Circular No. 12/2013/TT-BTTTT guiding the issuance of licenses for telecommunications services business

CIRCULAR

Guidelines for Issuing Licenses for Telecommunication Services Business

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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 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications; Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications issues this Circular guiding the issuance of licenses for telecommunication services business.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides certain contents regarding the issuance of licenses for telecommunication services business, including issuing, amending, supplementing, extending, reissuing, and issuing new licenses for establishing public telecommunications networks, and providing telecommunication services.

2. The issuance of licenses for providing telecommunication application services shall be carried out in accordance with the provisions of specialized laws.

Article 2. Applicability

This Circular applies to enterprises submitting applications for licenses for telecommunication services business and agencies, organizations, and individuals related to the licensing and management of telecommunication services business in Vietnam.

Article 3. Telecommunication Services Business License

1. To engage in telecommunication services business, a telecommunication service provider with network infrastructure must have a license for establishing a public telecommunications network as prescribed in Articles 19, 20, and 21 of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Telecommunications Law (hereinafter referred to as Decree No. 25/2011/NĐ-CP) and a license for providing telecommunication services according to the type of telecommunication service as prescribed in Circular No. 05/2012/TT-BTTTT dated May 18, 2012 of the Minister of Information and Communications on classifying telecommunication services.

2. To engage in telecommunication services business, a telecommunication service provider without network infrastructure must have a license for providing telecommunication services according to the type of telecommunication service as prescribed in Circular No. 05/2012/TT-BTTTT dated May 18, 2012 of the Minister of Information and Communications on classifying telecommunication services.

Article 4. Replacement of Telecommunication Services Business License

1. The replacement of a telecommunication services business license issued to an enterprise is regulated as follows:

a) For a license for establishing a fixed terrestrial public telecommunications network that does not use telecommunications numbering and does not use radio frequency: a nationwide license for establishing a network will replace a regional license for establishing a network, a provincial license for establishing a network, or a centrally-administered city license for establishing a network; a regional license for establishing a network will replace a provincial license for establishing a network or a centrally-administered city license for establishing a network;

b) For a license for establishing a fixed terrestrial public telecommunications network that uses telecommunications numbering, a license for establishing a fixed terrestrial public telecommunications network that uses radio frequency, and a license for establishing a fixed terrestrial public telecommunications network that uses both telecommunications numbering and radio frequency: a nationwide license for establishing a network of the same type will replace a regional license for establishing a network;

c) For the licenses prescribed in points a and b of this clause: when an enterprise is granted a license for establishing a network of the same type with a narrower geographical scope due to narrowing down the established network's geographical scope already licensed, the license with a narrower geographical scope will replace the previously granted license;

d) For a license for establishing a mobile terrestrial public telecommunications network: a license for establishing a network using a radio frequency band will replace a license for establishing a network without using a radio frequency band;

đ) An amended and supplemented license will replace the license requested to be amended and supplemented; an extended license will replace the license requested to be extended.

2. The previously granted license (if any) will lose its validity when the enterprise receives the replacement license as prescribed in Clause 1 of this Article.

Article 5. Authority to Issue Licenses for Telecommunication Services Business

Clause 1. The Minister of Information and Communications shall issue licenses for establishing public telecommunication networks using radio frequency bands, and for providing telecommunication services on public telecommunication networks using radio frequency bands based on the review files submitted by the Telecommunications Department.

Clause 2. The Telecommunications Department shall issue licenses for establishing public telecommunication networks and for providing other telecommunication services except those cases specified in Clause 1 of this Article which are issued by the Minister of Information and Communications.

Article 6. Receiving Applications for Telecommunication Services Business Licenses

Clause 1. Enterprises submit applications for telecommunication services business licenses and supplementary files (if any) to the Telecommunications Department through one of the following methods:

a) Direct submission;

b) Submitting via postal service;

c) Online submission.

Clause 2. The Telecommunications Department shall confirm in writing the receipt of the application for a telecommunication services business license from the enterprise.

Clause 3. For direct submissions, the date of receipt of the file is the day when the Telecommunications Department's staff receives the file directly submitted by the enterprise.

Clause 4. For submissions made via postal service, the date of receipt of the file is the day when the Telecommunications Department's staff receives the file delivered by the postal service provider.

Clause 5. The Telecommunications Department shall provide specific guidance on online submission procedures when technical conditions permit.

