Decision No. 03/2007/QĐ-BTTTT on the issuance of regulations on the management of prepaid mobile phone subscriptions issued by the Minister of Information and Communications.

Pursuant to …;

VREGARDING THE ISSUANCE OF REGULATIONS ON THE MANAGEMENT OF PREPAID MOBILE SUBSCRIBER ACCOUNTS BY THE MINISTER OF INFORMATION AND COMMUNICATIONS

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BASED ON THE CIVIL CODE APPROVED BY THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM AT ITS 11TH SESSION, 7TH MEETING ON JUNE 14, 2005;

BASED ON THE NATIONAL SECURITY LAW APPROVED BY THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM AT ITS 11TH SESSION, 6TH MEETING ON DECEMBER 3, 2004;

BASED ON THE POSTAL AND TELECOMMUNICATIONS ORDINANCE OF MAY 25, 2002;

BASED ON DECREE NO. 86/2002/ND-CP OF NOVEMBER 5, 2002 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENT AGENCIES;

BASED ON DECREE NO. 160/2004/ND-CP OF SEPTEMBER 3, 2004 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE POSTAL AND TELECOMMUNICATIONS ORDINANCE ON TELECOMMUNICATIONS;

BASED ON DECREE NO. 142/2004/ND-CP OF JULY 8, 2004 OF THE GOVERNMENT PROVIDING FOR REGULATIONS ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN POSTAL SERVICES, TELECOMMUNICATIONS, AND RADIO FREQUENCY MANAGEMENT;

BASED ON THE GUIDANCE OF THE DEPUTY PRIME MINISTER NGUYEN SINH HUNG IN DOCUMENT NO. 311/VPCP-CN OF JANUARY 16, 2007 ON THE PROJECT FOR MANAGING PREPAID MOBILE PHONE SUBSCRIBER ACCOUNTS;

PURSUANT TO THE PROPOSAL OF THE HEAD OF THE TELECOMMUNICATIONS DEPARTMENT;,

DECISION:

Article 1. THESE REGULATIONS ARE ISSUED ALONG WITH THIS DECISION TO REGULATE THE MANAGEMENT OF PREPAID MOBILE SUBSCRIBER ACCOUNTS.

Article 2. THIS DECISION SHALL TAKE EFFECT FIFTEEN (15) DAYS FROM THE DATE OF PUBLICATION IN THE OFFICIAL GAZETTE.

Article 3. THE CHIEF OF THE MINISTRY’S OFFICE, THE CHIEF OF THE MINISTRY’S INSPECTORATE, THE HEAD OF THE TELECOMMUNICATIONS DEPARTMENT, THE HEADS OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS’ AFFILIATED UNITS, THE PEOPLE'S COMMITTEES OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT, MOBILE COMMUNICATION ENTERPRISES, THE OWNERS OF PREPAID MOBILE COMMUNICATION SERVICE TRANSACTION POINTS, AND THE OWNERS OF PREPAID MOBILE COMMUNICATION SERVICE SUBSCRIBER ACCOUNTS SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.

REGULATIONS

ON THE MANAGEMENT OF PREPAID MOBILE SUBSCRIBER ACCOUNTS

(ISSUED ALONG WITH DECREE NO. 03/2007/QĐ-BTTTT OF SEPTEMBER 4, 2007 OF THE MINISTER OF INFORMATION AND COMMUNICATIONS)

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PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THESE REGULATIONS SHALL REGULATE ACTIVITIES RELATING TO THE REGISTRATION, RETENTION, AND USE OF PERSONAL INFORMATION AND MOBILE NUMBERS OF INDIVIDUALS WHO REPRESENT ORGANIZATIONS, ORGANIZATIONS, OR INDIVIDUALS USING PREPAID MOBILE COMMUNICATION SERVICES (HEREINAFTER REFERRED TO AS PREPAID MOBILE SERVICES) IN ORDER TO UTILIZE AND EXPLOIT TELECOMMUNICATION RESOURCES EFFICIENTLY, PROMOTE SUSTAINABLE DEVELOPMENT OF THE VIETNAMESE TELECOMMUNICATION MARKET, AND ENSURE INFORMATION SAFETY AND SECURITY IN TELECOMMUNICATION ACTIVITIES.

