Law on Telecommunications No. 24/2023/QH15

LAW

TELECOMMUNICATIONS

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Telecommunications Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates telecommunications activities; rights and obligations of organizations and individuals participating in telecommunications activities; state management over telecommunications.

Article 2. Applicability

This Law applies to Vietnamese organizations and individuals, foreign organizations and individuals directly participating in or related to telecommunications activities in Vietnam.

Article 3. Explanation of Terms

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

1. Telecommunications is the act of sending, transmitting, receiving, and processing symbols, signals, data, writing, images, sound, or other forms of information through cables, radio waves, optical means, and other electromagnetic means.

2. Telecommunications activities include investment in and operation of basic telecommunications services, value-added telecommunications services, telecommunications goods; public telecommunications services; issuance, extension, reissuance, amendment, supplementation, revocation of telecommunications licenses; interconnection and sharing of telecommunications infrastructure; management of telecommunications resources; management of technical standards, quality, and prices of telecommunications services; construction of telecommunications works.

3. Telecommunications equipment is technical equipment, including hardware, software, and hardware with accompanying software used for telecommunications purposes.

4. Terminal equipment is fixed or mobile telecommunications equipment connected to the end point of the telecommunications network for sending, transmitting, receiving, and processing information.

5. Network equipment is telecommunications equipment installed on the telecommunications network to ensure the provision of telecommunications services.

6. Telecommunications goods are materials and telecommunications equipment that can be exchanged, purchased, and sold on the market.

7. Telecommunications services include basic telecommunications services and value-added telecommunications services:

a) Basic telecommunications services are services for sending, transmitting, and receiving information between two persons or a group of persons using telecommunications services, between terminal devices via the telecommunications network;

b) Value-added telecommunications services are services providing additional features such as processing, storing, and accessing information for users through the sending, transmitting, and receiving of information on the telecommunications network.

8. Internet-based basic telecommunications services are telecommunications services providing the main function of sending, transmitting, and receiving information between two persons or a group of persons using telecommunications services on the Internet.

9. Data center services are telecommunications services providing processing, storage, and access to information for users through the telecommunications network by leasing part or all of the data center.

10. Cloud computing is a model allowing flexible, adjustable, and demand-driven management of shared computing resources including networks, servers, storage devices, applications.

11. Cloud computing services are telecommunications services providing processing, storage, and access to information for users through the telecommunications network via cloud computing.

12. Telecommunications application services are services using telecommunications networks to provide application services in fields such as information technology, broadcasting, television, commerce, finance, banking, culture, information, healthcare, education, and other areas.

13. Transmission path is a set of telecommunications equipment used to establish a portion or the entire transmission path between two specified points.

14. Telecommunications network is a set of interconnected telecommunications equipment using transmission paths to provide telecommunications services and telecommunications application services.

15. Public telecommunications network is a telecommunications network established by telecommunications enterprises to provide telecommunications services and telecommunications application services to the public for profit-making purposes.

16. Private telecommunications network is a telecommunications network established by organizations operating in Vietnam to provide telecommunications services and telecommunications application services to members of the network without the direct aim of making profits from the network's operations.

17. Internal network is a telecommunications network established at a specific location with a defined address and scope by an organization or individual legally entitled to use it for internal communication without the direct aim of making profits from the network's operations.

18. Internet is a global information system using Internet protocols and resources to provide various services and applications to telecommunications service users.

19. End point of a public telecommunications network is a physical connection point within the telecommunications network according to technical standards and norms to ensure the connection of terminal equipment to the network and to delineate economic and technical boundaries between telecommunications enterprises and telecommunications service users.

20. Telecommunications interconnection is the physical and logical linking of telecommunications networks, thereby enabling users of one network to communicate with users or access services of another network and vice versa.

21. Telecommunications work is a construction project, including passive telecommunications infrastructure and equipment installed thereon for telecommunications purposes.

22. Passive telecommunications infrastructure is technical infrastructure consisting of buildings, stations, antenna towers, cable suspension poles, conduits, tanks, cable ducts, trenches, technical pipelines, and related infrastructure for installing equipment serving telecommunications purposes.

23. Data center is a telecommunications work, including buildings, stations, cable systems, computer systems, and power systems along with auxiliary equipment installed thereon for processing, storing, and managing data for one or more organizations or individuals.

24. Telecommunications infrastructure is a collection of telecommunications networks and telecommunications works.

25. Essential facilities are important components of telecommunications infrastructure owned or largely owned by one or several telecommunications enterprises on the telecommunications market, and establishing new infrastructure of this kind as a replacement is not economically or technically feasible.

26. Telecommunications resources are national resources, including telecommunications numbering resources, Internet resources, radio frequency spectrum, and satellite orbits under the management of Vietnam.

27. Telecommunication number pool is a collection of codes and numbers under the management of Vietnam, uniformly planned to establish telecommunication networks, provide and use telecommunication services, and telecommunication application services.

28. Internet resources are a collection of domain names, Internet addresses, network identifiers, and other numbers under the management of Vietnam, including Vietnamese Internet resources and international Internet resources allocated by international organizations for organizations and individuals to use in Vietnam.

29. Telecommunication enterprise is a business established according to Vietnamese law and permitted to operate telecommunication services in accordance with this Law. Telecommunication enterprises include:

a) Infrastructure-based service provider is an enterprise that implements the establishment and ownership of public telecommunication networks and provides telecommunication services.

b) Non-infrastructure-based service provider is an enterprise that provides telecommunication services without establishing or owning public telecommunication networks.

30. Telecommunication service agent is an organization or individual that enters into a contract with a telecommunication enterprise to provide telecommunication services to telecommunication service users.

31. Telecommunication service user is an organization or individual that contracts with a telecommunication enterprise or a telecommunication service agent for the provision and use of telecommunication services.

32. Telecommunication subscriber is a telecommunication service user associated with the allocation of specific telecommunication resources or transmission paths.

33. Reselling of telecommunication services is the act of a telecommunication enterprise or a telecommunication service agent providing telecommunication services to telecommunication service users based on leasing transmission paths or purchasing traffic and telecommunication services through a contract signed with another telecommunication enterprise.

34. Subscriber Identity Module (hereinafter referred to as SIM) is an integrated circuit used to attach telecommunication subscriber numbers and contain related data and information for the provision and use of telecommunication services.

35. Foreign organization is an entity established abroad according to foreign laws.

Article 4. State policy on telecommunications

1. Creating conditions for organizations and individuals from various economic sectors to participate in investment and operation of telecommunications to develop widely accessible broadband infrastructure, data centers, cloud computing in a sustainable and modern manner; forming digital infrastructure to meet the requirements of digital economy and digital society development, contributing to ensuring national defense, security, and improving the quality of life for the people.

2. Ensuring a healthy competitive environment in telecommunications activities.

3. Creating favorable conditions for the development of infrastructure and provision of telecommunications services in border areas, mountainous regions, highlands, coastal plains, islands, ethnic minority areas, and areas with particularly difficult socio-economic conditions; clearly distinguishing between public welfare telecommunications activities and commercial telecommunications operations.

4. Promoting the application of the Internet in administrative, educational, training, health, scientific research, and other fields.

5. Researching and developing new generation Internet technologies, standards, applications, low Earth orbit satellite technology, and next-generation telecommunication network technology.

6. Investing in construction and modernization of dedicated telecommunication networks serving national defense, security activities, and the operations of Party and State agencies.

7. Encouraging the development of telecommunications human resources to meet the requirements of effective management, exploitation, and operation of telecommunications infrastructure.

8. Strengthening international cooperation in telecommunications based on respect for independence, sovereignty, and territorial integrity, equality, mutual benefit, and compliance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Article 5. Ensuring the safety of telecommunications infrastructure, network information security, and information security

1. Ensuring the safety of telecommunications infrastructure, network information security, and information security is the responsibility of all agencies, organizations, and individuals. In cases where acts hindering lawful construction, destroying, or infringing upon telecommunications infrastructure are discovered, the relevant agency, organization, or individual must promptly report to the People's Committee of the commune or the nearest public security agency.

2. Telecommunications enterprises, organizations establishing telecommunications networks, organizations and individuals owning passive telecommunications technical infrastructure, telecommunications service agents, and telecommunications service users have the responsibility to protect telecommunications networks and terminal equipment.

3. Organizations and individuals shall not cause harmful interference, damage equipment, works, telecommunications networks, or harm the lawful operation of other organizations' and individuals' telecommunications infrastructure during their activities.

4. Organizations and individuals participating in telecommunications activities are subject to management, inspection, and supervision by competent state agencies regarding the safety of telecommunications infrastructure and information security as prescribed by law and must comply with their requirements.

5. The Ministry of National Defense, the Ministry of Public Security, People's Committees at all levels, and related agencies, within their respective duties and authorities, have the responsibility to protect the safety of telecommunications infrastructure and handle acts hindering lawful construction, destroying, or infringing upon telecommunications infrastructure.

6. Telecommunications enterprises are responsible for immediately suspending the provision of telecommunications services in cases of riots or the use of telecommunications services against the Socialist Republic of Vietnam, threatening national security, upon the request of competent state agencies as prescribed by law.

7. Upon the request of competent state agencies as prescribed by the Cybersecurity Law, telecommunications enterprises are responsible for providing access points to telecommunications networks and necessary technical and operational conditions for those agencies to perform their tasks of monitoring and ensuring information security.

8. The Government shall provide detailed regulations on ensuring the safety of telecommunications infrastructure and network information security in telecommunications activities.

Article 6. Ensuring the confidentiality of information

1. Organizations and individuals participating in telecommunications activities have the responsibility to protect state secrets according to the laws on protecting state secrets.

2. Organizations and individuals transmitting or storing information listed in the state secret directory on telecommunications networks must encrypt such information according to the laws on cryptographic matters.

3. Personal information of all organizations and individuals transmitted through public telecommunications networks is guaranteed confidentiality. Monitoring of information on telecommunications networks is carried out by competent state agencies as prescribed by law.

4. Telecommunications enterprises may not disclose personal information related to telecommunications service users, including subscriber information (name, address, telecommunications subscriber number, and other personal information provided by the user when entering into a contract with the enterprise) and usage information (telecommunications subscriber number sent, received, terminal device location sent, received, time sent, received, duration of communication, internet address), except in the following cases:

a) The telecommunications service user consents to provide information in accordance with the laws on personal data protection;

b) Telecommunications enterprises have a written agreement to exchange and provide subscriber information and usage information of telecommunications service users for billing purposes;

c) A telecommunications enterprise discloses subscriber information when the user evades payment obligations for telecommunications services as prescribed by the Minister of Information and Communications.

d) When requested by a competent state agency in accordance with the law.

Article 7. Prior information transmitted through telecommunications networks

1. Urgent information serving national defense, security, and confidential communications.

2. Urgent information serving search and rescue, disaster relief, prevention and control of natural disasters, fires, and other catastrophes.

3. Urgent information serving disease prevention and control.

4. Other cases as prescribed by laws on emergency situations.

Article 8. National Telecommunications Development Plan

1. The national telecommunications development plan is integrated into the information and communication infrastructure planning to determine the goals, principles, and directions for the development of the telecommunications market, telecommunications infrastructure, technology, telecommunications services, and implementation solutions.

