Circular No. 22/2009/TT-BTTTT on the management of prepaid mobile phone subscriptions

CIRCULAR
Regulations on the management of prepaid mobile subscriber accounts

____________________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Civil Code adopted by the National Assembly of the Socialist Republic of Vietnam at its 7th session of the 11th term on June 14, 2005;

Pursuant to the National Security Law adopted by the National Assembly of the Socialist Republic of Vietnam at its 6th session of the 11th term on December 3, 2004;

Pursuant to the Ordinance on Posts and Telecommunications dated May 25, 2002;

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

Pursuant to the Government Decree No. 160/2004/NĐ-CP dated September 3, 2004 detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding telecommunications;

Pursuant to the Government Decree No. 142/2004/NĐ-CP dated July 8, 2004 on administrative penalties for violations concerning posts, telecommunications, and radio frequencies;

Pursuant to the Government Decree No. 50/2009/NĐ-CP dated May 25, 2009 supplementing Article 12a of the Government Decree No. 142/2004/NĐ-CP dated July 8, 2004 on administrative penalties for violations concerning posts, telecommunications, and radio frequencies;

At the proposal of the Director of the Telecommunications Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate activities related to registration, retention, and utilization of personal information and mobile phone numbers of individuals or representatives of organizations using prepaid mobile services, including prepaid trunk radio telephone services (hereinafter referred to as prepaid mobile services), with the aim of effectively utilizing telecommunication resources, promoting sustainable development of the Vietnamese telecommunication market, and ensuring information security in telecommunication operations.

Article 2. Applicability

This Circular applies to:

a) Central and local state agencies directly involved in managing prepaid mobile services;

b) Mobile telecommunications enterprises;

c) Authorized transaction points;

d) Prepaid mobile subscribers.

Article 3. Explanation of Terms

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

1. Prepaid mobile service is a service where the user must prepay the mobile telecommunications enterprise through methods such as topping up prepaid SIM cards or prepaid mobile devices (those without SIM cards) or similar methods.

2. Mobile telecommunications enterprise is a telecommunications enterprise licensed by the Ministry of Information and Communications to establish networks and provide mobile telecommunications services.

3. Authorized transaction point is an enterprise or individual that has signed an authorization agreement with a mobile telecommunications enterprise to accept subscriber information registrations.

4. Prepaid mobile subscriber is an individual or representative of an organization using prepaid mobile services, including:

a) Prepaid mobile subscribers of terrestrial mobile phone networks;

b) Prepaid mobile subscribers of trunk radio telephone networks;

c) Prepaid mobile subscribers of other telecommunications networks as specified by the Ministry of Information and Communications.

5. Subscriber database is a collection of equipment (including hardware and software) interconnected to serve the updating, retention, and utilization of subscriber information by mobile telecommunications enterprises.

6. SIM (Subscriber Identity Module) is a smart electronic card used in mobile phones to store subscriber information, subscription services, and mobile telecommunications enterprise data.

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

1. The method and procedures for registration must be reasonable and simple; they shall not cause inconvenience or 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 confidentiality of subscriber information in accordance with the provisions of the law. Mobile telecommunications enterprises have the responsibility to ensure the confidentiality of subscriber information except in the following cases:

a) The subscriber consents to the provision of their own information;

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

c) Upon request from competent state agencies in accordance with the law.

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

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 cases stipulated in Clause 5, Article 7 of this Circular.

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

4. Circulating on the market SIM cards that have been pre-activated with prepaid mobile services.

5. Disclosing or using prepaid mobile subscriber information in violation of the law.

Chapter II

REGISTRATION, STORAGE, AND USE OF PREPAID MOBILE SUBSCRIBER INFORMATION

Article 6. Subjects for Registration

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

1. Subscribers starting to use prepaid mobile services.

2. Subscribers of prepaid mobile services currently being provided two-way service.

3. Subscribers of prepaid mobile services who have been one-way suspended.

4. Subscribers of prepaid mobile services who have been two-way suspended but are still within the thirty-day period from the date of suspension during which the number can be retained according to regulations and re-registration for use.

5. Subscribers of prepaid mobile services changing previously registered subscriber information.

Article 7. Registration of Subscriber Information

1. Subscribers specified in Article 6 must directly register at authorized transaction points by providing the subscriber number, valid identification card or passport, and an introduction letter (applicable for subscribers representing organizations) to the transaction point staff.

