Overview

  • 10 chapters and 73 articles.
  • Taking effect as from July 1, 2024, except for certain provisions which will come into effect as from January 1, 2025 (on data center service, cloud computing services, OTT services).

NEW "NONTRADITIONAL" TELECOMS SERVICES

  • Internet-based telecoms services: services that send, transmit, and receive information between two or among a group of users over the Internet (or OTT communications services).
    • Likely they will only include stand-alone communications services (eg, messaging, calling) and will exclude services with an extra communications function (eg, social networks apps).
  • Data center service: a service that has features to process, store, and access information for users via telecommunications networks by leasing a data center in whole or in part.
  • Cloud computing service: a service that provides features to process, store, and access information for users via telecommunications networks by using a cloud computing model.

NEW "NONTRADITIONAL" TELECOMS SERVICES (continued)

  • General principles/requirements:
    • No foreign ownership restriction.
    • Can go through an (online) registration/notification process, rather than to obtain a telecoms license.
    • Must register, record, and manage information involving the service users.
    • Must publicize services quality standard.
    • Cross-border services are not yet provided (likely regulated by following the decree which involves a licensed Vietnamese telecoms provider).
  • Other notable points:
    • OTT services: must obtain consent from users in case of accessing users' terminal devices.
    • Data center/cloud computing services:
      • Must comply with current QCVN/TCVN standards on data center and declare its conformity.
      • Not responsible for the content/data stored and/or processed.
      • Must not track/monitor data, unless requested by competent authorities.
      • Must block access to (illegal) data as requested by the authorities.

"REBRANDING" OF TELECOMS LICENSES

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NEW REGISTRATION/NOTIFICATION REQUIREMENT

  • Certain telecoms services will be subject to a registration/notification process:
    • Registration: Register information on the company, services, and the service providers' undertakings on complying with the quality standards required by law.
    • Notification: Declare information on the company, nature of services, and quality standards of the services.
    • List of specific applicable services and relevant procedures will be provided under a separate decree.
    • Likely now possible via an online portal of MOIC.

AUCTION/TRANSFER OF TELECOMS RESOURCES

  • Overview:
    • Currently, under Decision 16/2021: only limited telecoms resources are available for auction/transfer.
    • New law is more open and transparent toward auction/transfer.
  • Types of telecoms resources eligible for auction/transfer, eg:
    • Network code for mobile telecoms services
    • Service code for SMS services
    • Mobile subscription numbers (for individual users)
    • ".vn" websites with 1-2 characters
  • Auction will be opened online (likely on an MOIC's portal) with starting prices provided by law, depending on the types of the auctioned.
  • For others, first come, first served as before.

OTHER MATTERS

  • Construction of telecommunications works on public land is permitted and encouraged.
  • Developers of certain construction projects (eg, apartment buildings, industrial parks, etc) are required to build telecommunications infrastructure for at least two telecommunications enterprises.
  • Telecommunications services providers are responsible for preventing messages, calls from unwanted callers, and calls with signs of fraud.
  • A user must not use SIM numbers which have not been registered by himself, unless otherwise permitted by law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.