2. The construction of the national telecommunications development plan shall be carried out according to the following principles:

a) Consistent with the national strategy, national-level planning, and the socio-economic development plans of the country at each stage; comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

b) Consistent with the trend of technological convergence and telecommunications services; create conditions for the application of new technologies and advanced technologies;

c) Ensure effective, economical, and purposeful management, exploitation, and utilization of telecommunications resources;

d) Ensure sustainable, harmonious telecommunications development; narrow the gap in telecommunications development between regions;

e) Protect the environment, ensure the safety of telecommunications infrastructure, and information security.

3. Based on the information and communication infrastructure planning, regional planning, provincial planning, and related technical and specialized planning, telecommunications enterprises shall develop their own planning and plans.

Article 9. Prohibited Acts in Telecommunications Activities

1. Exploiting telecommunications activities to oppose the Socialist Republic of Vietnam; infringing upon national security, public order, and social safety, causing damage to the interests of the State, the rights, and legitimate interests of organizations and individuals.

2. Illegally intercepting, listening to, or viewing information on telecommunications networks; stealing, illegally using telecommunications resources, passwords, encryption keys, and personal information of other organizations and individuals.

3. Illegally obstructing the establishment of telecommunications infrastructure, disrupting, or destroying the establishment of telecommunications infrastructure, lawful provision and use of telecommunications services.

4. Establishing telecommunications infrastructure or providing telecommunications services without permission as prescribed by this Law.

5. Using equipment or software to send, transmit, or receive information over telecommunications networks to commit acts violating the law.

Chapter II

TELECOMMUNICATIONS BUSINESS

Section 1

INVESTMENT AND TELECOMMUNICATIONS BUSINESS

Article 10. Forms of Telecommunications Business

1. Telecommunications business includes the following forms:

a) Telecommunications service business involves investing in establishing public telecommunications networks and providing telecommunications services for profit;

b) Telecommunications goods business involves investing in producing, trading, buying, selling, or leasing telecommunications goods for profit.

2. Telecommunications service business must comply with the provisions of this Law and other relevant laws. Telecommunications goods business must comply with the provisions of Articles 42 and 55 of this Law and other relevant laws.

Article 11. Ownership in Telecommunications Services Business

1. The State maintains the State's share capital or shares to ensure control over the operations of enterprises providing services with infrastructure that are particularly important for the operation of the entire national telecommunications infrastructure and directly affect economic and social development, ensuring national defense and security.

2. The Prime Minister shall issue a list of enterprises providing services with infrastructure as stipulated in Clause 1 of this Article.

3. The Government shall specify in detail the maximum percentage of share capital or shares that an organization or individual may hold in two or more different telecommunications enterprises operating in the same telecommunications service market to ensure fair competition.

Article 12. Investment in Telecommunications Services Business

1. Investment activities in telecommunications services business in Vietnam must comply with the provisions of this Law and investment laws.

2. Conditions for foreign investors to access the market in telecommunications services business must comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

3. Activities of investing in telecommunications services abroad must be carried out in accordance with the provisions of investment laws.

Article 13. Rights and Obligations of Telecommunications Enterprises

1. Enterprises providing services without infrastructure have the following rights:

a) To construct, install, and own telecommunication equipment systems and transmission lines within their premises and public service points to provide telecommunications services to users of telecommunications services;

b) To lease transmission lines to connect their telecommunication equipment systems, premises, and public service points with each other and with the public telecommunications network of other telecommunications enterprises;

c) To lease transmission lines or purchase traffic and telecommunications services from other telecommunications enterprises to resell to users of telecommunications services;

d) To lease telecommunications infrastructure they have rented to other telecommunications enterprises if the telecommunications enterprise renting the telecommunications infrastructure agrees;

đ) To be allocated telecommunications resources according to the provisions of this Law on telecommunications resource management;

e) To research and develop, trial new technologies and models in telecommunications activities;

g) Other rights as prescribed by the Enterprise Law and other relevant laws.

2. Enterprises providing services without infrastructure have the following obligations:

a) To contribute financially to the Vietnam Telecommunications Public Service Fund in accordance with the law;

b) To be responsible for service quality according to registered or announced standards; to ensure the accuracy and completeness of service prices according to telecommunications service provision and usage contracts;

c) To be subject to supervision by competent state authorities and to implement regulations on ensuring the safety of telecommunications infrastructure and information security;

d) To report periodically or urgently about the telecommunications activities of the enterprise in accordance with the regulations of the Minister of Information and Communications; to be responsible for the accuracy and timeliness of the content and data in the reports;

đ) To implement measures to block connections, internet addresses, domain names, and other blocking measures against telecommunication equipment systems, telecommunications services, and telecommunications application services used to commit acts as stipulated in Clause 1 of Article 9 of this Law when requested in writing by competent state authorities in accordance with the law;

e) To have technical connection plans ready to serve the reporting of data electronically to meet state management requirements for telecommunications in accordance with the regulations of the Minister of Information and Communications;

g) To comply with requests from competent state authorities to mobilize part or all of the telecommunications infrastructure, telecommunications services in case of emergency in accordance with laws on national defense, national security, and emergency situations;

h) To ensure that telecommunications subscribers retain their original telecommunications subscriber numbers when changing telecommunications service providers within the same type of telecommunications service;

i) To provide services to users of telecommunications services who have complete and matching telecommunications subscriber information with the information presented on identity documents when concluding contracts in accordance with the law;

k) To verify, retain, use telecommunications subscriber information, and handle SIM cards with incomplete or inaccurate telecommunications subscriber information;

l) To prevent and stop illegal messages and calls in accordance with government regulations;

m) To cease providing telecommunications services to telecommunications subscribers who violate telecommunications laws;

n) Other obligations as prescribed by the Enterprise Law and other relevant laws.

3. Enterprises providing services with infrastructure have the following rights:

a) The rights stipulated in Clause 1 of this Article;

b) To be prioritized in using airspace, land surface, underground, riverbeds, seabeds, and land used for public purposes to build telecommunications infrastructure in accordance with planning, standards, technical norms, and related laws;

c) To lease telecommunications infrastructure to other telecommunications enterprises;

d) To participate in providing public telecommunications services.

4. Enterprises providing services with infrastructure have the following obligations:

a) The obligations stipulated in Clause 2 of this Article;

b) To lease passive telecommunications infrastructure to other telecommunications enterprises when it is consistent with passive telecommunications infrastructure planning and economically and technically feasible;

c) To dismantle and remove telecommunications works under their ownership or management that show signs of danger and do not ensure safety for exploitation and use in accordance with construction laws;

d) To bury underground and tidy up telecommunications cable routes.

5. The Government shall specify in detail Points h, k, and m of Clause 2, Point d of Clause 4 of this Article.

Article 14. Rights and Obligations of Telecommunication Service Agents

1. Telecommunication service agents have the following rights:

a) Establish terminal equipment systems at locations used to provide telecommunication services to users at those locations according to the agreement in the telecommunication service agency contract;

b) Provide and resell telecommunication services in accordance with the provisions of this Law;

c) Request telecommunication enterprises that enter into telecommunication service agency contracts to guide and provide information about telecommunication services;

d) Cease providing telecommunication services to users who violate laws on telecommunication;

đ) Other rights as prescribed by the Commercial Law and other relevant laws;

2. Telecommunication service agents have the following obligations:

a) Implement regulations on ensuring the safety of telecommunication infrastructure and information security;

b) Provide telecommunication services according to the quality and price stipulated in the telecommunication service agency contract;

c) Be subject to inspection and supervision of the implementation of the telecommunication service agency contract by the telecommunication enterprise that enters into the contract;

d) Provide telecommunication services within the time frame prescribed by law;

đ) Other obligations as prescribed by the Commercial Law and other relevant laws;

Article 15. Rights and Obligations of Telecommunication Service Users, Telecommunication Subscribers

1. Telecommunication service users have the following rights:

a) Choose telecommunication enterprises or telecommunication service agents to conclude contracts for the provision and use of telecommunication services;

b) Request telecommunication enterprises and telecommunication service agents to provide necessary information related to the use of telecommunication services;

c) Use telecommunication services according to the quality and price stipulated in the contract for the provision and use of telecommunication services;

d) Refuse to use part or all of the telecommunication services according to the contract for the provision and use of telecommunication services;

đ) Be guaranteed confidentiality of personal information in accordance with the law;

e) Complain about service prices and quality; be refunded for service usage fees and compensated for direct damages caused by the fault of telecommunication enterprises or telecommunication service agents;

2. Telecommunication service users have the following obligations:

a) Pay full and on time for telecommunication service usage fees;

b) Compensate for direct damages caused by their own fault to telecommunication enterprises and telecommunication service agents;

c) Bear legal responsibility for the content of information they send or store on the telecommunication network;

d) Not use telecommunication infrastructure of telecommunication enterprises to operate telecommunication services;

3. Telecommunication subscribers have the following rights:

a) The rights stipulated in Clause 1 of this Article;

b) Design, install, or hire organizations or individuals to design and install terminal equipment, internal networks within the scope of locations they use up to the end point of the public telecommunication network;

4. Telecommunication subscribers have the following obligations:

a) The obligations stipulated in Clause 2 of this Article;

b) Implement regulations on telecommunication resource management and telecommunication technical standards and specifications;

c) Provide complete and accurate information of telecommunication subscribers to telecommunication enterprises when concluding contracts for the provision and use of telecommunication services;

d) Not use information from their identification documents to conclude contracts for the provision and use of telecommunication services for others, except as permitted under the law on telecommunication;

đ) Bear legal responsibility for the use of telecommunication subscriber numbers they have concluded contracts with telecommunication enterprises;

e) Protect passwords, encryption keys, and terminal equipment.

Article 16. Wholesale Activities in Telecommunications

1. Wholesale activities in telecommunications refer to the activities where a telecommunications enterprise leases telecommunications networks or purchases telecommunications traffic and services from another telecommunications enterprise for the purpose of providing telecommunications services.

2. Wholesale activities in telecommunications shall be carried out in accordance with the following provisions:

a) Ensuring service provision at fair and reasonable prices and conditions without discrimination;

b) Transparency in information on prices, standards, technical regulations of telecommunications, network and service quality.

3. The Minister of Information and Communications shall provide detailed regulations on wholesale activities in telecommunications.

Article 17. Telecommunications Enterprises with Dominant Market Position, Group of Telecommunications Enterprises with Dominant Market Position

1. The Government shall stipulate criteria for determining the telecommunications service market under state management, criteria for identifying telecommunications enterprises with dominant market position, and group of telecommunications enterprises with dominant market position in the telecommunications service market under state management.

2. Based on the provisions of Clause 1 of this Article, the Minister of Information and Communications shall issue a list of telecommunications service markets under state management, a list of telecommunications enterprises with dominant market position, and a list of groups of telecommunications enterprises with dominant market position in the telecommunications service market under state management.

3. In addition to the obligations prescribed in Clauses 2 and 4 of Article 13 of this Law, telecommunications enterprises with dominant market position, and groups of telecommunications enterprises with dominant market position must also comply with the following obligations towards the telecommunications service market where they are determined to have a dominant position:

a) Implementing wholesale activities in telecommunications when requested by other telecommunications enterprises according to Article 16 of this Law;

b) Conducting cost accounting and determining the cost of telecommunications services provided;

c) Not providing telecommunications services at a price lower than the cost of service, except in cases of promotional activities as prescribed by law;

d) Establishing model agreements when implementing wholesale activities in telecommunications as prescribed by the Minister of Information and Communications.

