Circular No. 04/2012/TT-BTTTT on the management of prepaid mobile phone subscriptions

 

CIRCULAR

Regulations on the Management of Prepaid Mobile Subscriptions

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

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications, amended and supplemented by Decree No. 50/2011/NĐ-CP dated June 24, 2011;

Considering the proposal of the Director of the Telecommunications Administration;

The Minister of Information and Communications issues this Circular on the Management of Prepaid Mobile Subscriptions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management of prepaid mobile subscriptions including activities related to registration, retention, and use of subscriber information and numbers for individuals and persons representing organizations using prepaid terrestrial mobile telecommunications services.

Article 2. Applicability

This Circular applies to:

1. State administrative agencies at all levels directly related to the management and use of prepaid mobile services.

2. Telecommunications service providers.

3. SIM card distributors.

4. Subscriber information registration point owners.

5. Prepaid mobile subscription holders.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Prepaid terrestrial mobile telecommunications service (hereinafter referred to as prepaid mobile service) is a service where the user must pay in advance to the telecommunications service provider through the form of topping up the prepaid mobile subscription account linked to a prepaid SIM card or a prepaid mobile terminal device (without SIM card) or similar forms.

2. Telecommunications service provider (hereinafter referred to as the service provider) is a telecommunications enterprise licensed by the Ministry of Information and Communications to establish networks and provide terrestrial mobile telecommunications services.

3. SIM card distributor is an organization or individual that enters into a contract with the service provider or with another SIM card distributor that has entered into a contract with the service provider to act as an agent to resell SIM cards to other organizations or individuals.

4. Subscriber information registration point owner is an organization or individual that has signed a power of attorney contract to accept subscriber information registration with the service provider.

5. Prepaid mobile subscription holder (hereinafter referred to as the subscription holder) is an individual or person representing an organization using prepaid mobile telecommunications services, including:

a) Subscription holder using prepaid mobile services;

b) Subscription holder using other prepaid mobile telecommunications services as prescribed by the Ministry of Information and Communications.

6. Subscriber information database is a collection of equipment (including hardware and software) interconnected to serve the updating, retention, management, and use of subscriber information by the service provider.

7. SIM is a subscriber identification module used in mobile terminal devices to store information about the mobile subscription number, services of the subscription, and the service provider. SIM has three types:

a) Unregistered SIM is a SIM that has been reported with a mobile subscription number, has been reported with services, may or may not have funds in the account (the account includes the original account and promotional account), and does not yet have subscriber information in the subscriber information database;

b) Registered SIM is a SIM that has been reported with a mobile subscription number, has been reported with services, may or may not have funds in the account (the account includes the original account and promotional account), and has subscriber information in the subscriber information database after the user registers subscriber information in accordance with this Circular. Registered SIM has two types:

- Not activated for use.

- Activated for use in either two-way or one-way locked state but still within the usage period as prescribed;

c) Multi-functional SIM is a SIM that, in addition to the functions of a regular subscription SIM specified in Clause a and Clause b of this Article, also has the function of online registration of subscriber information.

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

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

2. Ensure that subscriber information registered and stored is consistent, centralized, reliable, and used for its intended purpose.

3. Ensure the confidentiality of subscriber information in accordance with the provisions of the law, except in the following cases:

a) The subscriber agrees to provide their own information;

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

c) When there is a request from a competent state agency as provided by law.

Article 5. Prohibited Acts in the Activities of Registration, Storage, and Use of Prepaid Mobile Subscriber Information

1. Using another person's identification card or passport to register subscriber information.

2. Using one’s own identification card or passport to register subscriber information for another person, except in the case stipulated in Clause 2, Article 7 of this Circular.

3. Activating prepaid mobile services for a subscriber when the actual subscriber has not yet completed the required registration of subscriber information.

4. Trading or circulating on the market SIM cards that have been activated with prepaid mobile services without registering subscriber information as required (either not registered or registered in violation of Article 7 of this Circular).