2. Mobile telecommunications enterprises may only enter into authorization contracts to accept registration of prepaid mobile subscriber information with transaction points meeting the following conditions:

a) Having a fixed transaction location with a clear and specific address;

b) Equipped with computers connected to the telecommunications network or Internet for transaction points located in central districts of cities and towns. For transaction points in other areas (excluding central districts of cities and towns), equipped with at least one of the following devices: computer, landline telephone, fax machine, mobile phone connected to the telecommunications network or Internet;

c) For individual transaction points, the person must be a Vietnamese citizen over eighteen years old, holding a valid identification card or passport within its validity period;

d) For corporate transaction points, they must hold a valid business registration certificate;

e) Commitment to comply with regulations on the management of prepaid mobile subscribers.

3. The registration of subscriber information must be directly carried out by the subscriber at authorized transaction points through the "Prepaid Mobile Subscriber Information Form" in a unified format issued by the enterprise.

4. The "Prepaid Mobile Subscriber Information Form" must contain the following minimum information:

a) For individual Vietnamese subscribers:

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

- Date of birth of the subscriber;

- Valid identification card or passport number and issuing authority of the subscriber (still within its validity period).

b) For foreign subscribers:

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

- Full name of the subscriber;

- Date of birth of the subscriber;

- Nationality of the subscriber; - Valid passport number of the subscriber (still within its validity period).

c) For subscribers representing organizations:

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

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

- Full name of the subscriber;

- Date of birth of the subscriber;

- Valid identification card or passport number and issuing authority of the representative subscriber (still within its validity period).

5. For individuals under fourteen years old (without identification card or passport) must have their parents or legal guardians, as prescribed by law, stand as guarantors for registration.

6. When accepting registration of subscriber information, the transaction point staff must verify the identification card or passport of the subscriber to ensure that the information in the "Prepaid Mobile Subscriber Information Form" matches the information in the identification card or passport. If the subscriber provides incomplete or inaccurate information as stipulated in Clause 4 of this Article, the mobile telecommunications enterprise or the authorized transaction point shall not accept the registration information and must notify the subscriber.

7. The name and address of the authorized transaction point that has accepted and registered, together with the subscriber information data as stipulated in Clause 4 of this Article, must be updated into the centralized database of the mobile telecommunications enterprise no later than forty-eight hours from the time of receiving a valid prepaid mobile subscriber information registration form directly at the transaction point.

8. For subjects specified in Clause 1, Clause 3, and Clause 4 of Article 6, no later than three (03) hours (under normal system operation conditions) after receiving a valid prepaid mobile subscriber information registration form at the transaction point, the mobile telecommunications enterprise must fully activate all services for the subscriber.

9. Given that mobile phone numbers are limited, to ensure the economical, efficient, and fair use of telecommunications resources, each individual may only register up to three (03) prepaid mobile subscriber numbers with each mobile network operator using their identification card number or passport number (except in cases where the individual is representing an organization or agency).

10. As of January 1, 2010, prepaid mobile subscribers specified in Article 6 who fail to register their subscriber information as required or provide inaccurate information will have their services terminated. These subscribers wishing to resume service must follow the procedures for new subscribers.

Article 8. Retention of Subscriber Information

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

2. The enterprise's subscriber information database shall be connected to the databases of state management agencies for use in the cases stipulated in Clause 1 and Clause 2, Article 9.

3. Prepaid mobile subscriber information forms must be updated into computers (at locations equipped with computers) or must be retained in paper form for a minimum period of twelve (12) months from the date of registration to serve the inspection and reconciliation activities of the management agencies.

Article 9. 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 managing networks, services, and telecommunications resources.

3. To serve the operation of managing and providing services of mobile telecommunications enterprises.

Chapter III

RESPONSIBILITIES FOR IMPLEMENTING REGISTRATION AND MANAGEMENT OF PREPAID MOBILE SUBSCRIBER NUMBERS

Article 10. Responsibilities of State Management Agencies

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

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

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

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

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

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

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

b) Inspect, check, handle administrative violations, and resolve complaints and reports in the activities of registering, retaining, and using prepaid mobile subscriber information within their jurisdiction according to their authority and current laws.

Article 11. Responsibilities of Mobile Information Enterprises

1. Invest in building, organizing operation, and safely exploiting equipment systems for subscriber information registration, storage, and usage in accordance with the provisions of this Circular.

2. Based on the implementation plan for prepaid mobile subscriber management 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.

3. Develop, issue, and organize the implementation of procedures and processes for registering prepaid mobile subscriber information as stipulated in Article 7.

4. Carry out the signing of authorization contracts with transaction point owners. The authorization contract must include clauses stipulating that the mobile information enterprise may unilaterally terminate the contract when the transaction point owner violates the provisions of this Circular and breaches the contract.