Section 2

ESTABLISHING TELECOMMUNICATIONS NETWORKS AND PROVIDING TELECOMMUNICATIONS SERVICES

AND PROVIDING TELECOMMUNICATION SERVICES

Article 18. Terminal Equipment, Internal Networks

1. The installation and connection of terminal equipment and internal networks of telecommunications subscribers to the public telecommunications network must comply with the provisions of this Law on telecommunication resource management, technical standards and regulations.

2. The integration of terminal equipment and internal networks of telecommunications subscribers into the public telecommunications network shall be carried out through telecommunications service supply and usage contracts by telecommunications enterprises.

Article 19. Establishment of Telecommunications Networks

1. Telecommunications networks are constructed and developed in accordance with the strategy, planning, technical standards and regulations approved and issued by competent state agencies.

2. Organizations establishing telecommunications networks must hold a telecommunications service supply license with infrastructure networks as prescribed in Point a, Clause 2, Article 33 of this Law, or a telecommunications network establishment license as prescribed in Points b and d, Clause 3, Article 33 of this Law.

3. The Prime Minister shall stipulate the establishment and operation of dedicated telecommunications networks serving Party and State agencies.

4. The Minister of National Defense and the Minister of Public Security shall stipulate the establishment and operation of dedicated telecommunications networks serving defense, security, and confidential communications.

5. Except for the cases prescribed in Clauses 3 and 4 of this Article, organizations establishing dedicated telecommunications networks in the following cases must hold a dedicated telecommunications network establishment license:

a) Dedicated telecommunications networks with wired transmission lines built by organizations;

b) Dedicated telecommunications networks where members of the network are organizations or individuals in Vietnam or foreign organizations or individuals operating in Vietnam with the same purpose and nature of activities and linked together by organizational and operational charters or other forms;

c) Dedicated wireless telecommunications networks for organizations entitled to privileges and exemptions granted to diplomatic missions, consular offices, and international organization representative offices in Vietnam;

d) Other dedicated telecommunications networks.

6. The Government shall provide detailed regulations on the establishment of telecommunications networks as prescribed in Clauses 2 and 5 of this Article.

Article 20. Provision of Telecommunication Services

1. A business providing telecommunication services must have a business license for telecommunication services or register and notify the provision of telecommunication services, except in cases provided for in Article 42 of this Law.

2. The provision of telecommunication application services must comply with the provisions of this Law on connection, management of telecommunication resources, telecommunication technical standards and regulations, and other relevant laws.

3. The provision of telecommunication services to telecommunication service users shall be carried out based on a telecommunication service supply and use contract between the telecommunication business, telecommunication service agent, and the telecommunication service user.

4. A telecommunication business providing services to telecommunication service users must register the contract according to the model and general transaction conditions as prescribed by the law on consumer rights protection.

5. Vietnamese telecommunication businesses providing telecommunication services abroad must comply with Vietnamese law, international treaties to which the Socialist Republic of Vietnam is a party, and the law of the country or territory where the service is provided.

6. The Government shall provide detailed regulations on the classification of telecommunication services and the provision of telecommunication services.

Article 21. Provision of Telecommunication Services Across Borders to Telecommunication Service Users in Vietnam

1. The provision of telecommunication services across borders to telecommunication service users in Vietnam must comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

2. For telecommunication services provided under commitments in international treaties to which the Socialist Republic of Vietnam is a party, foreign organizations providing telecommunication services across borders, in addition to fulfilling their obligations under the commitments, must ensure requirements related to national defense, security, public policy; comply with the provisions of Clause 6, Article 5, Articles 6, Point b and Point d, Clause 2, Article 13 of this Law, and other relevant laws on information security, cyber security.

3. Telecommunication businesses participating in commercial agreements with foreign organizations providing telecommunication services across borders to telecommunication service users in Vietnam must have technical solutions to ensure information security and implement emergency measures to stop telecommunication services upon request of competent state authorities.

4. The Government shall provide detailed regulations on Clause 2 and Clause 3 of this Article.

Article 22. Refusal to Provide Telecommunication Services

1. Telecommunication businesses and telecommunication service agents may not refuse to enter into contracts with telecommunication service users, except in the following cases:

a) The telecommunication service user has previously violated a telecommunication service supply and use contract with a telecommunication business.

b) The provision of telecommunication services is economically and technically unfeasible.

c) The telecommunication service user has been agreed in writing by a telecommunication business to refuse to provide postpaid telecommunication services due to avoiding payment obligations.

d) There is a written request from a competent state authority as prescribed by law.

2. Telecommunication businesses may not unilaterally terminate contracts with telecommunication service users, except in the following cases:

a) The telecommunication service user has violated a telecommunication service supply and use contract.

b) The telecommunication subscriber has violated telecommunication law. The Government shall provide detailed regulations on this point.

c) There is a written request from a competent state authority as prescribed by law.

Article 23. Suspension of Telecommunication Services Business

1. A telecommunication enterprise may only suspend part or all of its telecommunication services if it meets the following conditions:

a) It has a plan to ensure the rights and legitimate interests of telecommunication service users according to the telecommunication service provision and usage contracts already concluded and those of related parties;

b) It has notified the Ministry of Information and Communications of the suspension of telecommunication services business.

2. A telecommunication enterprise holding essential means, a telecommunication enterprise or a group of telecommunication enterprises having a dominant position in the managed telecommunication service market, or a telecommunication service provider for public interest may only suspend part or all of their directly related essential means telecommunication services, dominant market telecommunication services, or public interest telecommunication services if they meet the following conditions and obtain written approval from the Ministry of Information and Communications:

a) It has a plan to ensure the rights and legitimate interests of telecommunication service users according to the telecommunication service provision and usage contracts already concluded and those of related parties;

b) In cases where suspending telecommunication services does not terminate operations, it must ensure the provision of substitute telecommunication services to telecommunication service users, transfer telecommunication service users to use corresponding telecommunication services of another telecommunication enterprise, or agree to compensate telecommunication service users;

c) In cases where suspending telecommunication services results from terminating operations, it must have measures to continue providing telecommunication services to users in the restructuring plan or bankruptcy, dissolution plan of the enterprise.

3. In cases where the suspension of telecommunication services is required by a competent state agency due to the enterprise's violation of laws, the enterprise must have a plan to ensure the rights and legitimate interests of telecommunication service users according to the telecommunication service provision and usage contracts already concluded and a remediation plan, and report in writing to the Ministry of Information and Communications.

4. The Government shall provide detailed regulations on the conditions and procedures for suspending part or all of telecommunication services.

Article 24. Business Communication

1. A telecommunication enterprise may use domestic and international communication through the telecommunication network operated by the enterprise for management, operation, technical handling, and business affairs, and be exempted from service usage fees.

2. A telecommunication enterprise shall specifically define the objects, scope, level of usage, and issue internal regulations for managing business communication within the enterprise.

Article 25. Emergency Telecommunication Services

1. Emergency telecommunication services are calling emergency numbers of police, fire rescue, and medical emergency agencies.

2. Emergency numbers are determined in the telecommunication numbering planning, and the provision of emergency telecommunication services is carried out in accordance with the provisions of the Minister of Information and Communications.

3. A telecommunication enterprise shall have the following responsibilities:

a) To notify telecommunication service users and publish in the Public Telephone Directory the emergency numbers;

b) To ensure the accessibility of telecommunication service users to emergency numbers;

c) To provide free emergency telecommunication services to telecommunication telephone service users.

Article 26. Fixed telephone number lookup assistance service

1. Public telephone directory is a collection of information about the name, address, fixed telecommunication subscriber number, and related information of fixed telephone subscribers, stored in printed or electronic form issued and managed by telecommunications enterprises.

2. Telecommunications enterprises may include subscriber information in the Public Telephone Directory only after obtaining the consent of the telecommunications service user.

3. The fixed telephone number lookup assistance service is a service that assists telecommunications service users to look up fixed telephone subscriber numbers using the Public Telephone Directory.

4. Telecommunications enterprises shall be responsible for providing free of charge to fixed telephone service users the electronic version of the Public Telephone Directory as prescribed in Clause 1 of this Article.

Article 27. Telecommunication service malfunction reporting service

1. The telecommunication service malfunction reporting service is a service that provides users with the ability to report abnormal operation of telecommunication services managed by enterprises and request repair.

2. Telecommunications enterprises shall ensure the availability and provide free of charge the telecommunication service malfunction reporting service to telecommunication service users.

Section 3

PROVISION OF BASIC TELECOMMUNICATION SERVICES ON THE INTERNET AND DATA CENTER SERVICES, CLOUD COMPUTING SERVICES

AND DATA CENTER SERVICES, COMPUTING CLOUD SERVICES

CLOUD COMPUTING SERVICES

Article 28. Provision of basic telecommunication services on the Internet

1. Enterprises providing basic telecommunication services on the Internet have the following rights:

a) To invest in and operate basic telecommunication services on the Internet without limitation on the percentage of foreign investor shareholding, capital contribution, or contribution ratio in joint business contracts;

b) The rights stipulated in Points a, b, đ, e, and g of Clause 1 of Article 13, Clause 3 of Article 40, and Clause 2 of Article 62 of this Law.

2. Enterprises providing basic telecommunication services on the Internet have the following obligations:

a) To register and announce the provision of telecommunication services in accordance with Article 41 of this Law;

b) To comply with the provisions of Clauses 1, 2, 3, 4, and 6 of Article 5, Article 6, Article 9, Points b, c, d, g, l, and n of Clause 2 of Article 13, Clauses 1, 3, and 4 of Article 20, Article 22, Clauses 1 and 3 of Article 23, and Clause 2 of Article 40 of this Law;

c) To comply with the provisions of Article 58, Clause 3 of Article 59, Article 60, Clauses 1 and 3 of Article 62 of this Law when providing paid services to users;

d) To store and manage user information provided at the time of contract conclusion for the provision and use of telecommunication services in accordance with the Government's regulations;

đ) In cases where it is necessary to access features on the user's terminal device to provide services, the enterprise providing basic telecommunication services on the Internet must inform the user of the necessity and obtain the user's consent before accessing;

e) To publish the quality of the services they provide if they own network infrastructure or have agreements with enterprises owning network infrastructure; to publish the quality of their services dependent on the quality of networks and telecommunication services managed and provided by other telecommunication enterprises if they do not own network infrastructure and have no agreements with enterprises owning network infrastructure.

3. The Government shall specify in detail the rights and obligations of foreign organizations providing basic telecommunication services on the Internet to users within Vietnam's territory based on the principles of respecting independence, sovereignty, equality, ensuring information security, and common commitments in international treaties to which the Socialist Republic of Vietnam is a party.