Article 7. Verification of the Validity of Application Files for Telecommunication Services Business Licenses

Clause 1. Application files for telecommunication services business licenses must be prepared in Vietnamese, consisting of one original file and four duplicate files for cases requesting a new license or a replacement license, and one original file and two duplicate files for cases requesting amendments or extensions of a license. The original file must bear the enterprise’s confirmation stamp and the certified copy stamp as prescribed in Point d, đ of Clause 3 of this Article; if the enterprise-provided documents consist of two or more pages, they must be stamped with a cross-stamp. Duplicate files do not require confirmation stamps or certified copy stamps but must have the enterprise’s cross-stamp. One cross-stamp may cover up to five pages.

Clause 2. The Telecommunications Department shall verify and notify the enterprise submitting the file about the validity of the file within five working days from the date of receiving the file.

Clause 3. The verification of the validity of the file is carried out based on the following criteria:

Point a) The file is prepared in accordance with the provisions of Clause 1 of this Article;

Point b) It includes all required documents corresponding to each type of application file as stipulated in Articles 11, 20, 22, 24, and 25 of this Circular;

Point c) Provided documents contain all required information items;

Point d) The enterprise submitting the file has affixed its stamp on the application for a telecommunication services business license and the commitment to implement the public telecommunication network establishment license;

Point đ) The certified copy stamp is affixed to the Enterprise Registration Certificate, or Business Registration Certificate, or Investment Certificate; the confirmation letter of the statutory capital in case the original is not submitted; the Company Charter in case the valid version according to the Charter is not submitted.

Clause 4. For invalid files, the Telecommunications Department shall inform the enterprise submitting the file about the invalid factors. The enterprise submitting the file has the right to resubmit the file.. The examination of the validity of resubmitted files shall be conducted in accordance with the provisions of Clauses 1, 2, and 3 of this Article.

Article 8. Submission of supplementary documents and explanation of documents

1. Within the period for reviewing the documents, the Telecommunications Department has the right to send a notification requesting the enterprise to supplement the documents and explain directly if the documents do not provide sufficient information for review.

2. The enterprise shall be responsible for submitting supplementary documents and explaining directly to the Telecommunications Department according to the content and within thirty working days from the date the enterprise receives the notification prescribed in Clause 1 of this Article. The review period will continue to be calculated from:

a) The date the Telecommunications Department receives the supplementary documents of the enterprise; or

b) The date of signing the minutes of the meeting to explain the documents.

3. If at the end of the period for submitting supplementary documents and explaining directly as prescribed in Clause 2 of this Article, the enterprise does not submit supplementary documents, does not explain, and does not have a document requesting an extension of the submission period or direct explanation, with the date of submission and the date of explanation recorded therein, it shall be deemed that the enterprise has abandoned the submission of the documents. Acceptance of documents submitted after the deadline for submitting supplementary documents and direct explanation or after the date the enterprise requested an extension of the period will be treated as acceptance of newly submitted documents.

4. The total time for reviewing the initial documents and supplementary documents, explanations:

a) Shall not exceed forty-five working days from the date of receiving valid documents for applications for license issuance and new license issuance;

b) Shall not exceed forty working days from the date of receiving valid documents for applications for license modification, supplementation, and license renewal.

Article 9. Responsibilities for implementing telecommunications service business licenses

An enterprise granted a telecommunications service business license shall be responsible for:

1. Adhering to the laws on telecommunications, the conditions for granting permission, the terms and conditions of the license throughout the entire operation process.

2. Reporting the official date of operating the public telecommunications network and officially providing telecommunications services within fifteen working days from the official date of operating the network and officially providing services.

3. Annually, twelve months from the date of obtaining the permit: reporting the implementation status of the issued license according to Form 10/GPKDVT until the official date of operating the public telecommunications network and officially providing telecommunications services is reported according to Form 11/GPKDVT.

Article 10. Registration and publication of model telecommunications service usage contracts and model telecommunications service usage condition information sheets

1. Enterprises providing fixed landline telephone services, mobile landline information services, and Internet access services under post-payment billing must register model telecommunications service usage contracts.

2. Enterprises providing fixed landline telephone services, mobile landline information services, and Internet access services under pre-payment billing must register model telecommunications service usage condition information sheets.

3. Drafts of model telecommunications service usage contracts and drafts of model telecommunications service usage condition information sheets submitted with the application for a telecommunications service business license shall be considered registered model contracts and condition information sheets when the enterprise is granted permission to provide corresponding telecommunications services.

