial-level People’s Committee and the Department of Information and Communications, and concurrently submit it to the Ministry of Information and Communications.

Section 5
ORGANIZATION OF IMPLEMENTATION, EVALUATION, AND ADJUSTMENT OF THE MASTER PLAN

Article 74. Organization of implementation of the master plan

1. The organization of implementation of the master plan shall be carried out within the scope and tasks assigned under the decision approving the master plan issued by the competent authority.

2. The provincial-level People’s Committee shall:

a) Direct the Department of Information and Communications to develop, update, and supplement the digital database on maps and master planning documents in accordance with regulations for sharing with local specialized agencies and reporting to the Ministry of Information and Communications;

b) Update the planning database into the general planning database of the locality;

c) Direct functional agencies to organize the implementation of the master plan, issue construction permits for telecommunications facilities, shared use, undergrounding, and urban landscape improvement;

d) Organize the inspection of the implementation of the master plan and plans for implementation of passive telecommunications infrastructure development.

Article 75. Evaluation and review of the implementation of the master plan

1. The evaluation of the implementation of the master plan shall be conducted on a planning period basis, upon adjustment of the master plan, or at the request of the provincial-level People’s Committee.

2. Contents of evaluation of the implementation of the master plan shall include:

a) Results of the implementation of the master planning objectives;

b) Impacts related to socio-economic development, national defense, and security within the planned area;

c) Assessment of the implementation status of the master plan, difficulties and obstacles;

d) Assessment of policies and solutions for organizing the implementation of the master plan.

3. The Department of Information and Communications shall be responsible for organizing the review of the master plan and reporting to the provincial-level People’s Committee after 30 months from the date the master plan is approved in order to make adjustments in line with the local socio-economic, defense, and security development situation.

Article 76. Adjustment of the master plan

1. The master plan shall be adjusted in the following cases:

a) Adjustment of the objectives of the local socio-economic development strategy, or sectoral or field development strategy, resulting in changes to the objectives of the master plan;

b) Adjustment of a higher-level master plan that alters the contents of or creates inconsistencies with the master plan of the same level;

c) Impacts of natural disasters, climate change, or war that alter the objectives, orientations, or territorial spatial organization of the master plan;

d) The master plan fails to be implemented or its implementation adversely affects socio-economic development, national defense, security, or historical and cultural relics, as identified through the review and evaluation of master plan implementation.

2. Partial adjustment of the master plan contents that does not affect the approved objectives, viewpoints, development orientations, and implementation solutions of the master plan, and ensures consistency with other master plans in the region, shall be carried out in the following cases:

a) Actual demand arises for network development to provide new-technology telecommunications services, or to expand the capacity or number of infrastructure facilities;

b) Rapid developments in science and technology render planning information outdated compared to the trends of social development;

c) Changes or adjustments to administrative boundaries.

Article 77. Order, procedures, and competence for adjustment of the master plan

1. The order and procedures for adjustment of the master plan shall comply with the provisions on formulation, appraisal, approval, publication, and provision of master planning information as prescribed in this Decree.

2. The order and procedures for partial adjustment of the master plan shall be carried out as follows:

a) The provincial-level People’s Committee shall assign the Department of Information and Communications to prepare and submit a report on partial adjustment of the master plan;

b) The Department of Information and Communications shall review and consult with specialized agencies in charge of transport, construction, and other relevant agencies in the locality;

c) The partial adjustment of the master plan shall be submitted to the provincial-level People’s Committee for approval.

Article 78. Plans for implementation of the master plan

1. A plan for implementation of the master plan shall be issued after the master plan on passive telecommunications infrastructure is approved. The Department of Information and Communications shall develop the plan and submit it to the provincial-level People’s Committee for approval for the entire planning period.