Article 29. Provision and use of data center services, cloud computing services

1. Enterprises providing data center services, cloud computing services shall have the following rights:

a) To invest in and operate data center services, cloud computing services without limitation on the proportion of foreign investor's shareholding, capital contribution, or contribution ratio in joint business contracts;

b) The rights prescribed in points a, b, đ, e, and g Clause 1 Article 13, Clause 3 Article 40, Clause 2 Article 62, Clause 2 Article 64 of this Law;

c) Not to be liable for the content of information of service users during the processing, storage, and retrieval of information, except where otherwise provided by other laws;

2. Enterprises providing data center services, cloud computing services shall have the following obligations:

a) To register and announce the provision of telecommunication services in accordance with Article 41 of this Law;

b) To comply with laws on cybersecurity, network security, personal data protection, and other relevant legal provisions;

c) To implement the provisions set out in Clauses 1, 2, 3, 4, and 6 Article 5, Article 6, Clause 3 Article 8, Article 9, points b, c, d, and n Clause 2 Article 13, Clauses 1, 3, and 4 Article 20, Article 22, Clauses 1 and 3 Article 23, Clause 2 Article 40, Clause 3 Article 55, Article 58, Clause 3 Article 59, Article 60, Clauses 1 and 3 Article 62 of this Law;

d) To ensure that telecommunications enterprises can connect and provide services to users of data center services;

đ) Not to access, exploit, or use data of service users processed, stored, and retrieved through the enterprise’s service without the user's consent;

e) To promptly take necessary measures to prevent unauthorized access to information at the request of competent state authorities as prescribed by law;

g) Not to monitor or supervise information of service users, except when required by competent state authorities as prescribed by law;

h) To implement the storage and management of information of service users provided when concluding contracts for the provision and use of telecommunications services according to the regulations of the Government;

i) To announce the quality of services they provide;

3. Before putting data centers into operation for the provision of data center services, cloud computing services to the public, enterprises must announce their compliance with technical standards and specifications as prescribed by the Minister of Information and Communications;

4. The use of data center services, cloud computing services by enterprises in the activities of various sectors and fields must comply with the provisions of this Law and other relevant legal provisions;

5. The Government shall specify the details of the following matters:

a) The rights and obligations of foreign organizations providing data center services, cloud computing services across borders to service users in Vietnam based on the principles of respecting independence, sovereignty, equality, ensuring information security and safety, and common commitments in international treaties to which the Socialist Republic of Vietnam is a member;

b) The provision and use of data center services, cloud computing services in the activities of state agencies;

Chapter III

TELECOMMUNICATIONS UTILITY

Article 30. Public Telecommunications Services Activities

1. Public telecommunications services activities refer to the support for providing and using public telecommunications services and terminal equipment, contributing to economic and social development.

2. Public telecommunications services include:

a) Universal telecommunications service is a telecommunications service provided to all citizens according to the list, area, region, conditions, quality, and service price prescribed by the State.

b) Compulsory telecommunications service is a telecommunications service provided upon the State's request to ensure communication in emergency situations as stipulated by law.

3. Public telecommunications services activities shall be carried out based on the following principles:

a) Universalizing telecommunications services, prioritizing border areas, mountainous regions, highland areas, coastal areas, islands, ethnic minority areas, areas with particularly difficult socio-economic conditions, and areas that are unlikely to achieve profitable business operations under market mechanisms.

b) Ensuring equal and reasonable access to services for all citizens; prioritizing support for the use of public telecommunications services and terminal equipment for poor households, near-poor households, social policy families, and other special social policy beneficiaries.

4. The funding for public telecommunications services activities is guaranteed from the Vietnam Public Telecommunications Service Fund.

Article 31. Vietnam Public Telecommunications Service Fund

1. The Vietnam Public Telecommunications Service Fund is a state financial fund outside the budget managed by the Ministry of Information and Communications to implement the State’s policies on public telecommunications services activities.

2. The Vietnam Public Telecommunications Service Fund operates based on the following principles:

a) Non-profit operation, transparency, compliance with the purpose, and consistency with this Law and other relevant laws;

b) Implementing revenue and expenditure, accounting, settlement, and financial asset disclosure in accordance with the law;

c) Ensuring balance between revenue plans and expenditure tasks and the disbursement progress for public telecommunications services activities;

d) Being subject to inspection, audit, and review by competent state agencies regarding the activities of the Vietnam Public Telecommunications Service Fund.

3. The Vietnam Public Telecommunications Service Fund may be used for the following purposes:

a) Supporting the provision of public telecommunications services to offset costs for telecommunications enterprises developing, upgrading, and maintaining telecommunications infrastructure in border areas, mountainous regions, highland areas, coastal areas, islands, ethnic minority areas, areas with particularly difficult socio-economic conditions, and areas unlikely to achieve profitable business operations under market mechanisms; combining border protection and maritime and island sovereignty protection;

b) Supporting the use of public telecommunications services;

c) Supporting terminal equipment;

d) Managing public telecommunications services activities assigned to the Vietnam Public Telecommunications Service Fund;

e) Operating expenses of the Vietnam Public Telecommunications Service Fund.

4. The Vietnam Public Telecommunications Service Fund is formed from the following sources:

a) Contributions based on the telecommunications service revenue ratio of telecommunications enterprises;

b) Other legitimate financial sources outside the state budget.

5. The Prime Minister decides on the establishment, organizational structure, operation, funding sources, and the use of funding for the operating expenses of the Vietnam Public Telecommunications Service Fund.

Article 32. Management of Public Telecommunications Activities

1. Public telecommunications activities shall be carried out as follows:

a) Supporting telecommunications enterprises to provide public telecommunications services through assignment tasks, placing orders, or bidding;

b) Supporting the use of public telecommunications services for beneficiaries through telecommunications enterprises through assignment tasks, placing orders, or direct support to service users;

c) Providing terminal equipment to beneficiaries through enterprises by means of bidding, assignment tasks, or direct support to beneficiaries.

2. The Government shall specify details of Clause 1 of this Article and the financial mechanism for implementing public telecommunications activities, including the maximum contribution rate, exempted and reduced contributors to the Vietnam Universal Service Fund; management and use of the Vietnam Universal Service Fund for public telecommunications activities; the duration of support for providing and using public telecommunications services to ensure stability and continuity through public telecommunications service provision programs.

3. The Prime Minister shall decide on the public telecommunications service provision program suitable with the information infrastructure planning and socio-economic development situation at each period, including the list of public telecommunications services, areas, regions, beneficiaries, implementation methods of public telecommunications activities, the contribution level of telecommunications enterprises to the Vietnam Universal Service Fund, and implementation solutions of the program.

4. The Ministry of Information and Communications shall have the following responsibilities:

a) Taking the lead in coordinating with the Ministry of Finance, the Ministry of Planning and Investment, relevant ministries and sectors, and provincial People's Committees in drafting and submitting;

b) Taking the lead in coordinating with the Ministry of Finance, the Ministry of Planning and Investment, and relevant agencies in guiding the implementation of the public telecommunications service provision program;

c) Issuing public telecommunications service prices as stipulated in Article 59 of this Law;

d) Organizing, managing, and inspecting the implementation of public telecommunications activities.

5. Provincial People's Committees shall have the following responsibilities:

a) Coordinating with the Ministry of Information and Communications to propose supported areas for public telecommunications service provision, beneficiary lists for public telecommunications service usage support, and terminal equipment at localities;

b) Implementing the public telecommunications service provision program according to assigned tasks;

c) Coordinating inspections of public telecommunications activities at localities.

Chapter IV

TELECOMMUNICATION LICENSES

Article 33. Telecommunication Licenses

1. Telecommunication licenses include telecommunication business operation licenses and telecommunication business activity licenses.

2. Telecommunication business operation licenses include:

a) A license for providing telecommunications services with network infrastructure with a term not exceeding fifteen years issued to enterprises providing services with network infrastructure;

b) A license for providing telecommunications services without network infrastructure with a term not exceeding ten years issued to enterprises providing services without network infrastructure.

3. Telecommunication business activity licenses include:

a) A license for laying submarine telecommunications cables with a term not exceeding twenty-five years issued to organizations laying submarine telecommunications cables that land or pass through Vietnamese waters;

b) A license for establishing private-use telecommunications networks with a term not exceeding ten years issued to organizations establishing private-use telecommunications networks;

c) A trial network and telecommunications service testing license with a term not exceeding two years issued to telecommunications enterprises testing networks and telecommunications services;

d) A license for establishing telecommunications networks with a term not exceeding ten years issued to national radio stations and national television stations under the Government to perform informational and propaganda functions regarding Party policies and State laws, without profit-making objectives.

4. The Minister of Information and Communications shall implement the issuance, renewal, reissuance, amendment, supplementation, revocation of telecommunication licenses, and requirements to terminate telecommunications service provision activities.

5. The Government shall specify detailed conditions, procedures for issuing, renewing, reissuing, amending, supplementing, revoking various types of telecommunication licenses, and mandatory termination of telecommunications service provision activities.

Article 34. Principles for Issuing Telecommunications Licenses

1. In accordance with the planning of information and communication infrastructure.

2. Priority shall be given to issuing telecommunications licenses to projects that can be implemented quickly, commit to providing long-term services to a large number of telecommunications service users; projects providing telecommunications services to border areas, mountainous regions, highlands, coastal areas, islands, ethnic minority areas, and areas with particularly difficult socio-economic conditions.

3. In cases where issuing telecommunications licenses involves the use of telecommunications resources, such licenses may only be issued if the allocation of telecommunications resources is feasible, in accordance with approved radio frequency planning, telecommunications numbering planning, Internet resource planning, and ensuring efficient use of telecommunications resources.

Article 35. Forms of Issuing Telecommunications Licenses

1. Individual licensing is a form of issuing telecommunications licenses based on setting specific conditions and obligations for enterprises in the following cases:

a) A license to provide telecommunications services using a network infrastructure utilizing radio frequencies is issued through auctioning, competitive bidding for the right to use radio frequencies, or reissuance of frequency band usage permits.

b) A license to provide telecommunications services using a network infrastructure in areas with special requirements as prescribed by the Government.

2. Group licensing is a form of issuing telecommunications licenses based on meeting general conditions and obligations for organizations and enterprises in the following cases:

a) A license to provide telecommunications services using a network infrastructure, except in the case specified in Clause 1 of this Article.

b) A license to provide telecommunications services without a network infrastructure, except in cases requiring registration and notification procedures for telecommunications services as stipulated in Clause 1 and Clause 2 of Article 41 of this Law.

c) A business operation license for telecommunications.

Article 36. Conditions for Issuing Telecommunications Business Licenses

1. The telecommunications license specified in Point a, Clause 1, Article 35 of this Law shall be granted to enterprises when they meet the following conditions:

a) Having a business registration certificate or investment registration certificate.

b) Having a minimum charter capital as prescribed by the Government.

c) Not currently undergoing liquidation or bankruptcy according to the decision of the competent state agency.

d) Having technical and business plans consistent with the planning of information and communication infrastructure, regulations of this Law regarding telecommunications resources, interconnection, service prices, technical standards and specifications, quality of telecommunications services, ensuring the safety of telecommunications infrastructure, protecting the rights and legitimate interests of telecommunications service users, and other relevant legal provisions.

đ) Ensuring commitments to deploy telecommunications networks for frequency bands and radio frequency channels obtained through auctions or competitive bidding, or for frequency bands being reissued.

e) Winning the auction or competitive bidding for the right to use radio frequencies or meeting the conditions for reissuance of frequency band usage permits.

2. The telecommunications license specified in Point a, Clause 2, Article 35 of this Law shall be granted to enterprises when they meet the following conditions:

a) The conditions specified in Points a, b, c, and d of Clause 1 of this Article.

b) Network deployment conditions as prescribed by the Government.