4. When changing provisions in registered model telecommunications service usage contracts and model telecommunications service usage condition information sheets, the enterprise shall be responsible for registering draft model telecommunications service usage contracts and draft model telecommunications service usage condition information sheets intended for new application. The Telecommunications Department shall review the draft models intended for new application within ten working days from the date of receipt of the draft. The draft model telecommunications service usage contract and draft model telecommunications service usage condition information sheet intended for new application shall be considered registered model contracts and condition information sheets upon receipt of approval from the Telecommunications Department.

5. The enterprise shall be responsible for publicly announcing registered model telecommunications service usage contracts and model telecommunications service usage condition information sheets at service registration points, public telecommunications service provision points, and on the enterprise's website.

6. In addition to the provisions of Clause 5 of this Article, the enterprise shall be responsible for providing a summary of the model telecommunications service usage condition information sheet accompanying the initial subscriber registration package when providing services under pre-payment billing. The summary must include the following basic information: instructions for activating the subscription, instructions for using the service, contact address of the customer care department, and the website address for accessing the model telecommunications service usage condition information sheet.

Chapter II
ISSUANCE OF TELECOMMUNICATIONS SERVICE BUSINESS LICENSES

Section 1
ISSUANCE OF TELECOMMUNICATIONS SERVICE BUSINESS LICENSES

Article 11. Documents for Application for Telecommunications Service Business License

1. The documents for application for telecommunications service business license include the documents for application for public telecommunications network establishment license and the documents for application for telecommunications service provision license.

2. The documents for application for public telecommunications network establishment license include the following documents:

a) Application form for telecommunications service business license according to Model 01/GPKDVT;

b) Enterprise registration certificate, or Business Registration Certificate, or Investment Certificate;

c) Articles of the enterprise;

d) Business plan for the first five (5) years from the date of issuance of the license according to Model 06/GPKDVT;

đ) Technical plan for the first five (5) years from the date of issuance of the license according to Model 07/GPKDVT;

e) Legal capital confirmation document as prescribed in Clause 2 or Clause 4, Article 13 of this Circular;

g) Commitment to implement the public telecommunications network establishment license according to Model 09/GPKDVT.

3. The documents for application for telecommunications service provision license include the following documents:

a) Application form for telecommunications service business license according to Model 01/GPKDVT;

b) Enterprise registration certificate, or Business Registration Certificate, or Investment Certificate of the enterprise;

c) Articles of the enterprise;

d) Business plan for the first five (5) years from the date of issuance of the license according to Model 06/GPKDVT;

đ) Technical plan for the first five (5) years from the date of issuance of the license according to Model 07/GPKDVT;

e) Draft model telecommunications service usage contract, draft model telecommunications service usage information conditions as stipulated in Article 10 of this Circular for applications for fixed landline telephone service provision licenses, terrestrial mobile communication service provision licenses, and Internet access service provision licenses.

4. An enterprise simultaneously applying for a public telecommunications network establishment license and a telecommunications service provision license on that network may prepare a single set of documents. The single set of documents includes the documents specified in Clause 2 and Point e, Clause 3 of this Article (if applicable), wherein the business plan and technical plan mentioned in Points d and đ, Clause 2 of this Article must include plans for both the public telecommunications network establishment and the telecommunications service provision.

5. An enterprise submitting an application for a business license in accordance with Article 19 of this Circular does not need to submit the following documents if there is no change related to the list of organizations and individuals contributing capital and the proportion of their contributions in the enterprise:

a) Enterprise registration certificate, or Business Registration Certificate, or Investment Certificate;

b) Articles of the enterprise.

Article 12. Examination for Issuance of Telecommunications Service Business License

An enterprise will be examined for issuance of a telecommunications service business license when it meets the following conditions:

1. Industry condition: The current valid enterprise registration certificate, or Business Registration Certificate, or Investment Certificate of the enterprise must indicate the industry and business as telecommunications service business, or name and code of the telecommunications service business according to the Vietnamese Economic Classification System.

2. Financial condition:

a) The enterprise has financial capability to ensure implementation of the license in accordance with the proposed business plan and technical plan;

b) The enterprise is not currently in a state of failing to fulfill its financial obligations as prescribed by the law on telecommunications;

c) Foreign investment capital in the enterprise (if any) must comply with the provisions of international treaties to which Vietnam is a party;

d) For enterprises applying for a license to establish a public telecommunications network: in addition to the provisions in Points a, b, and c of this Clause, the enterprise must meet the legal capital requirement and investment commitment as prescribed in Articles 19, 20, and 21 of Decree No. 25/2011/NĐ-CP;

đ) For enterprises applying for a license to provide terrestrial mobile communication services: in addition to the provisions in Points a, b, and c of this Clause, the enterprise must comply with the provisions of Article 3 of Decree No. 25/2011/NĐ-CP.