2. On an annual basis, the Department of Information and Communications shall be responsible for approving plans for implementation of master plans developed by network infrastructure-based telecommunications enterprises in the locality to ensure:

a) Effective implementation of the approved master plans for passive telecommunications infrastructure in the locality;

b) Synchronization with infrastructure development plans of other sectors and coordinated implementation upon approval;

c) Promotion of shared use of technical infrastructure facilities, assurance of safety, and protection of the local environmental landscape;

d) Synchronization with the development plans of transport infrastructure, construction, undergrounding plans of electricity, water supply and drainage, lighting, and other related technical infrastructure in the locality;

dd) Reduction in time and procedures for granting construction permits for telecommunications facilities in the locality;

e) Integration into the database and digital maps to serve the management of passive telecommunications infrastructure in particular and the province’s technical infrastructure in general.

3. An annual plan (made using Form No. 39 provided in the Appendix to this Decree) shall include the following principal contents:

a) Plan for development of underground technical infrastructure facilities (ducts, manholes, conduits, trenches, technical tunnels), and telecommunications cable-hanging poles (made using Form No. 40 provided in the Appendix to this Decree);

b) Plan for development of antenna masts for each area, compiled in tabular form and presented on digital maps (made using Form No. 41 provided in the Appendix to this Decree);

c) Plan for development of telecommunications houses and stations for each area, compiled in tabular form and presented on digital maps (made using Form No. 42 provided in the Appendix to this Decree);

d) Plan for development of other related technical infrastructure facilities for installation of telecommunications equipment (made using Form No. 43 provided in the Appendix to this Decree);

dd) Plan for shared use of passive telecommunications infrastructure (according to Section 7 of Form No. 39 provided in the Appendix to this Decree);

e) Plan for development of data centers in the province (made using Form No. 44 provided in the Appendix to this Decree);

g) In addition to the above-mentioned contents, based on the actual situation in the locality and in accordance with current legal regulations, the plan may include other contents related to passive telecommunications infrastructure in the locality.

4. Network infrastructure-based telecommunications service providers in the locality shall be responsible for:

a) Collecting and reporting data on passive telecommunications infrastructure in the locality as requested by the Department of Information and Communications to serve the formulation, submission for approval, publication, and management of master plans for passive telecommunications infrastructure in the locality;

b) Providing data to serve the formulation of plans for implementation of master plans with the principal contents specified in Clause 3 of this Article;

c) Submitting their annual passive telecommunications infrastructure development plans to the Department of Information and Communications for approval;

d) Proposing and recommending to the Department of Information and Communications for resolution of difficulties and obstacles;

dd) Developing databases and digital maps to update the current state of the enterprise’s passive telecommunications infrastructure for the purposes of formulating master plans, plans for implementation of master plans, and approving implementation plans of enterprises.

Chapter VI

TELECOMMUNICATIONS FACILITIES

Article 79. Ensuring safety of telecommunications infrastructure

Telecommunications enterprises shall be responsible for ensuring the safety of telecommunications infrastructure facilities as follows:

a) Protecting telecommunications infrastructure facilities against attacks, intrusions, and sabotage; preventing and responding to incidents caused by fire, explosion, or other hazardous factors;

b) Implementing solutions and backup systems to ensure the stable and safe operation of telecommunications infrastructure facilities;

c) Taking measures to prevent acts prohibited under Article 9 of the Law on Telecommunications;

d) Ensuring safety for telecommunications equipment and personnel operating telecommunications networks;

dd) Ensuring the safety of telecommunications infrastructure facilities in accordance with relevant standards and technical regulations.

2. A telecommunications facility important to national security is a facility of particular significance to the operation of the national telecommunications network and directly affecting socio-economic development, national defense, and security. The criteria for identifying telecommunications facilities important to national security shall be prescribed by the Prime Minister.

3. The protection of telecommunications facilities important to national security shall comply with the law on protection of facilities important to national security.

Article 80. Engineering, construction, installation, and use of telecommunications facilities

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, formulating and promulgating national technical regulations and management regulations applicable to telecommunications cable networks and indoor mobile broadcasting systems in apartment buildings.

2. The engineering, construction, and installation of telecommunications facilities must conform to the master plan on passive telecommunications infrastructure. In case where such master plan has not yet been approved, the Department of Information and Communications shall, based on the master plan on information and communications infrastructure, provincial master plan, regional master plan, urban and rural master plans, relevant national sectoral master plans, and technical and specialized master plans, advise the provincial-level People’s Committee to issue a written confirmation of conformity of the facility.