3. The telecommunications license specified in Point b, Clause 2, Article 35 of this Law shall be granted to enterprises when they meet the conditions specified in Points a, c, and d of Clause 1 of this Article.

Article 37. Telecommunications Conditions for Participation in Auctions and Competitions for Frequency Usage Rights

A business entity shall be deemed to meet the telecommunications conditions to participate in auctions and competitions for frequency usage rights when it satisfies the conditions stipulated in Points a, b, c, d, and đ of Clause 1, Article 36 of this Law and has fulfilled its financial obligations under the law regarding telecommunications.

Article 38. Conditions for Issuing Telecommunications Business Licenses

1. The license for laying submarine telecommunications cables shall be issued to domestic organizations and foreign organizations when they meet the following conditions:

a) Commitment to comply with Vietnamese laws;

b) Commitment not to cause marine environmental pollution;

c) Commitment not to engage in activities other than surveying, laying, maintenance, repair, and recovery of submarine telecommunications cables;

d) Having a cable-laying project on the sea that is consistent with the information infrastructure planning and communication regulations, national defense and security regulations, environmental protection regulations, and other relevant legal provisions;

đ) Commitment to accept inspection, supervision, and guidance from competent state agencies during surveys, laying, maintenance, repair, and recovery of submarine cables within Vietnam's territorial waters and bear all costs associated with such inspections, supervision, and guidance.

2. The license for establishing private telecommunications networks shall be issued to organizations when they meet the following conditions:

a) Commitment to establish a private telecommunications network solely for providing services to members of the network without profit-making purposes;

b) Having technical and operational plans that are consistent with the information infrastructure planning and communication regulations, this Law’s provisions on telecommunications resources, interconnection, telecommunications technical standards, and specifications;

c) Having measures to ensure the safety of telecommunications infrastructure, network security, and cybersecurity.

3. The trial network and service license for telecommunications businesses shall be issued when they meet the following conditions:

a) The proposed trial service is a telecommunications service not covered in the existing telecommunications license or uses telecommunications resources beyond the allocated scope;

b) The scope and scale of the trial are limited to assess technology and market conditions before formal operation;

c) The trial plan complies with legal provisions on interconnection, service pricing, telecommunications technical standards, and specifications.

4. The license for establishing a telecommunications network as stipulated in Point d, Clause 3, Article 33 of this Law shall be issued to organizations when they meet the following conditions:

a) Commitment to establish a telecommunications network solely for non-profit service provision;

b) Having technical plans that are consistent with the information infrastructure planning and communication regulations, this Law’s provisions on telecommunications resources, interconnection, technical standards and specifications, quality of telecommunications services, ensuring the safety of telecommunications infrastructure, protecting the legitimate rights and interests of telecommunications service users, and other relevant legal provisions.

Article 39. Extension, Reissue, Amendment, and Supplement of Telecommunications Licenses

1. Prior to the expiration date of the telecommunications license, organizations and businesses holding telecommunications licenses have the right to request an extension or reissue of the telecommunications license. During the validity period of the license, organizations and businesses holding the telecommunications license must complete procedures to amend or supplement the license when there is a change in the content of the license.

2. The process of extending telecommunications licenses shall be carried out according to the following principles:

a) Organizations and businesses comply with the provisions in the telecommunications license being extended and the telecommunications laws;

b) The total duration of the initial issuance and subsequent extensions of the telecommunications license shall not exceed the maximum duration prescribed for that type of license; if the initial issuance period of the license equals the maximum duration prescribed for that type of license, upon expiration of the license, an extension may only be considered for up to one year. The Government will provide detailed regulations on cases where an extension can be granted when the issued license has a term equal to the maximum prescribed term.

3. The reissuance of telecommunications licenses for organizations and businesses shall be carried out when they meet the conditions stipulated in Articles 36 and 38 of this Law, taking into account the implementation of the contents specified in the previously issued telecommunications license and the interests of telecommunications service users.

4. Amendments and supplements to telecommunications licenses during their validity period shall be carried out as follows:

a) At the request of the organization or business holding the license or at the request of the Ministry of Information and Communications;

b) Based on the licensing conditions stipulated in Articles 36 and 38 of this Law corresponding to the content of the requested amendment or supplement to the license.

Article 40. Revocation of Telecommunications Licenses and Compulsory Termination of Telecommunications Service Provision Activities

1. An organization or enterprise shall have its telecommunications license revoked if it falls under any of the following circumstances:

a) It commits acts as prescribed in Clause 1 of Article 9 of this Law;

b) It engages in fraudulent behavior or provides false information to obtain a telecommunications license;

c) It fails to comply with the contents of the issued telecommunications license and causes serious consequences affecting the legitimate rights and interests of other organizations or individuals;

d) It does not fully implement the commitments made regarding the deployment of telecommunications networks or does not provide telecommunications services to the market within two years from the date of issuance of the license, except in cases of force majeure or as provided for in point g of this clause;

đ) It ceases to operate telecommunications services according to the issued telecommunications license for a continuous period of one year without notifying the Ministry of Information and Communications;

e) It voluntarily returns the telecommunications service business license;

g) It has all radio frequency resources granted under the telecommunications service business license as prescribed in point a of Clause 1 of Article 35 of this Law revoked, and within twelve months from the date when the right to use the radio frequencies was revoked, it does not amend, supplement, or reissue the telecommunications service business license;

h) It fails to pay the full telecommunications operation fee within twelve months from the expiration date specified in the legal regulations on fees and charges as notified by the licensing authority;

2. A telecommunications service provider that operates under the registration and notification procedures prescribed in Article 41 of this Law must terminate its service provision activities if it falls under any of the following circumstances:

a) It commits acts as prescribed in Clause 1 of Article 9 of this Law;

b) It falls under the circumstances prescribed in point h of Clause 1 of this Article;

c) It does not meet the conditions for providing telecommunications services as stipulated for registered services;

d) It ceases to operate telecommunications services for a continuous period of one year without notifying the Ministry of Information and Communications;

3. After a period of one year from the date of license revocation or compulsory termination, an organization or enterprise falling under the circumstances prescribed in points b, c, d, đ, e, g, and h of Clause 1 and points b, c, and d of Clause 2 of this Article may submit an application for a telecommunications license or register and notify the provision of telecommunications services;

4. An organization or enterprise whose license is revoked under the circumstances prescribed in point a of Clause 1 of this Article or which is compelled to terminate telecommunications service provision activities under the circumstances prescribed in point a of Clause 2 of this Article shall not be considered for the issuance of a telecommunications license or the provision of services as stipulated in Article 41 of this Law;

Article 41. Registration and Notification for Providing Telecommunications Services

1. Registration for providing telecommunications services is the process whereby an enterprise must declare information about the enterprise, the type of telecommunications services provided, and compliance with the conditions for providing telecommunications services as prescribed by the Government;

2. Notification for providing telecommunications services is the process whereby an enterprise declares information about the enterprise, the type of telecommunications services provided, and related information on the quality of services provided by the enterprise;

3. The Government shall specify in detail the list of telecommunications services subject to registration and notification procedures for providing telecommunications services; the conditions for providing telecommunications services for registration; and the procedures for registering and notifying the provision of telecommunications services.

Article 42. Exemption from Telecommunications Licenses, Registration, and Notification for Provision of Telecommunications Services

Organizations and individuals engaged in telecommunications activities are exempted from telecommunications licenses, registration, and notification for provision of telecommunications services in the following cases:

1. Trading in telecommunications goods;

2. Providing telecommunications services in the form of telecommunications service agency;

3. Leasing transmission lines to provide telecommunications application services;

4. Private telecommunications networks where network members under the same organization do not independently establish telecommunications transmission lines.

Article 43. Fees for the Right to Operate Telecommunications

1. The fee for the right to operate telecommunications is the amount of money that organizations and enterprises engaged in telecommunications activities pay to the State to obtain the right to establish networks and provide telecommunications services. The fee for the right to operate telecommunications is determined based on the scope and scale of the telecommunications network, telecommunications service revenue; the quantity and value of allocated telecommunications resources; the extent of use of airspace, land surface, underground space, riverbeds, seabeds for establishing telecommunications networks and constructing telecommunications works.

2. Organizations and enterprises have the responsibility to pay the fee for the right to operate telecommunications in one of the following forms:

a) Pay annually at a fixed rate;

b) Pay once at a fixed rate for the entire duration of the telecommunications license.

Chapter V

CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE

Article 44. Principles of Telecommunications Network Connection

1. Telecommunications enterprises have the right to connect their telecommunications networks with those of other telecommunications enterprises; they have the obligation to allow other telecommunications enterprises to connect to their networks and telecommunications services.

2. The connection of telecommunications networks and services shall be carried out according to the following principles:

a) Through negotiation based on ensuring fairness, reasonableness, and compatibility with the rights and interests of participating parties;

b) Efficient use of telecommunications resources and telecommunications infrastructure;

c) Ensuring technical requirements for telecommunications network connection and the safety and uniformity of telecommunications networks;

d) Ensuring the legitimate rights and interests of telecommunications service users and related organizations and individuals.

Article 45. Connection of Public Telecommunications Networks

1. Enterprises providing services with network infrastructure when connecting public telecommunications networks have the following responsibilities:

a) Provide connection at any technically feasible point on the public telecommunications network;

b) Ensure timely, reasonable, transparent, and open connection;

c) Not discriminate in service prices, telecommunications technical standards and specifications, network and telecommunications service quality.

2. Telecommunications enterprises holding essential means when connecting public telecommunications networks have the following responsibilities:

a) Facilitate negotiations and implementation of connections by other telecommunications enterprises;

b) Develop, register with the competent state management agency for telecommunications, and publicly announce a model interconnection agreement;

c) Implement the provisions of Clause 1 of this Article.

3. Telecommunications interconnection service prices are established based on cost factors, reasonably separated according to network components or service stages, without discrimination among different types of services.

4. The Minister of Information and Communications shall stipulate criteria for determining and announcing a list of telecommunications enterprises holding essential means during each period; stipulate the connection of public telecommunications networks, negotiate and resolve disputes over interconnection between telecommunications enterprises.

Article 46. Connection of Private Telecommunication Networks

1. A private telecommunication network may be connected to a public telecommunication network on the basis of ensuring technical standards and specifications of the public telecommunication network and complying with the provisions of this Law regarding the connection of public telecommunication networks.

2. The connection between a private telecommunication network and a public telecommunication network shall be carried out through a written connection contract between the telecommunication enterprise and the organization having a private telecommunication network.

3. Private telecommunication networks shall not be directly interconnected except with the written consent of the Ministry of Information and Communications.

Article 47. Sharing of Telecommunication Infrastructure

1. Sharing of telecommunication infrastructure means the joint use of a part of the network, works, and equipment in telecommunication under the following circumstances:

a) Sharing of telecommunication infrastructure among telecommunication enterprises to ensure the establishment of telecommunication networks and the provision of telecommunication services effectively, conveniently, and promptly, or to meet requirements for landscape, environment, and related planning; serving public telecommunication activities, search and rescue operations, disaster prevention and mitigation, firefighting, other disasters, and disease prevention and control;

b) Sharing of telecommunication infrastructure between telecommunication enterprises and agencies, organizations directly serving national defense and security to meet requirements for the implementation of national defense and security tasks, search and rescue operations, disaster prevention and mitigation, firefighting, other disasters, and disease prevention and control.