3. Organizational structure and human resources condition:

a) The enterprise is not currently undergoing division, separation, merger, consolidation, conversion, dissolution, bankruptcy according to decisions that have been promulgated;

b) The enterprise has organizational structure and human resources suitable for the business plan, technical plan, and measures to ensure the safety of telecommunications infrastructure and information security.

4. Technical and business condition: the enterprise must have a technical plan and business plan:

a) Consistent with the national telecommunications development strategy and telecommunications resource planning;

b) Feasible and consistent with regulations on interconnection, tariffs, standards, specifications, network and service quality;

c) For enterprises applying for a telecommunications service business license using telecommunications number blocks and radio frequency spectrum: in addition to the provisions in Points a and b of this Clause, the allocation of telecommunications number blocks and radio frequency spectrum to the enterprise as requested in the application must be feasible.

5. Condition regarding the safety of telecommunications infrastructure and information security: the enterprise must have measures to ensure the safety of telecommunications infrastructure and information security consistent with the technical plan and business plan.

Article 13. Determination of Compliance with Statutory Capital Requirements

1. A business requesting a license to operate telecommunications services shall be deemed to meet the statutory capital requirements if it has sufficient documentation proving the contributed capital or investment capital as stipulated in Clause 2 of this Article or the value of assets recorded in the balance sheet of assets as stipulated in Clause 4 of this Article is not less than the statutory capital applicable to the corresponding type of license as prescribed in Articles 19, 20, and 21 of Decree No. 25/2011/NĐ-CP.

2. For newly established businesses whose business sector is telecommunications services, the documents to prove the contributed capital or investment capital of the business are:

a) Documents on the contribution of capital or commitment to contribute capital within a specific period by the general partners for a limited partnership;

b) Documents on the contribution of capital by the founding shareholders and ordinary shareholders who have registered to purchase shares and are recorded in the company's articles of association for a joint-stock company;

c) Documents on the contribution of capital or commitment to contribute capital within a specific period by the investors for a joint venture company;

d) Documents on the total value of capital contributed or committed to contribute within a specific period by the founders for a limited liability company with one member;

đ) Documents on the contribution of capital or commitment to contribute capital within a specific period by the founders for a limited liability company with two or more members;

e) Documents on the investment capital of the owner of the business for a private enterprise.

3. In cases stipulated in Clause 2 of this Article:

a) If the contributed or invested capital is in cash, there must be a confirmation document from a legally operating bank in Vietnam regarding the amount of deposit made by the parties involved in establishing the business. The deposit can only be released when the business is granted a license to operate telecommunications services;

b) If the contributed or invested capital is in assets, there must be a certification from an organization with valuation functions currently operating in Vietnam regarding the result of asset valuation being used for capital contribution.

4. For businesses that have been established and added telecommunications service operation as a business sector, for businesses that already have a license to operate telecommunications services and request a license under the circumstances specified in Article 19 of this Circular, for businesses requesting a new license to operate telecommunications services: the document confirming the statutory capital is the balance sheet of the business at the time prior to submitting the application for a license to operate telecommunications services, not exceeding three months.

5. For businesses requesting a license to establish a public fixed terrestrial telecommunications network without using radio frequency bands and without using telecommunications subscriber numbers: the statutory capital applied shall be as prescribed in Clause 1 of Article 19 of Decree No. 25/2011/NĐ-CP.

6. For businesses requesting a license to establish a public fixed terrestrial telecommunications network not falling under the circumstances specified in Clause 5 of this Article: the statutory capital applied shall be as prescribed in Clause 2 of Article 19 of Decree No. 25/2011/NĐ-CP.

7. For businesses requesting a license to establish a public telecommunications network to provide public telecommunications services or perform public telecommunications tasks assigned by the State: the statutory capital shall be determined based on the approved project or equivalent documents regarding the establishment of a public telecommunications network to provide public telecommunications services or perform public telecommunications tasks assigned by the State.

Article 14. Determination of Meeting Conditions for Investment Commitment

1. A business applying for a public telecommunications network establishment license shall be deemed to meet the investment commitment conditions if the level of investment commitment recorded in the implementation commitment document for the public telecommunications network establishment license is not lower than the level of investment commitment stipulated in Articles 19, 20, and 21 of Decree No. 25/2011/ND-CP, except in cases provided for in Clauses 2 and 3 of this Article.