Article 2. Applicability

1. STATE AUTHORITIES DIRECTLY RELATED TO THE MANAGEMENT, PROVISION, AND USE OF PREPAID MOBILE SERVICES;

2. MOBILE COMMUNICATION ENTERPRISES;

3. THE OWNERS OF PREPAID MOBILE COMMUNICATION SERVICE TRANSACTION POINTS (HEREINAFTER REFERRED TO AS THE OWNERS OF TRANSACTION POINTS);

4. THE OWNERS OF PREPAID MOBILE COMMUNICATION SERVICE SUBSCRIBER ACCOUNTS (HEREINAFTER REFERRED TO AS THE OWNERS OF SUBSCRIBER ACCOUNTS).

Article 3. Explanation of Terms

THE FOLLOWING TERMS USED IN THESE REGULATIONS SHALL BE INTERPRETED AS FOLLOWS:

1. PREPAID MOBILE SERVICES ARE SERVICES WHERE THE USER MUST PAY IN ADVANCE TO THE MOBILE COMMUNICATION ENTERPRISE THROUGH THE FORM OF A PREPAID SIM CARD OR A PREPAID MOBILE DEVICE (WITHOUT SIM CARD) OR OTHER SIMILAR FORMS.

2. MOBILE COMMUNICATION ENTERPRISES ARE TELECOMMUNICATION COMPANIES LICENSED BY THE MINISTRY OF INFORMATION AND COMMUNICATIONS TO ESTABLISH NETWORKS AND PROVIDE MOBILE COMMUNICATION SERVICES.

3. THE OWNERS OF TRANSACTION POINTS ARE ORGANIZATIONS OR INDIVIDUALS AUTHORIZED BY THE MOBILE COMMUNICATION ENTERPRISE TO RECEIVE SUBSCRIBER INFORMATION REGISTRATIONS AND TRANSFER THE REGISTERED INFORMATION TO THE ENTERPRISE SO THAT THE ENTERPRISE CAN UPDATE THE INFORMATION INTO THE DATABASE AND ACTIVATE THE SERVICE FOR THE SUBSCRIBER.

4. THE OWNERS OF SUBSCRIBER ACCOUNTS ARE THE INDIVIDUALS WHO REPRESENT ORGANIZATIONS, ORGANIZATIONS, OR INDIVIDUALS USING PREPAID MOBILE COMMUNICATION SERVICES, INCLUDING:

a) THE OWNERS OF PREPAID MOBILE SUBSCRIBER ACCOUNTS OF LOCAL AND NATIONAL MOBILE TELEPHONE NETWORKS;

b) THE OWNERS OF PREPAID MOBILE SUBSCRIBER ACCOUNTS OF WIRELESS TRUNK TELEPHONE NETWORKS;

c) THE OWNERS OF PREPAID MOBILE SUBSCRIBER ACCOUNTS OF OTHER TELECOMMUNICATION NETWORKS AS PROVIDED BY THE MINISTRY OF INFORMATION AND COMMUNICATIONS.

5. THE SUBSCRIBER INFORMATION DATABASE IS A SET OF EQUIPMENT (INCLUDING BOTH HARDWARE AND SOFTWARE) LINKED TOGETHER TO SERVE THE PURPOSE OF UPDATING, RETAINING, AND USING SUBSCRIBER INFORMATION OF THE MOBILE COMMUNICATION ENTERPRISE.

Article 4. Principles for Registration, Storage, and Use of Subscriber Information

1. The method and procedures for registration must be reasonable and simple; they shall not cause inconvenience or additional costs to the subscriber.

2. Ensure that subscriber information is registered, stored uniformly, centrally, reliably, and used for their intended purposes.

3. Ensure confidentiality of subscriber information in accordance with the provisions of the law. Mobile information enterprises have the responsibility to ensure the confidentiality of subscriber information except in the following cases:

a) The subscriber agrees to provide their own information;

b) Mobile information enterprises have a written agreement among themselves regarding the exchange and provision of subscriber information for the management of usage fees and to prevent actions of evading contractual obligations of subscribers;

c) When requested by competent state agencies in accordance with the law.

Chapter II

REGISTRATION, STORAGE, AND USE OF PREPAID MOBILE SUBSCRIBER INFORMATION

Article 5. Subjects for Registration

All subjects specified in Clause 4, Article 3 must register subscriber information, including:

1. Subscribers starting to use prepaid mobile services;

2. Prepaid mobile subscribers whose two-way service is currently active;

3. Prepaid mobile subscribers who have been one-way suspended;

4. Prepaid mobile subscribers who have been fully suspended but are still within the period allowed to retain their number according to regulations and wish to re-register for use;

5. Prepaid mobile subscribers changing their registration information.

Article 6. Registration of Subscriber Information

1. For individual subscribers as stipulated in Clause 1, Clause 3, and Clause 4 of Article 5, and for subscribers representing organizations, they must directly register at the transaction point by providing the subscriber number, valid identification card or passport, and an introduction letter (applicable for subscribers representing organizations) to the transaction point manager.