2. The sharing of telecommunication infrastructure shall be carried out through contracts based on ensuring the legitimate rights and interests of the parties involved.

3. In cases where the parties cannot agree on the price for sharing telecommunication infrastructure, they shall negotiate according to the provisions of the law on prices. In cases where the parties cannot reach an agreement on other matters concerning the sharing of telecommunication infrastructure, the competent state agency shall decide.

4. The Government shall provide detailed regulations on the sharing of telecommunication infrastructure.

Chapter VI

TELECOMMUNICATION RESOURCES

Article 48. Management of Telecommunication Resources

1. Management of telecommunication resources includes planning, allocation, issuance, registration, assignment, use, transfer of usage rights, recovery of usage rights, return of telecommunication resources; resolving disputes over the registration and use of the national domain name ".vn".

2. The management of radio frequencies and satellite orbits in telecommunication activities shall be carried out in accordance with the provisions of this Law and the provisions of the law on radio frequencies.

3. The management of telecommunication resources shall be carried out in accordance with the following principles:

a) Consistent with the planning of information and communication infrastructure;

b) Ensuring optimal establishment of networks and provision of telecommunication services;

c) Ensuring fairness, transparency, and openness in the allocation and issuance of telecommunication resources;

d) Ensuring efficient, economical, and purposeful use of telecommunication resources;

e) Ensuring the legitimate rights and interests of organizations and individuals allocated and issued telecommunication resources and users of telecommunication services.

4. The Government shall provide detailed regulations on the management of telecommunication number resources, Internet resources; compensation when the State recovers telecommunication number resources, Internet resources; conditions for operation, rights, and obligations of organizations and enterprises providing domain registration and maintenance services.

Article 49. Telecommunication Number Planning, Internet Resource Planning

1. Telecommunication number planning and Internet resource planning shall be carried out in accordance with the following principles:

a) Consistent with the planning of information and communication infrastructure;

b) Ensuring the update of new technology, consistent with the trend of technological convergence, services, and the development trend of new generation telecommunications and Internet;

c) Ensuring optimal network establishment and provision of telecommunication services;

d) Ensuring efficient, economical, and purposeful use of telecommunication numbers and Internet resources;

đ) Ensuring the availability of telecommunication numbers and Internet resources to serve public interests, national defense, and security;

e) Being consistent with the regulations on telecommunication numbers and Internet resources of international organizations to which the Socialist Republic of Vietnam is a member;

g) Ensuring the rights and legitimate interests of organizations and individuals using telecommunication codes and numbers, Internet resources.

2. The Minister of Information and Communications shall stipulate the content and procedures for approving telecommunication number planning and Internet resource planning and implement such approval procedures.

Article 50. Allocation, Issuance, Use, Registration, Return of Telecommunication Codes and Numbers, Internet Resources

1. The allocation, issuance, registration, and use of telecommunication codes and numbers, Internet resources shall be carried out in accordance with the following principles:

a) Consistent with telecommunication number planning and Internet resource planning;

b) Ensuring fairness, transparency, and openness in the allocation and issuance of telecommunication codes and numbers, Internet resources;

c) Ensuring efficient, economical, and purposeful use of allocated and issued telecommunication codes and numbers, Internet resources;

d) Prioritizing the allocation and issuance of Vietnamese telecommunication codes and numbers, Internet resources to provide telecommunication services and telecommunication application services in border areas, mountainous regions, highlands, coastal areas, islands, ethnic minority regions, and regions with particularly difficult socio-economic conditions; serving public-interest telecommunication activities and other public-interest activities;

đ) Prioritizing the allocation and issuance of Vietnamese telecommunication codes and numbers to organizations capable of applying new technologies and advanced technologies, meeting the requirements of technological convergence, and services;

2. The allocation of telecommunication codes shall be carried out through one of the following methods:

a) Auctioning the right to use telecommunication codes and numbers for mobile terrestrial communication network codes used for person-to-person communication methods (hereinafter referred to as mobile H2H network codes), mobile H2H telephone numbers used for terrestrial mobile communication services implementing person-to-person communication methods (hereinafter referred to as mobile H2H telephone numbers), short message service numbers, information query service numbers;

b) Direct allocation of telecommunication codes and numbers specified in point đ clause 1 of this Article, and telecommunication codes and numbers not covered by point a of this clause. Direct allocation shall be carried out according to the principle that organizations and enterprises registering first will be considered for allocation first.

3. The allocation of Vietnamese Internet resources shall be carried out through one of the following methods:

a) Auctioning the right to use second-level country domain names ".vn" consisting of one or two characters, except protected domains and common-use domains as prescribed by the Minister of Information and Communications;

b) Direct issuance of second-level country domain names ".vn", except those auctioned under point a of this clause; Internet addresses, network identifiers to organizations and individuals for service use. Direct issuance shall be carried out according to the principle that organizations and individuals registering first will be considered for issuance first;

c) Direct allocation of Internet addresses, network identifiers to enterprises for providing telecommunication services according to the principle that enterprises registering first will be considered for allocation first.

4. The auctioning of the right to use telecommunication codes and numbers shall be carried out as follows:

a) Telecommunication codes and numbers specified in point a clause 2 of this Article shall be listed online on the market for organizations and individuals to select codes and numbers for auction;

b) In cases where telecommunication codes and numbers listed online on the market have exceeded the time limit prescribed by law without any organization or individual selecting them for auction, they shall be allocated sequentially and directly to organizations and enterprises requesting allocation as prescribed in point b clause 2 of this Article;

c) The starting price for auctioning mobile H2H telephone numbers shall be determined by the average gross domestic product (GDP) per capita at current prices of the year immediately preceding the auction date as announced by the General Statistics Office, calculated for one day;

d) The starting price for auctioning mobile H2H network codes, short message service numbers, information query service numbers shall be determined by the annual usage fee of those codes and numbers. In cases where mobile H2H network codes, short message service numbers, information query service numbers not covered by point a of this clause are requested for auction by organizations and enterprises, the starting price for auctioning shall be the five-year usage fee of those codes and numbers;

đ) The Ministry of Information and Communications shall approve the results of the auction of telecommunication codes and numbers. Telecommunication service providers shall be responsible for completing the necessary procedures for the successful bidder to use telecommunication services associated with the mobile H2H telephone numbers won in the auction;

e) Mobile H2H network codes, mobile H2H telephone numbers, short message service numbers, information query service numbers that fail to sell twice in auctions shall be directly allocated to organizations and enterprises as prescribed in point b clause 2 of this Article. Organizations and enterprises shall be responsible for paying the issuance fee equivalent to the annual usage fee of those codes and numbers and paying the telecommunication code and number usage fee as prescribed by laws on fees and charges.

5. The auctioning of the right to use Vietnamese country domain names ".vn" shall be carried out as follows:

a) The starting price for Vietnamese country domain names ".vn" shall be determined by the annual maintenance fee of those domain names;

b) The Ministry of Information and Communications shall approve the results of the auction of the right to use Vietnamese country domain names ".vn". Organizations and individuals shall be responsible for completing the registration procedures for the domain names won in the auction;

c) Vietnamese country domain names ".vn" that fail to sell twice in auctions shall be directly issued as prescribed in point b clause 3 of this Article.

6. The form, method, procedure, and process for auctioning telecommunications codes, numbers, and national domain names ".vn" of Vietnam shall be carried out in accordance with the provisions of the law on asset auctions.

7. The acceptance, processing of requests to register and maintain national domain names ".vn" of organizations and individuals shall be conducted through organizations and enterprises participating in providing registration and maintenance services for domain names.

8. Telecommunications enterprises, upon expiration of their telecommunications licenses and upon reissuance or extension of such licenses, shall continue to exploit and use telecommunications codes and numbers allocated to them in accordance with the provisions of this Law regarding the management and use of telecommunications number resources.

9. Organizations and individuals allocated or granted telecommunications codes and numbers, internet resources have the following rights and responsibilities:

a) To use, lease, transfer, or reissue telecommunications codes and numbers, internet resources allocated or granted to them in accordance with the purpose, scope, and target objects specified in the decision allocating or granting telecommunications codes and numbers, internet resources and the regulations on the management and use of telecommunications number resources, internet resources;

b) To gift, donate, contribute capital, or inherit the right to use national domain names ".vn" of Vietnam in accordance with the provisions of civil law and other relevant laws;

c) To periodically or upon request report to the Ministry of Information and Communications on the situation of using allocated or granted telecommunications codes and numbers, internet resources;

d) To pay usage fees for telecommunications codes and numbers; maintenance fees for internet resource usage; allocation fees for telecommunications number resources, allocation and issuance fees for internet resources; licensing fees for the use of allocated or granted telecommunications number resources, internet resources obtained through auctions. Individuals who win the auction for mobile H2H subscriber numbers are exempt from telecommunications code and number usage fees;

đ) Organizations and individuals no longer requiring telecommunications number resources, internet resources must return them to the telecommunications number resource management authority or the internet resource management unit.

10. The Government shall provide detailed regulations on Clause 4 and Clause 5 of this Article.

Article 51. Transfer of Rights to Use Vietnamese Telecommunications Codes and Internet Resources

1. Vietnamese telecommunications codes and internet resources whose rights to use may be transferred include:

a) Telecommunications codes allocated by the Ministry of Information and Communications to organizations and individuals through auctions as stipulated in Point a, Clause 2, Article 50 of this Law;

b) National domain names ".vn" of Vietnam, except those protected domains, common-use domains as prescribed by the Minister of Information and Communications, domains currently being processed for violations, or undergoing dispute resolution, complaint handling, or temporarily suspended domains.

2. The transfer of rights to use Vietnamese telecommunications codes and internet resources shall be carried out when the following conditions are met:

a) Organizations and individuals transferring rights to use Vietnamese telecommunications codes and internet resources must legally possess the right to use such codes and resources;

b) Organizations and individuals receiving the transfer of rights to use Vietnamese telecommunications codes and internet resources must be permitted to operate or meet the investment, exploitation, and usage conditions for such codes and resources.

3. Parties involved in the transfer of rights to use Vietnamese telecommunications codes and internet resources have the following responsibilities:

a) To pay taxes, fees, and charges upon transfer in accordance with the provisions of tax, fee, and charge laws;

b) To ensure the legitimate rights and interests of related organizations and individuals.

Article 52. Resolution of Disputes Regarding Registration and Use of the National Domain Name ".vn" of Vietnam

1. The resolution of disputes regarding registration and use of the national domain name ".vn" of Vietnam shall be carried out through mediation, arbitration, and court proceedings in accordance with the provisions of the law.

2. The grounds for resolving disputes regarding registration and use of the national domain name ".vn" include the following factors:

a) Domain names that are identical or similar enough to cause confusion with the names, trademarks, geographical indications, or trade names which the plaintiff has rights and legitimate interests in.

b) Rights and legitimate interests related to domain names of the disputing parties.

c) The defendant has used the domain name with malicious intent, taking advantage of the reputation and goodwill of the trademark, trade name, or geographical indication which the plaintiff has rights and legitimate interests in, in order to gain improper benefits.

3. When requesting the resolution of disputes regarding registration and use of the national domain name ".vn", the plaintiff must provide evidence to prove the factors stipulated in Clause 2 of this Article.