5. Disclosing or using prepaid mobile subscriber information unlawfully.

6. Trading, circulating, or using multi-functional SIM cards to register subscriber information or devices capable of activating SIM cards without breaking the SIM card.

Chapter II
REGISTRATION, STORAGE AND USE OF

PREPAID MOBILE SUBSCRIBER INFORMATION

Article 6. Subjects for Registration

All subjects specified in Clause 5, Article 3 must register subscriber information, including:

1. Subscribers purchasing new SIM cards to use prepaid mobile services.

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

3. Subscribers changing registered subscriber information.

Article 7. Procedures for Registering Subscriber Information

1. Subscribers as specified in Article 6 must go directly to the registration point to provide the subscriber number, present identification cards (or passports) for Vietnamese citizens, passports still within their validity period for foreign citizens, and letters of introduction along with copies of business registration certificates or establishment permits for representatives of organizations for employees or representatives of the registration points (hereinafter referred to as transaction staff), and fill out the "Prepaid Mobile Subscriber Information Form" according to a unified model issued by the enterprise.

2. For individuals under 14 years old (without identification cards or passports) must have their parents or legal guardians stand as guarantors for registration as prescribed by law.

3. The content of the "Prepaid Mobile Subscriber Information Form" must minimally include the following information:

a) For individual subscribers who are Vietnamese citizens:

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

- Full name of the subscriber (as per identification card or passport);

- Date of birth of the subscriber;

- Identification card number or passport number, place of issuance, date of issuance of the subscriber (still within the validity period).

b) For individual subscribers who are foreign citizens:

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

- Full name of the subscriber (as per passport);

- Date of birth of the subscriber;

- Nationality of the subscriber;

- Passport number, place of issuance, date of issuance of the subscriber (still within the validity period);

- Valid visa (Visa) for circulation in Vietnam.

c) For subscribers representing organizations:

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

- Name and address of the organization (as per letter of introduction);

- Full name of the representative;

- Date of birth of the representative;

- Identification card number or passport number, place of issuance, date of issuance of the representative (still within the validity period).

4. Upon receiving the registration of subscriber information, transaction staff must require the subscriber to provide a copy of the identification card or passport for storage, the original for comparison; photocopy or scan the identification card or passport (for registration points located in wards of districts, towns, cities under provinces); check and compare with the information in the "Prepaid Mobile Subscriber Information Form". In case the submitted information form does not match the presented identification card or passport, or the identification card or passport is invalid, the transaction staff shall not accept the registration information and must inform the subscriber.

5. Copies or scans of identification cards or passports and subscriber information data registered validly at the registration point must be updated into the centralized database of the mobile service provider no later than 12 hours from the time of receiving the registration form together with the name and address of the registration point that received the registration through an internet connection between the registration point and the mobile service provider. Services such as SMS, telephone, Fax, and multi-functional SIM cards shall not be used for registration and transferring subscriber information.

6. Only after completing the update of validly registered subscriber information into the centralized database of the mobile service provider can the mobile service provider meet the activation requirements of the subscriber for the registered subscriber number.

7. If a subscriber transfers the right to use a SIM card that has been activated and put into use in either two-way or one-way locked status but still within the usage period to another person, the transferee must re-register the subscriber information no later than 10 working days from the date of receiving the transfer rights.

Article 8. Registration Points for Subscriber Information

1. The registration of subscriber information shall be carried out at:

a) Public telecommunications service provision points with staff provided by telecommunications enterprises;

b) Registration points for subscriber information that mobile service providers contractually authorize to accept registration of subscriber information.