2. For individual subscribers as stipulated in Clause 2 and Clause 5 of Article 5, the following registration methods are permitted:

a) Registering via SMS using the current subscriber number to the system according to the template announced by the mobile information enterprise, or;

b) Registering through the mobile information enterprise's electronic portal using the current subscriber account according to the template announced by the enterprise, or;

c) Directly registering at the transaction point as prescribed in Clause 1 of this Article.

3. Subscriber information must be checked, updated, stored, and managed by the enterprise and transaction point manager, including:

a) For individual Vietnamese subscribers:

1. Full subscriber number (network code or area code and subscriber number);

2. Full name of the subscriber;

3. Date of birth of the subscriber;

4. Identification card number of the subscriber.

b) For foreign subscribers:

5. Full subscriber number (network code or area code and subscriber number);

6. Full name of the subscriber;

7. Date of birth of the subscriber;

8. Nationality of the subscriber;

9. Passport number of the subscriber.

c) For subscribers representing organizations:

- Full subscriber number (network code or area code and subscriber number);

- Name and address of the organization (according to the introduction letter);

- Full name of the subscriber;

- Date of birth of the subscriber;

- Identification card number of the subscriber.

4. For individuals under 14 years old (without an ID card or passport), parents or guardians as provided by law must stand as guarantors for registration.

5. In case the subscriber does not provide complete or accurate subscriber information as prescribed in Clause 3 of this Article, the enterprise or transaction point manager will not accept the registration information and will notify the subscriber.

6. For subjects using SMS or electronic portal registration methods, for each registration received, the mobile information enterprise must send one (01) feedback message via SMS or make a direct call to the subscriber about the acceptance or non-acceptance of the registration information. After a maximum of three (3) times sending feedback messages via SMS or making direct calls without accepting the registration information, the enterprise will refuse to process registrations via SMS and the electronic portal, and the subscriber must directly register at the transaction point as prescribed in Clause 1 of this Article.

7. Subscriber information data as prescribed in Clause 3 of Article 6 must be updated into the centralized database of the enterprise no later than 48 hours from the time of receiving direct registration at the transaction point or via SMS or electronic portal.

8. For subjects as stipulated in Clause 1, Clause 3, and Clause 4 of Article 5, no later than three (3) hours (under normal system operation conditions) after receiving registration information at the transaction point as prescribed, the mobile information enterprise must activate all services for the subscriber.

9. After a period of twenty-four (24) months from the date the Ministry of Information and Communications officially announces the start date of implementing the plan to manage prepaid mobile subscribers according to this Decision, prepaid mobile subscribers as stipulated in Article 5 who do not register their subscriber information as required or intentionally provide inaccurate information will have their services terminated. These subscribers wishing to use the service again must follow the procedures for new subscribers.

Article 7. Retaining Subscriber Information

1. The retention of subscriber information shall be carried out on the principle of establishing centralized and unified subscriber information databases within each mobile telecommunications enterprise. The enterprise's subscriber information database system must be organized scientifically, reliably, and safely.

2. The subscriber information database of mobile telecommunications enterprises shall be connected to the databases of state management agencies for use in the cases specified in Clause 1 and Clause 2, Article 8.

Article 8. Utilizing Subscriber Information

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

1. To serve the work of ensuring information security and safety;

2. To serve the work of managing networks, services, and telecommunications resources;

3. To serve the activities of managing, operating networks, and providing services by mobile telecommunications enterprises;

Chapter III

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES, ENTERPRISES, AND SERVICE USERS

Article 9. Responsibilities of State Management Agencies

The Ministry of Information and Communications shall be responsible before the Government for state management of basic information, including the following responsibilities:

a) Direct units under the Ministry and mobile telecommunications enterprises to organize publicity and dissemination of the implementation of this Decision through mass media to guide public opinion and service users.

b) Develop and issue plans to implement the management of prepaid mobile subscriber accounts as prescribed herein.

c) Guide, inspect, investigate violations, and resolve complaints and denunciations in the activities of registering, retaining, and using prepaid mobile subscriber information according to their authority and current legal regulations.

d) Take the lead in coordinating with the Ministry of Public Security and People's Committees of provinces and centrally-administered cities to implement the management of prepaid mobile subscriber accounts as prescribed.

