Circular No. 16/2018/TT-BTTTT amending and supplementing Circular No. 39/2016/TT-BTTTT dated December 26, 2016 of the Ministry of Information and Communications on model contracts and general terms and conditions in the telecommunications sector.

CIRCULAR

AMENDING AND COMPLEMENTING CIRCULAR NO. 39/2016/TT-BTTTT OF DECEMBER 26, 2016

ISSUED BY THE MINISTER OF INFORMATION AND COMMUNICATIONS ON CONTRACTS

IN THE FORM OF A MODEL AND GENERAL TERMS AND CONDITIONS IN THE TELECOMMUNICATION SECTOR

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

Based on the Consumer Protection Law dated November 17, 2010;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, issued by the Government, on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications which has been amended and supplemented by Decree No. 81/2016/NĐ-CP dated July 1, 2016 and Decree No. 49/2017/NĐ-CP dated April 24, 2017;

The Prime Minister issues this Decision amending Decision No. 35/2015/QD-TTg dated August 20, 2015 on amending and supplementing Decision No. 02/2012/QD-TTg dated January 13, 2012 of the Prime Minister on promulgating the list of essential goods and services that must be registered under model contracts, general transaction conditions.

Pursuant to Decision No. 02/2012/QĐ-TTg dated January 13, 2012 of the Prime Minister on the issuance of the list of goods and services that must be registered for model contracts and general terms and conditions, which has been amended and supplemented by Decision No. 35/2015/QĐ-TTg dated August 20, 2015 and Decision No. 38/2018/QĐ-TTg dated September 5, 2018;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications hereby promulgates this Circular amending and supplementing Circular No. 39/2016/TT-BTTTT of the Minister of Information and Communications on model contracts and general terms and conditions in the telecommunication sector (hereinafter referred to as Circular No. 39/2016/TT-BTTTT).

Article 1. Amend and supplement Point b Clause 4 Appendix I of Circular No. 39/2016/TT-BTTTT as follows

"b. Information on the obligations of telecommunications service providers; including at least the following contents:

- Ensuring the quality of services provided to customers according to the quality announced by the enterprise;

- Ensuring the confidentiality of information of service users, only transferring information to third parties with the consent of consumers except in cases prescribed by law;

- Not refusing to conclude contracts or unilaterally terminating contracts with telecommunications service users, except in cases prescribed in Article 26 of the Law on Telecommunications;

- Notifying telecommunications service users in case of ceasing to operate telecommunications services at least thirty days before officially ceasing to operate telecommunications services;

- The obligations of enterprises prescribed in Clause 4, Article 18, Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Consumer Protection;

- Resolving complaints of telecommunications service users within the time limit prescribed by law."

Article 2. Effective Date

This Circular takes effect from January 21, 2019.

Article 3. Transitional Provisions.

1. Within ninety (90) days from the date this Circular takes effect, telecommunications enterprises shall be responsible for:

a. Reviewing, revising, and supplementing existing model contracts and general terms and conditions applied when concluding contracts with telecommunications service users to ensure compliance with the provisions of this Circular;

b. Registering/re-registering with competent authorities for telecommunications services included in the List of Goods and Services that Must Be Registered for Model Contracts and General Terms and Conditions issued together with Decision No. 02/2012/QĐ-TTg dated January 13, 2012 of the Prime Minister on the issuance of the List of Goods and Services that Must Be Registered for Model Contracts and General Terms and Conditions, which has been amended and supplemented by Decision No. 35/2015/QĐ-TTg dated August 20, 2015 and Decision No. 38/2018/QĐ-TTg dated September 5, 2018;

c. Announcing the application of revised and supplemented model contracts and general terms and conditions for providing and using telecommunications services as stipulated in Article 7 of Circular No. 39/2016/TT-BTTTT before applying them to conclude contracts with customers.

2. Within ninety (90) days from the date of sending the notification of the application of model contracts and general terms and conditions or from the date of receiving the approval for re-registration of revised and supplemented model contracts and general terms and conditions from competent authorities, telecommunications enterprises shall be responsible for:

a. Applying revised and supplemented model contracts and general terms and conditions to conclude contracts with new customers;

b. Notifying current service users about the revised and supplemented contents in model contracts and general terms and conditions;

c. Re-signing contracts with customers if they request to sign new model contracts that have been revised and supplemented.

Article 4. Organization of Implementation

1. The Director of the Office, the Director of the Telecommunications Department, Heads of agencies and units under the Ministry; telecommunications enterprises and related organizations and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties arising, it is recommended that relevant agencies, organizations, enterprises, and individuals promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.