2. For businesses applying for a public telecommunications network establishment license in the cases prescribed in Article 19 of this Circular, and for businesses applying for a new telecommunications service business license: the business shall be deemed to meet the investment commitment conditions if:

a) The actual investment portion of the business in the previously established public telecommunications network is not lower than the corresponding investment commitment level stipulated in Articles 19, 20, and 21 of Decree No. 25/2011/ND-CP; or

b) The level of the business's commitment recorded in the implementation commitment document for the license is not lower than the difference between the investment commitment level stipulated in Articles 19, 20, and 21 of Decree No. 25/2011/ND-CP and the actual investment portion of the business in the previously established telecommunications network.

3. For businesses granted a public telecommunications network establishment license with a term of less than 15 (fifteen) years: the business shall be deemed to meet the investment commitment conditions throughout the entire validity period of the license if the level of the business's commitment recorded in the implementation commitment document for the public telecommunications network establishment license is not lower than the corresponding level for the granted term. The business has the right to adjust the commitment level throughout the entire validity period of the license and submit the adjusted implementation commitment document for the public telecommunications network establishment license to the Telecommunications Department upon receipt of the license.

4. The actual investment of the business in the public telecommunications network specified in Clause 2 of this Article and Article 16 of this Circular shall be determined based on documentation proving the capital invested by the business to implement the license up to the time of submitting the application.

5. For businesses applying for a fixed terrestrial public telecommunications network establishment license that does not use radio frequency bands and does not use telecommunications subscriber numbers: the investment commitment level shall be applied according to the provisions of Clause 1 of Article 19 of Decree No. 25/2011/ND-CP.

6. For businesses applying for a fixed terrestrial public telecommunications network establishment license that does not fall under the case prescribed in Clause 5 of this Article: the investment commitment level shall be applied according to the provisions of Clause 2 of Article 19 of Decree No. 25/2011/ND-CP.

Article 15. Determination of Meeting Conditions for Feasibility when Allocating Telecommunication Number Blocks and Radio Frequencies

1. For businesses applying for a telecommunications service business license using telecommunication number blocks, using radio frequencies not included in the list of telecommunication number blocks, the list of radio frequencies that must be allocated through auction or competition: the allocation of telecommunication number blocks and radio frequencies shall be deemed feasible if there are still telecommunication number blocks and radio frequencies planned for allocation according to the business's proposal.

2. For businesses applying for a telecommunications service business license using telecommunication number blocks, using radio frequencies included in the list of telecommunication number blocks, the list of radio frequencies that must be allocated through auction or competition: the allocation of telecommunication number blocks and radio frequencies shall be deemed feasible if the business wins the auction or competition for the telecommunication number blocks and radio frequencies planned for allocation according to the business's proposal.

Article 16. Guarantee for Implementation of Telecommunications Service Business License

1. A business entity requesting to be granted a license to establish a public fixed terrestrial telecommunications network using radio frequency bands and telecommunication subscriber numbers, or requesting to be granted a license to establish a public mobile terrestrial telecommunications network using radio frequency bands, which has met the licensing conditions specified in Article 12 of this Circular, shall only be issued a telecommunications service business license if it provides a confirmation letter from a bank designated by the Ministry of Information and Communications regarding the payment of the following amount to guarantee the implementation of the license:

a. An amount equal to 5% of the committed investment over the first three (3) years from the date of issuance of the license as stipulated in Clause 2, Article 19 of Decree 25/2011/ND-CP for the request to grant a license to establish a public fixed terrestrial telecommunications network using radio frequency bands and telecommunication subscriber numbers;

b. An amount equal to 5% of the committed investment over the first three (3) years from the date of issuance of the license as stipulated in Clause 3, Article 20 of Decree 25/2011/ND-CP for the request to grant a license to establish a public mobile terrestrial telecommunications network using radio frequency bands.

2. A business entity requesting to be granted a license to establish a public fixed terrestrial telecommunications network using radio frequency bands and telecommunication subscriber numbers, or requesting to be granted a license to establish a public mobile terrestrial telecommunications network using radio frequency bands, which falls under the provisions of Articles 19 and 25 of this Circular and has met the licensing conditions, shall only be issued a telecommunications service business license if:

c. The actual investment made by the business entity into the established telecommunications network does not fall below the committed investment over the first three (3) years from the date of issuance of the license as stipulated in Clause 2, Article 19 or Clause 3, Article 20 of Decree No. 25/2011/ND-CP; or

d. It provides a confirmation letter from a bank designated by the Ministry of Information and Communications regarding the payment of an amount corresponding to 5% of the difference between the committed investment over the first three (3) years from the date of issuance of the license as stipulated in Clause 2, Article 19 or Clause 3, Article 20 of Decree No. 25/2011/ND-CP and the actual investment made by the business entity into the established telecommunications network.