2. People's Committees of provinces and centrally-administered cities direct Postal and Telecommunications Departments:

a) Lead and coordinate with provincial and city police to promote and guide enterprises and mobile telecommunications agents within their jurisdiction in the registration, retention, and use of subscriber information in accordance with the provisions of this Decision.

b) Inspect, investigate administrative violations, and resolve complaints and denunciations in the activities of registering, retaining, and using prepaid mobile subscriber information within their jurisdiction according to their authority and current legal regulations.

Article 10. Responsibilities of Mobile Telecommunications Service Providers

1. Invest in building, organizing operation, and ensuring the safe operation of equipment systems serving the registration, retention, and use of subscriber information as prescribed in this Decision.

2. Based on the Ministry of Information and Communications' plan to implement prepaid mobile subscriber account management, develop and report their own prepaid mobile subscriber account management plan to the Ministry of Information and Communications.

3. Develop, issue, and implement procedures and processes for registering subscriber information for the registration methods prescribed in Article 6 and report to the Ministry of Information and Communications.

4. Implement authorization for transaction point managers to accept subscriber information registration in accordance with legal provisions. Announce and notify subscribers about authorized transaction points.

5. Organize the dissemination and guidance to transaction point managers and prepaid mobile subscribers regarding this regulation, plans, and registration procedures of the enterprise.

6. Organize, inspect, and supervise compliance with regulations, guiding documents implementing this Decision, and the enterprise's prepaid mobile subscriber registration procedures for authorized transaction points.

7. Coordinate with state management agencies responsible for identity cards to check, reconcile, update, retain, and use subscriber information in accordance with this Decision and other relevant legal provisions.

8. Resolve customer complaints regarding the registration, retention, and use of enterprise subscriber information.

9. Be subject to inspection and supervision by competent state management agencies according to legal provisions.

10. Report to the Ministry of Information and Communications every six months and at any time when requested on the contents of prepaid mobile subscriber management as prescribed in this Decision.

Article 11. Responsibilities of the owners of mobile service transaction points

1. Shall be responsible for registering and managing prepaid mobile subscriber information in accordance with the provisions of this Decision and the subscriber information registration procedures of the enterprise for all prepaid mobile subscribers authorized to manage.

2. Shall be responsible for checking, updating, and promptly transferring accurate subscriber information registered at their transaction point to the enterprise.

3. Shall resolve complaints from prepaid mobile subscribers regarding the registration and management of subscriber information registered with them.

4. Shall be subject to inspection and supervision by state management agencies with competent authority in accordance with the law.

5. Shall notify the enterprise or competent authorities when violations are discovered during the process of registering, retaining, and using prepaid mobile subscriber information.

Article 12. Responsibilities of prepaid mobile subscribers

1. Shall comply with the subscriber information registration requirements set forth in Article 6.

2. Shall provide necessary conditions for enterprises, transaction point owners, and state agencies with competent authority to conduct inspections and confirm the accuracy of provided subscriber information to protect their rights and interests during usage.

3. Shall be legally responsible for the authenticity of the subscriber information they register.

4. Shall notify the enterprise or transaction point owner of any changes in the subscriber identity.

5. Shall notify the enterprise or transaction point owner or competent authorities when violations are discovered during the process of registering, retaining, and using prepaid mobile subscriber information.

Chapter IV

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 13. Inspection and Supervision

The inspection and supervision of activities related to the registration, retention, and use of prepaid mobile subscriber information under this Decision shall be carried out by the Postal and Telecommunications Inspectorate in accordance with the Inspection Law and other relevant guiding documents.

Article 14. Handling Violations

Mobile telecommunications enterprises, transaction point owners, and prepaid mobile service users who violate the provisions of this Decision shall be subject to administrative penalties or criminal liability, depending on the nature and severity of the violation, as stipulated by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 15. Implementation Organization

1. State management agencies for postal and telecommunications, enterprises, transaction point owners, and prepaid mobile subscribers shall strictly implement this Regulation.

2. The Director of the Telecommunications Department shall guide, inspect the implementation of this Regulation, and be responsible for compiling the results of its organization every six (06) months annually to report to the Minister.

3. In the course of implementation, if any issues arise, relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Information and Communications for consideration of amendments and supplements to this Regulation.