Circular No. 08/2017/TT-BTTTT Amending and Supplementing Certain Articles of Circular No. 17/2016/TT-BTTTT dated June 28, 2016, issued by the Minister of Information and Communications, detailing and specifying procedures and formalities for registering to provide content information services on mobile telecommunications networks.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE CIRCULAR NO. 17/2016/TT-BTTTT DATED JUNE 28, 2016 OF THE MINISTER OF INFORMATION AND COMMUNICATION REGULATING IN DETAIL THE PROCEDURES AND REQUIREMENTS FOR REGISTERING AND PROVIDING CONTENT SERVICES ON MOBILE TELECOMMUNICATION NETWORKS

PURSUANTWHEREAS, pursuant to the Law on Telecommunications dated November 23, 2009;

WHEREAS, pursuant to the Decree No. 72/2013/NĐ-CP dated July 15, 2013 of the Government managing, providinging, using Internet services and information on networks;WHEREAS, pursuant to the Decree No. 17/2017/NĐ-CP dated February 17, 2017 of the Government

at the proposal of the Director of the Radio, Television and Electronic Information Administration;Government The Minister of Information and Communications issues this Circular detailing the implementation of certain provisions of the Law on Competition and Rewards in the Information and Communications Sector.

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;The Minister of Information and Communication hereby promulgates this Circular amending and supplementing certain provisions of the Circular No. 17/2016/TT-BTTTT dated June 28, 2016 of the Minister of Information and Communication regulating in detail the procedures and requirements for registering and providing content services on mobile telecommunication networks (hereinafter referred to as Circular No. 17/2016/TT-BTTTT).Article 1. Amending and supplementing certain provisions of the Circular No. 17/2016/TT-BTTTT

1. Amending and supplementing Clause 3 of Article 1 as follows: "3. Organizations and enterprises providing comprehensive electronic information websites, social networks, and online games through mobile content services must comply with the provisions of this Circular and the current laws governing comprehensive electronic information websites, social networks, and online games."Article 2. Providing content services on mobile telecommunication networks is the act of organizations and enterprises establishing systems of equipment in Vietnam and connecting to mobile telecommunications infrastructure to implement registration, cancellation, and provision of content services to users via the following methods: short message service (SMS), wapsite, website, application (app), USSD, Livescreen, and other methods through mobile devices aimed at charging users through mobile phone accounts.a) Amending and supplementing Clause 3 as follows:"3. For periodic services (daily, weekly, monthly, quarterly, annually), organizations and enterprises can only provide such services after receiving user consent via short message service (SMS) and notifying the user via SMS including the following information: "You have successfully registered for the service named [Service Name], provider code, billing cycle, fee, cancellation method, customer support hotline."b) Amending and supplementing Clause 6 as follows:

"6. When advertising content services, the following information must be included: Service name, code, provider number, registration method, billing cycle, fee, refusal method, customer support hotline.

For subscribers who have registered for periodic services, organizations and enterprises providing services must send SMS notifications to users about automatic renewal of services according to the following rules:

a) Notification information: Service name, code, provider number, billing cycle, fee, cancellation method, customer support hotline. Notifications should be sent once every seven days from the date of successful registration for daily and weekly services. Notifications should be sent once every thirty days from the date of successful registration for monthly and annual services.

2. Amending and supplementing Article 2 as follows:

b) Notification time: From 07:00 to 22:00 daily.

In case a subscriber sends an SMS to cancel a service according to the specified format, the organization or enterprise providing the service must send an SMS notification regarding the result of the cancellation request."

3. Amending and supplementing Article 7 as follows:

c) Amending and supplementing Clause 7 as follows:

"7. Retain content information provided for a minimum of 180 (one hundred eighty) days; retain data processing subscription requests, requests to stop service provision, detailed fees, user complaint information, and complaint resolution results for a minimum of one year from the date of receipt and processing to serve inspection and supervision work as prescribed."

d) Supplementing Clause 10 as follows:

"10. Enterprises providing content services must have a customer support hotline."

đ) Moving Clause 10 to Clause 11.

a) Supplementing Clause 3 as follows:

"3. Mobile telecommunications enterprises shall uniformly use codes and numbers in accordance with numbering planning to allow users to query information about the content services they are using. The information provided to users includes: Service name, code, provider number, start date of registration, billing cycle, fee, cancellation method."

a) Supplementing Clause 4 as follows:

"4. Shall be responsible for supervising the procedures and systems of content service providers to ensure that registration, authentication, refusal, renewal, cancellation of services, fee collection, and notifications to users comply with relevant laws."

b) Moving Clause 3 and Clause 4 to Clause 5 and Clause 6.

5. Amending and supplementing Clause 2 of Article 9 as follows:

"2. Organizations and enterprises providing content services shall be responsible for handling complaints. If unauthorized charges for content services are discovered, the organizations and enterprises providing content services and telecommunications enterprises shall be responsible for refunding the incorrect charges to users within three days of resolving the complaint."

6. Amending and supplementing the Application Form for Registering Content Services on Mobile Telecommunication Networks (Form No. 01 issued together with Circular No. 17/2016/TT-BTTTT dated June 28, 2017) as follows:

"Article 8. Liquidity ratio, in case microfinance organizations have a risk of losing the ability to pay, losing the ability to pay

a) Amending and supplementing Item 2 as follows:

"2. Information on the type of content service and method of provision: Name and information on the content service (content service group), method of provision: Short message service (code, provider number), wapsite, website, application, USSD, Livescreen."

b) Amending and supplementing Item 5 as follows:

"5. Procedure for providing content services."

c) Amending and supplementing Item 6 as follows:

"6. Method of registering content services: Short message service, wapsite, website, application, USSD, Livescreen,..."

“2. Organizations and enterprises providing content services shall be responsible for primarily resolving complaints. In cases where unauthorized charges for using content services are discovered, organizations and enterprises providing content services and telecommunications enterprises must be responsible for refunding the incorrect service fees to users within three (3) days from the date of complaint resolution results.”

6. Amend and supplement the Application Form for Registration of Content Services on Mobile Telecommunication Networks (Form No. 01 issued together with Circular No. 17/2016/TT-BTTTT dated June 28, 2017) as follows:

a) Amend and supplement Clause 2 as follows:

“2. Information about types of content services and methods of provision: Name and information of content services (content service groups), method of service provision: Short Message Service (SMS) (service code, number), wapsite, website, application, USSD, Livescreen.”

b) Amend and supplement Clause 5 as follows:

“5. Process for providing content services.”

c) Amend and supplement Clause 6 as follows:

“6. Methods of registration for providing services: Short Message Service (SMS), wapsite, website, application, USSD, Livescreen,...”

Article 2. Implementation

The Director of the Office, the Director of the Radio, Television and Electronic Information Department, the Heads of relevant agencies, units, organizations, enterprises, and individuals shall be responsible for implementing this Circular.

Article 3. Effectiveness

This Circular takes effect from September 21, 2017.

During implementation, if any difficulties arise, organizations and enterprises are requested to promptly report them to the Ministry of Information and Communications for consideration and resolution./.