2. Registration points for subscriber information must meet the following conditions:

a) Legal conditions:

- For individual owners of registration points for subscriber information, they must be Vietnamese citizens aged 18 or older, holding valid identification cards or passports within their validity period as stipulated;

- For business owners of registration points for subscriber information, they must have valid business registration certificates;

- Commitment to comply with regulations on prepaid mobile subscriber management with mobile service providers that contractually authorize acceptance of registration of subscriber information.

b) Minimum conditions regarding location and transaction staff:

- Having a fixed location for registering subscriber information, with a specific and clear address, dedicated space for accepting registration of prepaid mobile subscriber information, and lawful rights to use this location and space;

- Having a minimum floor area of 20 square meters for registration points for subscriber information located in wards within districts, towns, and provincial cities;² - Having a minimum floor area of 10 square meters for registration points for subscriber information located in communes in other areas;² - Displaying procedures and formalities for registering prepaid mobile subscriber information;

- Transaction staff and owners of registration points for subscriber information must be trained by mobile service providers on procedures and formalities for registering subscriber information.

c) Minimum conditions regarding equipment:

- Equipped with computers containing software for storing, registering, and managing subscribers and connected to telecommunications enterprises to transmit subscriber information to the enterprise's database;

- Equipped with photocopiers or scanners for registration points for subscriber information located in wards within districts, towns, and provincial cities;

- Having a sign indicating "Registration Point for Subscriber Information."

3. Mobile service providers may only enter into authorization contracts for accepting registration of prepaid mobile subscriber information with individuals and businesses meeting all conditions specified in Clause 2 of this Article.

Article 9. Efficient Use of Mobile Number Resources

1. Given that mobile number resources are limited, to ensure efficient, economical, and fair use of telecommunications resources, each individual may use their identification card or passport number to register a maximum of three (03) prepaid mobile subscriber numbers per mobile network. In cases where an individual acts as a representative for an organization, they may use their identification card or passport number to register a maximum of one hundred (100) prepaid mobile subscriber numbers per mobile network.

2. Enterprises must retain subscriber numbers on their systems for thirty (30) days after two-way service suspension. After this period, the numbers will be reused.

3. Subscribers who start using prepaid mobile services as defined in Clause 1 of Article 6 must activate their services within seventy-two (72) hours from completing the registration of subscriber information at the registration point for subscriber information. If not activated, the registered subscriber information will be canceled. To use the service again, subscribers must follow the procedures applicable to new subscribers.

3. The mobile prepaid service subscriber who begins to use the service as specified in Clause 1, Article 6 shall have a maximum period of 72 hours from the completion of the registration of the subscriber information at the registration point; if the service is not activated within this period, the registered subscriber information will be canceled. If the subscriber wishes to use the service again, they must go through procedures as for a new subscriber.

Article 10. Retention of Subscriber Information

1. The database system containing subscriber information of enterprises must be established centrally and uniformly within each mobile service provider to collect, update, retain, and manage subscriber information in a scientific, reliable, and secure manner.

2. The database of subscriber information of mobile service providers must ensure readiness for connection with the databases of state management agencies for use in cases specified in Clause 1 and Clause 2 of Article 11.

3. The declaration form of prepaid mobile subscriber information must be retained on paper for a minimum period of twelve (12) months from the date of registration to serve the inspection and reconciliation activities of state management agencies.

4. Copies of identity cards and passports must be retained for a minimum period of twelve (12) months for paper copies and five (05) years for electronic copies from the date of registration to serve the inspection and reconciliation activities of state management agencies.

Article 11. Use of 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 state management over networks, services, and telecommunications resources.

3. To serve the management and operation of networks and provision of services by mobile service providers.

Article 12. Inspection of Subscriber Information

1. Mobile service providers shall organize and guide access methods (on the website) and notifications (by message) so that prepaid mobile subscribers can know, access, and inspect their own subscriber information. The inspection method must ensure confidentiality of information for users according to the principle that a subscriber can only inspect the information of the number they are using but cannot inspect the information of other numbers.

2. For inspections conducted through messaging, to check the information of the number being used, the subscriber sends a message according to the format TTTB to 1414. After receiving the message from the subscriber, the mobile service provider must send back a notification message informing the subscriber of the registered information of that number including the main contents such as full name; date of birth; ID card number; place of issuance.