Section 2
AMENDMENT AND SUPPLEMENTATION OF THE BUSINESS LICENSE FOR TELECOMMUNICATIONS SERVICES TELECOMMUNICATION SERVICES

Article 17. Changes Requiring Amendment and Supplemental Procedures for the Business License for Telecommunications Services

During the validity period of the telecommunications service business license, the business entity must submit a request for amendment and supplementation of the license when at least one of the following changes occurs:

1. Changing the name of the business entity in accordance with the law on enterprises.

2. Changing the scope of establishing a public terrestrial telecommunications network that has been licensed but still within the regional or national scope.

3. Requesting to provide telecommunications services not specified in the license, and the authority granting such services is the authority that has already issued the current license.

4. Ceasing to provide some telecommunications services that have been licensed.

Article 18. Changes Requiring Notification Procedures

During the validity period of the telecommunications service business license, the business entity is not required to submit a request for amendment and supplementation of the license but must notify the Telecommunications Department of relevant information within thirty (30) days from the occurrence of at least one of the following changes:

1. Head office address.

2. Legal representative.

3. Registered capital or investment capital but still ensuring compliance with the statutory capital requirements stipulated in Articles 19, 20, and 21 of Decree No. 25/2011/ND-CP.

4. Proportion of capital contribution among shareholders but still ensuring compliance with foreign investment requirements in the enterprise and ownership requirements stipulated in Article 3 of Decree No. 25/2011/ND-CP.

Article 19. Changes must be carried out through licensing procedures

During the validity period of the telecommunications service business license, the enterprise must carry out licensing procedures as stipulated in Section 1 of this Chapter when there is at least one of the following changes:

1. Change of founding shareholders of a joint-stock company; or change of members of a limited liability company with two or more members; or change of owner of a single-member limited liability company; or change of individual business owner.

2. Change in organizational structure of the enterprise due to division, separation, merger, consolidation, or conversion of the company as prescribed by laws on enterprises.

3. Change in the scope of establishing networks between provinces/cities directly under the central government, regions, or nationwide.

4. Change in the need for using telecommunications number blocks, radio frequencies, and require determination of feasibility when allocating telecommunications number blocks, radio frequencies according to the proposal.

5. Request to provide telecommunications services not specified in the license and the competent authority issuing permission for such services is not the authority that issued the current license.

Article 20. Documents for requesting amendment and supplementation of the telecommunications service business license

1. The documents for requesting amendment and supplementation of the telecommunications service business license due to a change in the enterprise name include the following:

a. Application for amendment and supplementation of the telecommunications service business license;

b. Enterprise registration certificate or Investment Certificate and other relevant documents related to the change of the enterprise name.

2. The documents for requesting amendment and supplementation of the license due to narrowing the scope of establishing public telecommunications networks, stopping provision of telecommunications services include the following:

a. Application for amendment and supplementation of the telecommunications service business license;

b. Report on the implementation of the license from the date of issuance to the date of submission of the application for amendment and supplementation of the license according to Form 08/GPKDVT.

3. The application to amend and supplement the license due to expanding the scope of establishing a public telecommunications network and adding permitted telecommunications services includes the following documents:

a. Application for amendment and supplementation of the telecommunications service business license;

b. Report on the implementation of the license from the date of issuance to the date of submission of the application for amendment and supplementation of the license;

c. Business plan and technical plan for the first five (5) years from the date of issuance of the amended and supplemented license for the expanded network establishment scope, for the new services expected to be provided;

d. Draft model contract for using telecommunications services, draft model terms and conditions for using telecommunications services for applications for licenses to provide fixed terrestrial telephone services, terrestrial mobile information services, and Internet access services.

Article 21. Examination of amendment and supplementation of the telecommunications service business license

1. The examination of amendment and supplementation of the telecommunications service business license is based on the corresponding licensing conditions stipulated in Clauses 2, 3, 4, and 5 of Article 12 of this Circular.

2. The amended and supplemented license shall be valid from the date of issuance of the amendment and supplementation until the expiration date of the original license being amended and supplemented.