3. The use of passive telecommunications infrastructure facilities must ensure that service users have the freedom to choose telecommunications service providers, and promote competition in network establishment and telecommunications service provision by enterprises in apartment buildings, public works, functional areas, and industrial clusters.

4. Agencies, organizations, and units assigned to manage and use public property as specified in Clauses 3 and 4, Article 65 of the Law on Telecommunications include: state agencies; units of the people’s armed forces; public non-business units; agencies of the Communist Party of Vietnam; the Vietnam Fatherland Front, socio-political organizations; socio-political-professional organizations; social organizations, professional social organizations; and other organizations established in accordance with the law on associations; enterprises and other relevant entities as prescribed by law.

5. Where telecommunications facilities are located within the protection scope of road infrastructure, their engineering, construction, management, and use shall comply with the law on road transport and other relevant regulations.

Article 81. Sharing of telecommunications infrastructure

1. The Ministry of Information and Communications shall decide on the sharing of telecommunications infrastructure among telecommunications enterprises at the request of ministries, sectors, or localities for the purposes of search, rescue, salvage, disaster, fire, and other catastrophe prevention and control, and epidemic prevention and control activities.

2. Telecommunications enterprises shall be obliged to share passive telecommunications infrastructure in accordance with Point b, Clause 4, Article 13 and Clause 2, Article 47 of the Law on Telecommunications with other telecommunications enterprises.

In case where the parties fail to reach an agreement on the infrastructure sharing price, price negotiation shall be conducted in accordance with the law on prices. If the parties fail to agree on other matters related to passive telecommunications infrastructure sharing, the following procedures shall apply:

a) The Department of Information and Communications shall assume the prime responsibility for mediating and resolving the sharing of passive telecommunications infrastructure within its local management area;

b) The Ministry of Information and Communications (Vietnam Telecommunications Authority) shall assume the prime responsibility for mediating and resolving the sharing of passive telecommunications infrastructure involving two or more provinces.

3. Sharing of active telecommunications infrastructure means the joint use by telecommunications enterprises of parts of the telecommunications network and equipment. Sharing of active telecommunications infrastructure must ensure the following:

a) Compliance with Clause 2, Article 47 of the Law on Telecommunications;

b) Compliance with regulations on competition, radio frequencies, and other relevant legal provisions.

4. The sharing of telecommunications infrastructure by telecommunications enterprises with agencies or organizations directly serving national defense and security for the performance of national defense and security tasks as specified at Point b, Clause 1, Article 47 of the Law on Telecommunications shall be carried out as follows:

a) Telecommunications enterprises shall be responsible for sharing telecommunications infrastructure with agencies or organizations directly serving national defense and security, except where such sharing is technically infeasible;

b) In cases where the sharing of telecommunications infrastructure with agencies or organizations directly serving national defense and security involves the combination of national defense and security tasks with the provision of telecommunications services, the sharing specified at Point a of this Clause shall only apply to the tasks directly serving national defense and security.

Article 82. Undergrounding and embellishment of telecommunications cable lines

1. Based on the approved master plan on passive telecommunications infrastructure, the approved plan for implementation of such master plan, annual implementation plans of network infrastructure-based telecommunications enterprises, and the local plans for development of transport, construction, and technical infrastructure, the provincial-level People’s Committee shall direct the implementation of undergrounding and embellishment of telecommunications cable lines in the locality.

In case where the master plan on passive telecommunications infrastructure and related implementation plans have not yet been issued, the Department of Information and Communications shall, based on the infrastructure development plans of network infrastructure-based telecommunications enterprises and the local plans for development of transport, construction, and technical infrastructure, advise the provincial-level People’s Committee to promulgate and organize the implementation of a plan for undergrounding and embellishment of telecommunications cable lines in the locality.

2. Telecommunications enterprises shall be responsible for participating in and contributing funding for the undergrounding and embellishment of their telecommunications cable lines.