Chapter III
RESPONSIBILITIES FOR IMPLEMENTATION OF REGISTRATION AND MANAGEMENT OF PREPAID MOBILE SUBSCRIBERS

MANAGEMENT OF MOBILE PREPAID SUBSCRIBERS

Article 13. Responsibilities of State Management Agencies

1. The Ministry of Information and Communications:

a) Direct units under the Ministry and mobile service providers to organize publicity and dissemination of this Circular on mass media to guide public opinion and service users;

b) Develop and issue plans to implement the management of prepaid mobile subscribers as prescribed;

c) Guide, inspect, investigate, handle violations, and resolve complaints and denunciations in activities related to registration, retention, and use of prepaid mobile subscriber information according to their authority and current laws;

d) Take the lead in coordinating with the Ministry of Public Security, the Ministry of National Defense, People's Committees of provinces and centrally-administered cities to implement the management of prepaid mobile subscribers as prescribed;

đ) Build technical systems connecting to mobile service providers to facilitate the collection, retention, and management of mobile subscriber data.

2. People's Committees of provinces and centrally-administered cities shall direct Provincial Departments of Information and Communications:

a) Lead and coordinate with provincial police forces to promote and guide mobile service providers and agents within their jurisdiction in registering, retaining, and using subscriber information in accordance with this Circular;

b) Inspect, check, handle administrative violations, and resolve complaints and denunciations in activities related to the registration, retention, and use of prepaid mobile subscriber information within their jurisdiction according to their authority and current laws;

c) When inspecting and checking, if they discover violations of prohibited acts stipulated in Article 5 of this Circular by registration points within their jurisdiction, they shall issue a document requiring mobile service providers to terminate agency contracts with these registration points, and simultaneously notify other mobile service providers not to enter into agency contracts with these registration points;

d) When inspecting and checking, if they discover violations of provisions in Clause 2 of Article 8, they shall issue a document requiring mobile service providers to terminate agency contracts with these registration points.

Article 14. Responsibilities of mobile service providers

1. Invest in building technical systems and databases to collect, store, and manage subscriber information. Operate and exploit safely the equipment system serving registration, storage, and use of subscriber information in accordance with the provisions of this Circular. Organize and coordinate the connection of subscriber information databases with databases of specialized state management agencies for telecommunications and national security.

2. Implement subscriber registration points:

a) In each commune and ward nationwide, mobile service providers holding a dominant market share must implement at least one subscriber registration point through one of the following methods:

- Self-implementing a subscriber registration point of the enterprise;

- Cooperating with other mobile service providers to jointly implement a subscriber registration point;

- Signing an authorization contract with Vietnam Post Corporation, Viettel Post Joint Stock Company, Ho Chi Minh City Postal Center to implement subscriber registration points at post offices and communal cultural postal stations;

- Signing an authorization contract with other mobile service providers to implement subscriber registration points at their self-implemented registration points.

b) In each district, town, and provincial city, mobile service providers holding a dominant market share must self-implement at least one enterprise's subscriber registration point. Other mobile service providers must implement at least one subscriber registration point through one of the following methods:

- Self-implementing a subscriber registration point of the enterprise;

- Cooperating with other mobile service providers to jointly implement a subscriber registration point;

- Signing an authorization contract with Vietnam Post Corporation, Viettel Post Joint Stock Company, Ho Chi Minh City Postal Center to implement subscriber registration points at post offices and communal cultural postal stations;

- Signing an authorization contract with other mobile service providers to implement subscriber registration points at their self-implemented registration points.

3. Based on the plan for managing prepaid mobile subscribers issued by the Ministry of Information and Communications, develop, implement, and report their own prepaid mobile subscriber management plans to the Ministry of Information and Communications.

4. Develop, issue, and organize the implementation of procedures and formalities for registering subscriber information as stipulated in Article 7.