Section 3
EXTENSION OF TELECOMMUNICATIONS SERVICE BUSINESS LICENSE

Article 22. Documents for requesting extension of the telecommunications service business license

An enterprise that has been granted a telecommunications service business license wishing to continue operating telecommunications services according to the content of the already issued license without applying for a new license must submit an application for extension of the telecommunications service business license at least sixty (60) days before the expiration date of the license. The documents for requesting extension include the following:

1. Application for extension of the telecommunications service business license according to Form 03/GPKDVT.

2. Report on the implementation of the license from the date of issuance to the date of request for extension according to Form 08/GPKDVT.

Article 23. Examination for Extension of Telecommunications Service Business License

1. The examination for extension of telecommunications service business license shall be based on the enterprise's compliance with the provisions in the telecommunications service business license being requested to be extended and the relevant laws on telecommunications.

2. The extended license shall take effect from the date when the license being requested to be extended expires. The term of the extended license shall be determined according to the provision at point b, Clause 1, Article 38 of the Telecommunications Law.

Section 4
ISSUANCE OF TELECOMMUNICATIONS SERVICE BUSINESS LICENSE AGAIN

Article 24. Issuance of Telecommunications Service Business License Again

1. In cases where the telecommunications service business license is still valid but has been lost, torn, burned, or destroyed in another form, the enterprise must submit an application for reissuing the license according to Form 04/GPKDVT to the Telecommunications Administration.

2. Within 05 (five) working days from the date of receiving a valid application, the Telecommunications Administration shall have the responsibility to:

a) Examine and issue again the telecommunications service business license for cases stipulated in Clause 1, Article 5 of this Circular;

b) Report to the Minister of Information and Communications for examination and issuance of the telecommunications service business license again for cases stipulated in Clause 2, Article 5 of this Circular.

3. The reissued license shall contain the same content as the lost, torn, burned, or destroyed license. The reissued license shall clearly state the date of the first issuance, the date of reissuance, and the number of times it has been reissued.

Section 5
ISSUANCE OF NEW TELECOMMUNICATIONS SERVICE BUSINESS LICENSE

Article 25. Documents for Application for New Telecommunications Service Business License

1. An enterprise that has already been issued a telecommunications service business license and wishes to continue operating telecommunications services according to the content of the previously issued license must submit an application for a new license to the Telecommunications Administration at least 60 (sixty) working days before the expiration date of the current license.

2. The documents for application for a new public telecommunications network establishment license include the following:

a) Application for a new license according to Form 05/GPKDVT;

b) Report on the implementation of the license from the date of issuance to the date of application for renewal according to Form 08/GPKDVT;

c) Business plan for the first 05 (five) years from the date of issuance of the new license according to Form 06/GPKDVT;

d) Technical plan for the first 05 (five) years from the date of issuance of the new license according to Form 07/GPKDVT;

đ) Legal document confirming the statutory capital as prescribed in Clause 4, Article 13 of this Circular;

e) Commitment to implement the public telecommunications network establishment license.

3. The documents for application for a new telecommunications service provision license include the following:

a. Application for a new license according to Form 05/GPKDVT;

b. Report on the implementation of the license from the date of issuance to the date of application for renewal according to Form 08/GPKDVT;

c. Business plan for the first 05 (five) years from the date of issuance of the new license according to Form 06/GPKDVT;

d. For applications for permission to provide fixed landline telephone services, mobile terrestrial information services, and Internet access services: model telecommunications service usage contracts, model telecommunications service conditions information currently applied by the enterprise or draft model contracts and draft model condition information intended to be newly applied.

Article 26. Issuance of new business licenses for telecommunication services

1. The issuance of new business licenses for telecommunication services shall be carried out in accordance with Articles 12, 13, 14, 15, and 16 of Section 1 Chapter II of this Circular, taking into account compliance with the provisions in the proposed new business license for telecommunication services and the legitimate rights of telecommunication service users.

2. A newly issued license shall take effect from the date of expiration of the proposed new license. The term of a newly issued license shall be determined in accordance with Clause 2 of Article 34 of the Telecommunications Law.

Chapter III
REVOCATION AND CANCELLATION OF BUSINESS LICENSE CONTENT TELECOMMUNICATION SERVICES

Article 27. Revocation of Business License for Telecommunication Services

1. The Telecommunications Authority shall issue a notice regarding the violation committed by the enterprise and issue a decision to revoke the business license for telecommunication services issued by the Authority or submit to the Minister of Information and Communications a decision to revoke the business license for telecommunication services issued by the Ministry if the enterprise engages in fraudulent behavior or provides false information in the application dossier for a business license for telecommunication services, the application dossier for a new license, the application dossier for issuance, change, or extension of a business license for telecommunication services to obtain a license.