4. The Government shall specify detailed regulations on Clause 2 of this Article.

Article 53. Recovery of Telecommunication Codes and Numbers, Internet Resources

1. The recovery of telecommunication codes and numbers, Internet resources is the act of the competent state agency deciding to reclaim the right to use telecommunication codes and numbers, Internet resources that have been allocated and granted to organizations and individuals.

2. The recovery of telecommunication codes and numbers, Internet resources shall be carried out in the following cases:

a) Recovery to use Vietnamese telecommunication codes and numbers, Internet resources for public interest, national defense, and security purposes.

b) The purpose and object of using Vietnamese telecommunication codes and numbers, Internet resources are no longer consistent with the telecommunication numbering plan and the Internet resource plan.

c) Failure to pay the full allocation fee for telecommunication numbers, telecommunication code usage fees, and failure to rectify the situation within six months from the date the payment deadline expires as stipulated in the law on fees and charges, according to the notification of the competent state management agency on telecommunications.

d) Failure to pay the Internet resource usage maintenance fee within thirty days from the due date as notified by the Internet resource management unit.

đ) At the request of the competent state agency when telecommunication codes and numbers, Internet resources are used to carry out acts prescribed in Article 9 of this Law or other violations of the law.

3. Organizations and individuals subject to the recovery of telecommunication codes and numbers, Internet resources as stipulated in Clause 2 of this Article must cease using telecommunication codes and numbers, Internet resources in accordance with the decision on the recovery of telecommunication codes and numbers, Internet resources.

4. The State shall compensate organizations and individuals subject to the recovery of telecommunication codes and numbers, Internet resources as stipulated in points a and b of Clause 2 of this Article according to the following provisions:

a) For telecommunication codes and numbers, Internet resources directly allocated and granted, the level of compensation shall be determined based on the usage fee for telecommunication codes and numbers, and the Internet resource maintenance fee as stipulated in the law on fees and charges.

b) For telecommunication codes and numbers, Internet resources allocated and granted through auction bidding for usage rights, the level of compensation shall be equal to the winning bid amount.

Chapter VII

MANAGEMENT OF STANDARDS, TECHNICAL REGULATIONS,

QUALITY AND SERVICE PRICES FOR TELECOMMUNICATIONS

Article 54. Telecommunications Technical Standards and Regulations

1. The telecommunications standards system includes international standards, regional standards, foreign standards, national standards, and basic standards for telecommunications equipment, telecommunications connections, telecommunications works, network quality, and telecommunications services published and applied in Vietnam in accordance with the laws on technical standards and regulations, product and commodity quality.

2. The telecommunications technical regulations system includes national technical regulations for telecommunications equipment, telecommunications connections, telecommunications works, network quality, and telecommunications services established and issued in accordance with the laws on technical standards and regulations, product and commodity quality.

Article 55. Management of Telecommunications Technical Standards and Regulations, Network Quality, and Telecommunications Services

1. Organizations and individuals must carry out conformity certification, announce conformity, and use the conformity mark before putting telecommunications terminal equipment listed in the catalog of telecommunications equipment that may cause safety risks into circulation in the market or connecting them to public telecommunications networks.

2. Telecommunications enterprises must conduct inspections before putting telecommunications network equipment listed in the catalog of telecommunications equipment subject to mandatory inspection into operation.

3. Telecommunications enterprises are responsible for announcing, inspecting, and controlling the quality of telecommunications networks and services listed in the catalog of telecommunications networks and services subject to mandatory quality management.

4. Mutual recognition of conformity assessment results with respect to telecommunications technical standards and regulations between Vietnam and other countries or territories shall be carried out in accordance with international treaties to which the Socialist Republic of Vietnam is a member; mutual recognition between conformity assessment organizations in Vietnam and those in other countries or territories shall be conducted according to agreements between the parties.

5. The establishment, review, and announcement of national standards on telecommunications shall be carried out in accordance with the laws on technical standards and regulations.

6. The Ministry of Information and Communications shall have the following responsibilities:

a) Issuing national technical regulations on telecommunications, specifying conformity assessment procedures for telecommunications equipment, networks, and services;

b) Establishing rules for managing the quality of telecommunications networks and services;

c) Publishing lists of telecommunications equipment that may cause safety risks, lists of telecommunications equipment subject to mandatory inspection, and lists of telecommunications networks and services subject to mandatory quality management;

d) Designating and managing the activities of conformity assessment organizations serving state management requirements for the quality of telecommunications products and commodities, telecommunications networks, and telecommunications services.

7. State management agencies for telecommunications and specialized telecommunications agencies under provincial People's Committees shall conduct inspections and checks on the quality of telecommunications equipment, networks, and services, as well as the quality of telecommunications products and commodities within their jurisdiction in accordance with the regulations of the sectoral management ministries.

Article 56. Telecommunications Service Prices

1. Telecommunications service prices include prices applicable to telecommunications service users and prices between telecommunications enterprises.

2. Telecommunications service prices applicable to telecommunications service users are the prices paid by users to telecommunications enterprises when using telecommunications services provided by such enterprises.

3. Prices between telecommunications enterprises include:

a) Wholesale service prices are the payment amounts between telecommunications enterprises when one enterprise purchases traffic, telecommunications services, or leases telecommunications networks from another enterprise to provide telecommunications services.

b) The price of telecommunication connection services is the payment made between telecommunications businesses when one business uses another business's network to terminate telecommunication services.

Article 57. Principles for Managing and Regulating Telecommunication Service Prices

1. Ensuring compensation for production and business costs of telecommunication services and the payment capacity of telecommunication service users for services listed in the State-Set Price Goods and Services Catalogue.

2. Balancing the interests of the State, the legitimate rights and interests of telecommunication enterprises, and telecommunication service users.

3. Reviewing price-forming factors to adjust telecommunication service prices when necessary. Adjustments to telecommunication service prices must be consistent with the pricing bases stipulated in Article 58 of this Law.

4. Respecting the right of telecommunication enterprises to self-price and compete on price for telecommunication services.

5. Being consistent with international treaties to which the Socialist Republic of Vietnam is a party.

6. Ensuring a fair competitive environment in telecommunication activities.

7. Equality and non-discrimination in managing and regulating telecommunication service prices.

8. Not using profits from operating one telecommunication service to support the operation of another telecommunication service of the same enterprise.

Article 58. Bases for Pricing Telecommunication Services

The price of telecommunication services shall be determined based on the following bases:

1. Factors forming the price of telecommunication services at the time of pricing.

2. Supply-demand relationship of telecommunication services.

Article 59. Management of Telecommunication Service Prices

1. The Ministry of Information and Communications shall have the following responsibilities:

a) Directing and guiding the implementation of reporting, accounting, and auditing systems serving the management of telecommunication service prices.

b) Organizing the declaration and public display of telecommunication service prices in accordance with laws on prices.

c) Proactively coordinating with the Ministry of Industry and Trade to implement competition management in the telecommunication sector in accordance with laws on competition; coordinating in managing promotional activities in telecommunication service provision.

d) Monitoring and suspending the application of telecommunication service prices when telecommunication enterprises impose, increase, or decrease service prices causing instability in the telecommunication market, harming the legitimate rights and interests of telecommunication service users, other telecommunication enterprises, and the State.

2. The Minister of Information and Communications shall have the following responsibilities:

a) Prescribing regulations on the management of telecommunication service prices.

b) Leading and coordinating with the Ministry of Finance to issue regulations on methods for pricing telecommunication services.

c) Deciding on the prices of telecommunication services included in the State-Set Price Goods and Services Catalogue.

3. Telecommunication enterprises shall have the following rights and obligations:

a) Determining the prices of telecommunication services provided by the enterprise, except for those included in the State-Set Price Goods and Services Catalogue.

b) Submitting to the Ministry of Information and Communications proposals for pricing telecommunication services set by the State.

c) Implementing pricing methods and regulations on the management of telecommunication service prices as prescribed by the Minister of Information and Communications.

d) Accounting for costs and determining the cost of telecommunication services in accordance with regulations.

đ) Implementing reporting, accounting, and auditing systems serving the management of telecommunication service prices.

e) Declaring and publicly displaying telecommunication service prices in accordance with laws on prices.

g) Not imposing, increasing, or decreasing telecommunication service prices that cause market instability, harming the legitimate rights and interests of telecommunication service users, other telecommunication enterprises, and the State.

Article 60. Issuing invoices and paying for telecommunications service usage

1. Telecommunications enterprises shall be responsible for accurately, completely, and promptly issuing invoices for payment of telecommunications service usage to users who pay on a postpaid basis. Users of telecommunications services shall be responsible for fully and promptly paying the amount due for telecommunications services provided by telecommunications enterprises according to the payment invoices.

2. Telecommunications enterprises shall be responsible for accurately deducting the amount that users of telecommunications services must pay according to the prescribed price for prepaid telecommunications services.

3. Payment invoices for telecommunications service usage must comply with legal regulations and clearly reflect the following contents:

a) Unit price of the service and the amount payable for each type of telecommunications service;

b) Total amount payable;

c) Value-added tax (if applicable).

4. Telecommunications enterprises shall be responsible for providing technical measures to assist users and competent state agencies in real-time querying of information regarding the deduction of telecommunications service usage fees, prioritizing online methods. In cases where monthly payment invoices for telecommunications service usage are issued according to contracts, telecommunications enterprises shall be responsible for providing or hiring other organizations to provide free detailed information on telecommunications service usage fees once when requested by the user.

Article 61. Management of Prepaid Cards for Mobile Telecommunications Services and Mobile SIM Accounts

1. A prepaid card for mobile telecommunications services is a card issued by a telecommunications enterprise for users to recharge value into their own mobile SIM accounts of that telecommunications enterprise.

2. A mobile SIM account reflects the value that users have recharged into their telecommunications services using prepaid cards for mobile telecommunications services or through lawful payment means (excluding promotions), recorded in the billing system of the telecommunications enterprise and linked to the mobile telecommunications subscriber number.

3. A mobile SIM account is used to pay for mobile telecommunications services and mobile network-based information content services in accordance with legal provisions.

4. The Government shall specify detailed regulations on the management of prepaid cards for mobile telecommunications services and mobile SIM accounts.

Article 62. Refunding Telecommunications Service Usage Fees and Compensating Damages

1. If a telecommunications enterprise fails to provide telecommunications services within the agreed time and quality as stipulated in the contract with the telecommunications service user, it shall refund part or all of the telecommunications service usage fees already collected.

2. A telecommunications enterprise shall not compensate for indirect losses or lost benefits resulting from failing to provide telecommunications services within the agreed time and quality.

3. In the provision and use of telecommunications services, the parties to the contract for the supply and use of telecommunications services shall be responsible for compensating for direct material damages caused by their own fault to the other party, except in cases of force majeure.

Chapter VIII

TELECOMMUNICATIONS INFRASTRUCTURE

Article 63. Planning for Passive Telecommunications Infrastructure

1. The planning for passive telecommunications infrastructure at the local level is a technical and specialized plan that details the provincial planning, aligning with the information and communication infrastructure planning.

2. The planning for urban residential areas, functional zones, industrial clusters as stipulated in the Construction Law and related laws must ensure consistency and synchronization with the planning for passive telecommunications infrastructure to facilitate the establishment of telecommunications infrastructure, provision, and utilization of telecommunications services.