5. Regularly update statistics and report to the Department of Information and Communications about subscriber data and lists of subscriber registration points within their jurisdiction. The list of subscriber registration points shall include the following information: name; address of the registration point owner accompanied by a copy of identity card or passport; business registration certificate.

6. Carry out the signing of authorization contracts for prepaid mobile subscriber registration with enterprises and individuals meeting the conditions stipulated in Article 8. The authorization contract must contain a clause providing that the mobile service provider can unilaterally terminate or end the contract when the registration point owner violates the provisions of Article 5 and Clause 2 of Article 8 of this Circular and breaches the commitments in the signed authorization contract with the mobile service provider.

7. Organize the dissemination and guidance to the owners of subscriber registration points and subscribers regarding this Circular and the enterprise's prepaid mobile subscriber registration plans and procedures.

8. Organize, inspect, and supervise compliance with the regulations, guiding documents implementing this Circular, and the enterprise's prepaid mobile subscriber registration procedures for the owners of subscriber registration points.

9. Terminate the authorization contract for prepaid mobile subscriber registration with the owner of a registration point who violates prohibited acts stipulated in Article 5 and Clause 2 of Article 8 of this Circular upon request from the Department of Information and Communications in their jurisdiction. For owners of registration points who violate the provisions of Article 5, in addition to terminating the authorization contract, the mobile service provider must send a notification letter to the Department of Information and Communications in their jurisdiction requesting other mobile service providers to cooperate in terminating the authorization contract for prepaid mobile subscriber registration with violators and only be allowed to sign another authorization contract with the violated registration point owner two years after termination.

10. Provide full identification card or passport numbers of subscribers when requested by authorized state management agencies to check and reconcile prepaid mobile subscriber information registration data to detect and handle violations of prepaid mobile subscriber management regulations.

11. Resolve customer complaints regarding the registration, storage, and use of prepaid mobile subscriber information.

12. Be subject to inspection and supervision by authorized state management agencies in accordance with the law.

13. Guide subscribers to re-register at authorized subscriber registration points if they receive a notice from the enterprise or discover inaccurate registered information through self-inspection.

14. Report to the Ministry of Information and Communications regularly and urgently when required on the contents of prepaid mobile subscriber management stipulated in this Circular. Monthly, mobile service providers must submit regular reports to the Ministry of Information and Communications before the 10th day of the following month regarding the implementation of subscriber information registration in the previous month according to Appendix 1.

15. Proactively coordinate with Vietnam Post Corporation, Viettel Post Joint Stock Company, Ho Chi Minh City Postal Center to jointly use locations with communal cultural postal stations and various levels of post offices for subscriber registration purposes.

16. Proactively organize and coordinate with central and local press agencies to disseminate and publicize regulations on prepaid mobile subscriber management.

17. Announce and publish on the mobile service provider’s website the list of authorized owners of subscriber registration points for prepaid mobile subscriber registration.

18. Provide telephone numbers and contact departments for the Departments of Information and Communications to facilitate prepaid mobile subscriber management.

Article 15. Responsibilities of the Subject Registering Prepaid Mobile Subscriber Information

1. Ensure full compliance with the conditions stipulated in Clause 2, Article 8.

2. Verify, cross-check, register, and manage prepaid mobile subscriber information in accordance with the provisions of this Circular and the prepaid mobile subscriber registration process established by the mobile service provider.

3. Bear responsibility for promptly and accurately updating and transferring prepaid mobile subscriber information registered at their own subscriber information registration points to the mobile service provider.

4. Resolve complaints from prepaid mobile subscribers regarding the registration and management of their subscriber information.

5. Be subject to inspection, examination, and comply with decisions on inspection and examination made by competent state management agencies in accordance with the law.

6. Notify the mobile service provider, Department of Information and Communications, or other competent authorities when violations are discovered during the registration, retention, and use of prepaid mobile subscriber information.