2. The Telecommunications Authority shall issue a notice regarding the violation committed by the enterprise and request the legal representative of the enterprise to come to the Authority's office to explain if the enterprise does not implement the contents stipulated in the issued business license for telecommunication services within two years from the date of issuance, or if the enterprise fails to notify the Ministry of Information and Communications when ceasing to provide telecommunication services according to the issued license for one consecutive year. After ten working days from the end of the deadline specified in the notice, if the person requested does not come to explain or the explanation provided is unsatisfactory, the Telecommunications Authority shall issue a decision to revoke the business license for telecommunication services issued by the Authority or submit to the Minister of Information and Communications a decision to revoke the business license for telecommunication services issued by the Ministry.

3. The Telecommunications Authority shall issue a decision to revoke the business license for telecommunication services issued by the Authority or submit to the Minister of Information and Communications a decision to revoke the business license for telecommunication services issued by the Ministry after receiving a decision from a competent state agency in the following cases:

a. The enterprise violates Clause 1 of Article 12 of the Telecommunications Law;

b. The enterprise conducts activities inconsistent with the contents of the issued telecommunication license, causing serious consequences to the legitimate rights and interests of other organizations and individuals.

4. The Telecommunications Authority shall issue a decision to revoke the business license for telecommunication services issued by the Authority or submit to the Minister of Information and Communications a decision to revoke the business license for telecommunication services issued by the Ministry if the enterprise ceases all operations of telecommunication services stipulated in the issued license and has completed the procedures to cease all operations of telecommunication services in accordance with the law.

Article 28. Revocation of Content of Telecommunications Business License

The Telecommunications Authority shall issue a notice regarding the violation by the enterprise and make a decision to revoke or submit to the Minister of Information and Communications for a decision to revoke any changes in the content of the telecommunications business license issued based on false information if the enterprise engages in fraudulent behavior or provides false information in the application dossier for amending or supplementing the telecommunications business license to obtain such permission.

Chapter IV
IMPLEMENTATION

Article 29. Transitional Provisions

1. Enterprises that have been granted a Public Telecommunications Network Establishment License and a Telecommunications Service Provision License, and have been granted a Telecommunications Service Provision License before the effective date of Decree No. 25/2011/ND-CP must complete the procedures to convert these licenses to a Public Telecommunications Network Establishment License and a Telecommunications Service Provision License according to the provisions of this Circular before December 31, 2013.

2. Enterprises applying for conversion to a Public Telecommunications Network Establishment License are exempt from the obligation to meet the statutory capital requirements, investment commitments, and ensure compliance with the license as stipulated in Articles 19, 20, 21, and 22 of Decree No. 25/2011/ND-CP.

3. An enterprise will be considered for issuance of a Public Telecommunications Network Establishment License and a Telecommunications Service Provision License according to the provisions of this Circular if it applies for conversion to a Public Telecommunications Network Establishment License and a Telecommunications Service Provision License; it will be considered for issuance of a Telecommunications Service Provision License according to the provisions of this Circular if it applies for conversion to a Telecommunications Service Provision License.

4. The authority to consider and issue licenses shall be applied according to the provisions of Article 5 of this Circular.

5. The converted license shall be valid from the date of issuance until the expiration date of the license being replaced if it replaces one previously issued license; or until the expiration date of the longest valid license being replaced if it replaces two or more previously issued licenses.

Article 30. Effective Date

This Circular takes effect from July 1, 2013.

Article 31. Implementation Organization

1. The Telecommunications Authority is responsible for publishing information about telecommunications service business licenses, decisions to revoke licenses, and decisions to revoke content of telecommunications service business licenses on its electronic information website.

2. Information in the application dossier for a telecommunications service business license shall be kept confidential in accordance with the law.

3. The Head of the Office, the Director of the Telecommunications Authority, the Heads of agencies and units under the Ministry, the Directors of Provincial Departments of Information and Communications, the General Directors, and the Directors of telecommunications enterprises and related organizations and individuals are responsible for implementing this Circular.

4. During implementation, if any difficulties arise, organizations and individuals should report to the Ministry of Information and Communications (Telecommunications Authority) to supplement and amend accordingly.