5. Organize dissemination and guidance for authorized transaction point owners and prepaid mobile subscribers regarding this Circular and the enterprise's prepaid mobile subscriber information registration plans and procedures.

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

7. Terminate authorization contracts with transaction point owners who violate prohibited acts as stipulated in Article 5 of this Circular.

8. Proactively coordinate and provide the Ministry of Information and Communications' Inspectorate and competent state agencies with identification card and passport numbers of prepaid mobile subscribers to verify and reconcile prepaid mobile subscriber information registration data to identify and handle violations of prepaid mobile subscriber management regulations.

9. Resolve customer complaints about prepaid mobile subscriber information registration, storage, and usage by the enterprise.

10. Be subject to inspection and examination by competent state management agencies in accordance with the law.

11. Report periodically and at any time upon request to the Ministry of Information and Communications on matters related to prepaid mobile subscriber management as stipulated in this Circular.

12. Statistically compile and report to the Provincial Department of Information and Communications on the number of subscribers and authorized transaction points for prepaid mobile subscriber registration within their jurisdiction.

13. Proactively organize and cooperate with central and local press agencies, radio stations, and television stations to disseminate and publicize prepaid mobile subscriber management regulations.

14. Announce and post on the mobile information enterprise’s website the list of authorized transaction points for prepaid mobile subscriber information registration.

Article 12. Responsibilities of Authorized Transaction Point Owners

1. Bear responsibility for registering and managing prepaid mobile subscriber information in accordance with the provisions of this Circular and the mobile information enterprise's prepaid mobile subscriber information registration procedures.

2. Bear responsibility for timely and accurately checking, updating, and transmitting prepaid mobile subscriber registration information at their transaction points to the mobile information enterprise.

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

4. Be subject to inspection and examination by competent state management agencies in accordance with the law.

5. Notify the mobile information enterprise, Provincial Department of Information and Communications, or other competent authorities when violations are discovered during the process of prepaid mobile subscriber information registration, storage, and usage.

Article 13. Responsibilities of Prepaid Mobile Subscriber

1. Implement the registration of subscriber information in accordance with Article 7.

2. Create necessary conditions for mobile telecommunications enterprises, authorized transaction points, and competent state agencies to conduct inspections and confirm the provided subscriber information in order to protect their rights and interests during the usage period.

3. Bear legal responsibility for the authenticity of the subscriber information registered by themselves.

4. Notify the mobile telecommunications enterprise or the authorized transaction point when there is a change in the subscriber identity.

5. Report to the mobile telecommunications enterprise or the authorized transaction point, or relevant authorities, upon discovering any violations during the registration, storage, and use of prepaid mobile subscriber information.

Chapter IV

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 14. Inspection and Audit

The inspection and supervision of activities related to the registration, storage, and use of prepaid mobile subscriber information under this Circular shall be carried out by the specialized inspectorate of Telecommunications and Information Technology in accordance with the Inspection Law and other related guiding documents.

Article 15. Handling Violations

1. Mobile telecommunications enterprises, authorized transaction points, and users of prepaid mobile services who violate the provisions of this Circular shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, as stipulated by law.

2. Administrative penalties for violations concerning the management of prepaid mobile subscribers shall be implemented according to Decree No. 142/2004/ND-CP dated July 8, 2004, issued by the Government on the Regulations on Administrative Penalties for Postal Services, Telecommunications, and Radio Frequency Management, and Decree No. 50/2009/ND-CP dated May 25, 2009, issued by the Government amending Article 12a of Decree No. 142/2004/ND-CP dated July 8, 2004, on Regulations on Administrative Penalties for Postal Services, Telecommunications, and Radio Frequency Management.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Guidance on Implementation

1. This Circular takes effect from August 10, 2009, and replaces Decision No. 03/2007/QĐ-BTTTT dated September 4, 2007, issued by the Minister of Information and Communications on the issuance of regulations on the management of prepaid mobile subscribers.

2. Authorized transaction points that do not meet the conditions specified in Clause 2, Article 7 must cease operations for receiving and registering prepaid mobile subscribers from the date this Circular takes effect, except for the provision of computers connected to the telecommunications network or the Internet for authorized transaction points located in inner-city districts of cities and towns as specified in Point b, Clause 2, Article 7, which must be completed by September 30, 2009.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Director of the Telecommunications Department, the Heads of departments and units under the Ministry, the Directors of Provincial Departments of Information and Communications, the General Directors, and the Directors of mobile telecommunications enterprises, and related organizations and individuals are responsible for implementing this Circular.

4. During the implementation, if any difficulties arise, the relevant agencies, organizations, and individuals need to promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.