Article 16. Responsibilities of Prepaid Mobile Subscribers

1. Carry out the registration of subscriber information in accordance with the provisions of this Circular.

2. Create necessary conditions for competent state agencies and mobile service providers, and authorized subscriber information registration points to conduct inspections and confirm the accuracy of provided subscriber information to protect their rights and interests during usage.

3. Bear legal responsibility for the authenticity of the subscriber information they register.

4. Re-register subscriber information when there is a change in the subscriber identity.

5. Notify the mobile service provider or authorized subscriber information registration point or other competent authorities when violations are discovered during the registration, retention, and use of prepaid mobile subscriber information.

Article 17. Responsibilities of SIM Distribution Agents

1. Ensure compliance with contracts for SIM distribution and the provisions of this Circular.

2. Be subject to inspection, examination, and comply with decisions on inspection and examination made by competent state management agencies in accordance with the law.

3. Notify the mobile service provider, Department of Information and Communications, or local state authorities when violations are discovered during SIM distribution, registration, retention, and use of prepaid mobile subscriber information.

Chapter IV
INSPECTION, AUDIT AND VIOLATION HANDLING

Article 18. Inspection and Examination

The inspection and examination of activities related to the registration, retention, and use of prepaid mobile subscriber information under this Circular shall be carried out by the specialized Inspectorate of Information and Communications in accordance with the Law on Inspection and other relevant guiding documents.

||| Article 19. Violation Disposition

1. Administrative penalties for violations concerning prepaid mobile subscriber management shall be implemented according to Decree No. 83/2011/NĐ-CP dated September 20, 2011, of the Government on administrative penalties in the telecommunications sector.

2. Mobile service providers, subscriber information registration points, SIM distribution agents, and prepaid mobile service users who violate the provisions of this Circular will be subject to administrative penalties or criminal liability depending on the nature and severity of the violation as prescribed by law.

3. To serve the supplementary punishment as stipulated in Clause 7, Article 19, of Decree No. 83/2011/NĐ-CP dated September 20, 2011, of the Government on administrative penalties in the telecommunications sector for violations as stipulated in Clause 4, Article 5, of this Circular, mobile service providers must retain the subscriber number, account, and usage period from the date the SIM card was confiscated. The confiscation and deposit of funds in the SIM card account into the state budget shall be carried out according to the administrative penalty decision of the competent state authority and the guidance of the Ministry of Information and Communications.

Chapter V
IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Circular takes effect from June 1, 2012, and replaces Circular No. 22/2009/TT-BTTTT dated June 24, 2009, issued by the Minister of Information and Communications on the issuance of regulations on the management of prepaid mobile subscriber accounts.

Article 21. Transitional Provisions

1. Subscriber information registration points that fail to meet the conditions stipulated in Clause 2, Article 8, must cease to accept and register prepaid mobile subscribers six months from the effective date of this Circular.

2. Three months from the effective date of this Circular, prepaid mobile subscribers specified in Article 6 who have not registered their subscriber information as required or provided inaccurate information will have their services terminated. These subscribers wishing to resume service must follow procedures applicable to new subscribers.

3. Six months from the effective date of this Circular, mobile service providers must organize and guide access methods on their websites so that prepaid mobile subscribers can know, access, and check their subscriber information according to Clause 1, Article 12.

4. Three months from the effective date of this Circular, mobile service providers must implement and deploy their own subscriber information registration points as stipulated in Point b, Clause 2, Article 14.

5. Six months from the effective date of this Circular, mobile service providers must implement and deploy their own subscriber information registration points as stipulated in Point a, Clause 2, Article 14.

Article 22. Implementation organization

The Head of the Office, the Chief Inspector, the Director of the Telecommunications Department, Heads of agencies and units under the Ministry, Directors of Provincial Departments of Information and Communications, General Directors, and Directors of mobile service providers and related organizations and individuals are responsible for implementing this Circular./.