3. The undergrounding and embellishment of telecommunications cable lines shall be carried out in accordance with the principle of maximizing the shared use of technical infrastructure facilities, and in conformity with technical regulations in the fields of telecommunications and construction. The shared use of passive telecommunications infrastructure facilities with other technical infrastructure facilities shall comply with the law on telecommunications and other relevant laws.

Chapter VII
IMPLEMENTATION PROVISIONS

Article 83. Amending, supplementing, replacing and annulling a number of articles of relevant Decrees

1. To replace the phrase “granting” with the phrase “re-granting” at Point b1 Clause 2 Article 19; Points b and d Clause 4, Point d Clause 5, Clause 6 Article 19; Point b Clause 2 and Point b Clause 3 Article 26; Point b1 Clause 2 and Clause 3 Article 28 of the Government’s Decree No. 63/2023/ND-CP dated August 18, 2023 detailing a number of articles of the Law on Radio Frequencies No. 42/2009/QH12, as amended and supplemented under Law No. 09/2022/QH15.

2. To amend and supplement Article 33 of the Government’s Decree No. 63/2023/ND-CP dated August 18, 2023 detailing a number of articles of the Law on Radio Frequencies No. 42/2009/QH12, as amended and supplemented under Law No. 09/2022/QH15, as follows:

a) Amending and supplementing Point a, Clause 1 as follows:

“a) Satisfying the conditions for re-granting or modification and supplementation of the license for provision of telecommunications services in accordance with the law on telecommunications;”

b) Amending and supplementing Point b, Clause 3 as follows:

“b) Submitting a dossier to the Ministry of Information and Communications (Vietnam Telecommunications Authority), including: an application dossier for re-granting or modification and supplementation of the license for provision of telecommunications services in accordance with the law on telecommunications for the frequency band subject to the re-granting request, and a written commitment to network deployment, using the form provided in Appendix IV to this Decree.”

3. Annulling Clause 4, Article 33 of the Government’s Decree No. 63/2023/ND-CP dated August 18, 2023 detailing a number of articles of the Law on Radio Frequencies No. 42/2009/QH12, as amended and supplemented under Law No. 09/2022/QH15.

Article 84. Effect

1. This Decree takes effect from December 24, 2024. Regulations on the management of data center services, cloud computing services, and basic telecommunications services on the Internet shall take effect from January 1, 2025.

2. Annulling the Government’s Decree No. 25/2011/ND-CP dated April 6, 2011 detailing and guiding the implementation of a number of articles of the Law on Telecommunications; the Government’s Decree No. 81/2016/ND-CP dated July 1, 2016, amending and supplementing a number of articles of the Government’s Decree No. 25/2011/ND-CP dated April 6, 2011 detailing and guiding the implementation of a number of articles of the Law on Telecommunications; the Government’s Decree No. 49/2017/ND-CP dated April 24, 2017 amending and supplementing Article 15 of the Government’s Decree No. 25/2011/ND-CP dated April 6, 2011, detailing and guiding the implementation of a number of articles of the Law on Telecommunications; and Article 30 of the Government’s Decree No. 174/2013/ND-CP dated November 13, 2013, providing for sanctioning of administrative violations in the fields of post, telecommunications, information technology and radio frequency.

Article 85. Transitional provisions

1. Organizations and enterprises that have been granted telecommunications licenses in accordance with the Law on Telecommunications No. 41/2009/QH12 and the Law on Telecommunications No. 24/2023/QH15 shall pay licensing fees and telecommunications operation right fees corresponding to each licensed telecommunications activity, scope, and used telecommunications resources in accordance with the current regulations on charges and fees until competent authorities issue replacement documents.

2. For telecommunications activities arising under the Law on Telecommunications No. 24/2023/QH15 for which there are no charge or fee collection provisions under current regulations on charges and fees, such charges and fees shall not be collected until competent authorities issue documents stipulating the collection thereof.

Article 86. Organization of implementation

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally run cities, and concerned organizations, enterprises and individuals shall be responsible for the implementation of this Decree.

2. The Ministry of Information and Communications shall, within the scope of its functions and tasks, assume the responsibility for organizing and guiding the implementation of this Decree.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

HO DUC PHOC