3. The Government shall provide detailed regulations on the content of planning, the process of drafting, reviewing, approving, announcing, providing information, implementation, evaluation, and adjustment of the planning for passive telecommunications infrastructure at the local level.

Article 64. Land for Telecommunications Projects

1. Based on the national planning for information and communication infrastructure, the planning for passive telecommunications infrastructure, and land use plans and programs approved by competent state agencies, the People's Committee at the appropriate level shall be responsible for allocating land and leasing land for the construction of telecommunications projects within its jurisdiction.

2. At all levels, the People's Committees, within their respective duties and powers, shall be responsible for leading and coordinating with investors of telecommunications projects in the implementation of land clearance, compensation for land and property losses, and protection of the area designated for telecommunications project construction as provided in Clause 1 of this Article and other relevant laws.

Article 65. Design, Construction, and Installation of Telecommunications Projects

1. The design, construction, and installation of telecommunications projects must comply with the planning for passive telecommunications infrastructure, adhere to construction technical standards, telecommunications technical standards, and other relevant legal provisions.

2. The system of technical infrastructure projects including transportation works, power poles, power lines, water supply pipelines, drainage systems, public lighting, and other technical infrastructure projects must be designed and constructed in accordance with relevant technical standards to ensure the installation and protection of transmission lines and telecommunications projects. Passive telecommunications infrastructure is a mandatory component when designing the foundation of the technical infrastructure system according to relevant technical standards. Investors of technical infrastructure projects have the responsibility to submit information about the construction project of technical infrastructure to the competent state management agency for telecommunications or the specialized agency under the provincial People's Committee to notify telecommunications enterprises to register for joint use of the technical infrastructure project of the investor.

3. Telecommunications projects constructed and installed on the premises of government agencies, public service facilities, military properties, and infrastructure assets serving national interests and public benefits as stipulated in the Public Asset Management and Utilization Law must comply with the following principles:

a) Comply with the provisions of Clause 1 of this Article;

b) Not affecting the operations of agencies, organizations, and units entrusted with managing and using public assets, nor the functionality of such public assets where telecommunications projects are installed;

c) Ensuring technical feasibility; ensuring aesthetics, environment, safety, and security.

4. The construction and installation of telecommunications projects on public assets shall be carried out through agreements between telecommunications installation enterprises and agencies, organizations, and units entrusted with managing and using public assets based on compliance with the principles set forth in Clause 3 of this Article. Revenue from the agreement on installing telecommunications projects on public assets shall be managed and utilized in accordance with the law on the management and utilization of public assets.

5. Telecommunications enterprises installing telecommunications projects shall be responsible for maintaining and servicing telecommunications projects.

6. Investors constructing apartment buildings, public works, functional zones, and industrial clusters as stipulated in housing laws and construction laws shall have the following obligations:

a) To develop a design plan for passive telecommunications infrastructure that complies with technical standards to ensure consistency and synchronization in investment construction and facilitate the establishment of telecommunications infrastructure and the provision and utilization of telecommunications services;

b) To design and install or organize the design and installation of in-building telecommunications cable networks when constructing apartment buildings and public works;

c) To allocate space for the installation of antenna towers on rooftops and mobile signal reception and transmission systems in apartment buildings and public works if technically feasible;

d) To allocate space for the construction of passive telecommunications infrastructure and the installation of telecommunications equipment in functional zones and industrial clusters.

7. The design, construction, management, and use of passive telecommunications infrastructure, in-building telecommunications cable networks, and mobile signal reception and transmission systems in apartment buildings, public works, functional zones, and industrial clusters must ensure the capability to provide services from a minimum of two telecommunications enterprises to users.

8. Organizations managing and operating apartment buildings, public works, functional zones, and industrial clusters shall be responsible for facilitating the construction, installation, use, renovation, and repair of passive telecommunications infrastructure, mobile signal reception and transmission systems, and in-building telecommunications cable networks in apartment buildings, public works, functional zones, and industrial clusters.

9. Organizations and individuals must notify the specialized telecommunications agency under the provincial People's Committee before constructing passive telecommunications infrastructure.

10. The Government shall specify detailed regulations for this Article.

Article 66. Joint Use of Infrastructure Technical Works Systems

1. The joint use of infrastructure technical works for transportation, energy supply, public lighting, water supply, wastewater collection and treatment, telecommunications, and other infrastructure technical works shall be carried out according to the principles of efficiency, economy, ensuring landscape and environment, and being consistent with urban planning and related planning approved by competent authorities.

2. The joint use of infrastructure technical works systems shall be implemented in accordance with the provisions of the Government.

Article 67. Management of Telecommunication Works

1. The Ministry of Information and Communications shall have the following responsibilities:

a) Guide the joint use of passive telecommunications infrastructure technology between telecommunication enterprises;

b) Take the lead and coordinate with the Ministry of Finance and the Ministry of Construction to detail mechanisms, control price principles, pricing methods for leasing communication cable networks in buildings, and rental prices for passive telecommunications infrastructure technology between telecommunication enterprises, organizations, and individuals owning telecommunication works.

2. Provincial People's Committees shall have the following responsibilities:

a) Approve, announce, guide, monitor, and inspect the implementation of planning for passive telecommunications infrastructure technology;

b) Organize the joint use of infrastructure facilities among telecommunications, power, transportation, water supply, drainage, and other sectors at the local level.

3. Organizations and individuals shall comply with regulations on planning, design, construction, and joint use of infrastructure facilities for transportation, construction, energy supply, public lighting, water supply, drainage, telecommunications, and other infrastructure works.

Chapter IX

STATE MANAGEMENT OF TELECOMMUNICATIONS

Article 68. Contents of State Management of Telecommunications

1. Develop, issue, and implement strategies, plans, policies for telecommunications development, legal normative documents on telecommunications; regulations on controlled testing mechanisms for new technologies and models in telecommunications activities; national standards, technical regulations, technical requirements, economic and technical norms on telecommunications.

2. Manage and regulate the telecommunications market; manage telecommunications service operations and telecommunications business.

3. Popularize and educate about telecommunications laws.

4. Train, develop human resources; research and apply science and technology in telecommunications activities.

5. Manage reporting and statistics on telecommunications in online and direct forms.

6. International cooperation in telecommunications.

7. Inspect and check compliance with legal regulations on telecommunications.

8. Resolve disputes, complaints, denunciations, and handle violations of telecommunications laws.

Article 69. Responsibilities for State Management of Telecommunications

1. The Government shall uniformly manage state affairs concerning telecommunications.

2. The Ministry of Information and Communications shall be the leading agency assisting the Government in managing state affairs concerning telecommunications.

3. The Ministry of National Defense and the Ministry of Public Security, within their respective duties and powers, shall manage dedicated telecommunications networks serving defense and security; the Minister of National Defense shall manage dedicated telecommunications networks serving confidential communications.

4. Ministries and agencies equivalent to ministries, within their respective duties and powers, shall have the responsibility to cooperate with the Ministry of Information and Communications in managing state affairs concerning telecommunications.

5. People's Committees at all levels, within their respective duties and powers, shall manage state affairs concerning telecommunications at the local level.

Article 70. International Cooperation in Telecommunications

1. International cooperation in telecommunications shall be carried out on the principles of respecting independence, sovereignty, territorial integrity, equality, and mutual benefit.

2. Adhere to international treaties on telecommunications to which the Socialist Republic of Vietnam is a member.

3. Vietnam commits to being an active and responsible member in international organizations related to telecommunications.

4. Prioritize considering the signing of international treaties and agreements that are beneficial for promoting the development of new technologies and advanced technologies in the field of telecommunications, in accordance with Vietnam's interests and capabilities.

5. Encourage international cooperation and support for state management work, human resource training, information sharing, experience exchange, research, and development of new generation Internet technologies, next-generation telecommunication network technologies.

6. The Ministry of Information and Communications is the lead agency for consolidating activities of integration and international cooperation in telecommunications. Ministries, ministerial-level agencies, and People's Committees at all levels organize the implementation of international cooperation in telecommunications within their jurisdiction.

Chapter X

IMPLEMENTING PROVISIONS

Article 71. Amending, Supplementing, Replacing, and Abolishing Certain Provisions of Relevant Laws

1. Replace the phrase "license for establishing a telecommunications network" with the phrase "license for providing telecommunications services with network infrastructure" in point b clause 1 Article 18a, point b clause 3 Article 20, and point a clause 2 Article 24 of the Law on Radio Frequency Management No. 42/2009/QH12, amended and supplemented by Law No. 09/2022/QH15.

2. Replace the phrase "Internet resources" with the phrase "Vietnamese Internet resources" in clause 7 Article 4 and clause 5 Article 119 of the Law on Management and Use of State Assets No. 15/2017/QH14, amended and supplemented by Law No. 64/2020/QH14 and Law No. 07/2022/QH15.

3. Amend and supplement the List of Fees and Charges in Appendix No. 01 issued together with the Law on Fees and Charges No. 97/2015/QH13, amended and supplemented by Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, and Law No. 20/2023/QH15 as follows:

a) Amend and supplement point 2 item VI part A as follows:

b) Add point 2.3 after point 2.2 item VI part A as follows:

c) Amend and supplement point 5 item III part B as follows:

d) Add point 5.4 after point 5.3 item III part B as follows:

4. Abolish Article 76 of the Law on Information Technology No. 67/2006/QH11, amended and supplemented by Law No. 21/2017/QH14 and Law No. 20/2023/QH15.

Article 72. Effective Date

1. This Law takes effect from July 1, 2024, except for the provisions in clauses 3 and 4 of this Article.

2. The Telecommunications Law No. 41/2009/QH12, amended and supplemented by Law No. 21/2017/QH14 and Law No. 23/2018/QH14, ceases to be effective from the date this Law takes effect, except as provided in clause 4 of Article 73 of this Law.

3. The provisions on providing basic telecommunications services over the Internet, data center services, cloud computing services in Articles 28 and 29 of this Law take effect from January 1, 2025.

4. The provisions on paying fees for maintaining network number usage and registration charges for network number usage in point d clause 9 Article 50 and clause 3 Article 71 of this Law take effect from January 1, 2025.

Article 73. Transitional Provisions

1. Telecommunications business licenses issued in accordance with the Telecommunications Law No. 41/2009/QH12, amended and supplemented by Law No. 21/2017/QH14 and Law No. 23/2018/QH14, continue to be valid until the expiration date of the license.

2. Enterprises may continue to operate telecommunications services according to the validity period of the telecommunications service business license issued in accordance with the Telecommunications Law No. 41/2009/QH12, amended and supplemented by Law No. 21/2017/QH14 and Law No. 23/2018/QH14, until the license expires, except as provided in clause 3 of this Article.

3. In cases where enterprises have been granted both a telecommunications service provision license and a public telecommunications network establishment license, if the validity period of the telecommunications service provision license is shorter than that of the public telecommunications network establishment license, the telecommunications service provision license will be valid for the duration of the public telecommunications network establishment license.

4. Organizations and enterprises that submit applications for telecommunications licenses before the effective date of this Law but have not received the licenses by July 1, 2024, will be considered for issuance of licenses in accordance with the Telecommunications Law No. 41/2009/QH12, amended and supplemented by Law No. 21/2017/QH14 and Law No. 23/2018/QH14.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 15th term, sixth session, on November 24, 2023.