Circular No. 39/2016/TT-BTTTT on standard contracts and general terms and conditions in the telecommunications sector

CIRCULAR

REGULATIONS ON STANDARD CONTRACTS AND GENERAL TERMS AND CONDITIONS IN THE TELECOMMUNICATIONS SECTOR

Pursuant to the Law on Telecommunications dated November 23 ARTICLE 4. Finished traditional medicine is a form of traditional medicine that has undergone production processes, including packaging and labeling, using traditional or modern methods, belonging to one of the following forms: pills, liquids, tea, powder, extract, and other forms.

Pursuant to the Law on Consumer Rights Protection dated November 17, 2010; Pursuant to Decree No. 132/2013/NĐ-CP dated October 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications which have been amended and supplemented by Decree No. 816/NĐ-CP dated July 1, 2016;Pursuant to Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Consumer Rights Protection;

/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications, Decree No. 81/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications and Decree No. 49/2017/NĐ-CP dated April 24, 2017 of the Government amending and supplementing Article 15 of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties for violations in the fields of postal services, telecommunications, information technology and radio frequencies/NĐ-CP dated April 6, 2011 Pursuant to Decision No. 02/2012/QĐ-TTg dated January 13, 2012 of the Prime Minister promulgating the list of goods and services that must be registered for standard contracts and general terms and conditions, which has been amended and supplemented by Decision No. 35/2015/QĐ-TTg dated August 20, 2015; The Minister of Information and Communications issues this Circular regulating standard contracts and general terms and conditions regarding the provision and use of telecommunications services between telecommunications enterprises, telecommunications service agents, and telecommunications service users in the telecommunications sector.This Circular applies to the following entities:/2011. Specialized management agencies for telecommunications (the Telecommunications Department under the Ministry of Information and Communications);

2. Telecommunications enterprises providing telecommunications services to telecommunications service users in Vietnam.Article 3. List of telecommunications services that must be registered for standard contracts and general terms and conditions regarding the provision and use of telecommunications services1. Fixed landline telephone service;2. Mobile terrestrial information service;3. Internet access service on fixed terrestrial telecommunications networks.

Article 4. List of telecommunications services that must notify the application of standard contracts and general terms and conditions regarding the provision and use of telecommunications services1. Fixed telecommunications services, including:a) Private line service;b) Data transmission service;

At the proposal of the Director of the Telecommunications Administration,

c) Videoconferencing service;d) Virtual private network service.

Article 1. Scope of Regulation

2. Other telecommunications services as specifically guided by the Ministry of Information and Communications

Article 2. Applicability

Article 5. General requirements for standard contracts and general terms and conditions regarding the provision and use of telecommunications services

1. Standard contracts and general terms and conditions regarding the provision and use of telecommunications services must be in writing and must satisfy all conditions prescribed in Article 7 of Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Consumer Rights Protection (Decree No. 99/2011/NĐ-CP).

2. Standard contracts for the provision and use of telecommunications services must include at least the contents prescribed in Appendix 1 attached hereto.

3. General terms and conditions regarding the provision and use of telecommunications services must include at least the contents prescribed in Appendix 2 attached hereto.

1. Landline telephone services;

2. Mobile terrestrial information services;

3. Internet access services on terrestrial fixed telecommunications networks.

Article 4. List of telecommunications services that must notify the application of model contracts and general terms and conditions for the provision and use of telecommunications services

1. Fixed telecommunications services, including:

a) Private line service;

b) Data transmission service;

c) Videoconferencing service;

d) Virtual private network service.

2. Other telecommunications services as specifically guided by the Ministry of Information and Communications

Article 5. General requirements for model contracts and general terms and conditions for the provision and use of telecommunications services

1. Model contracts and general terms and conditions for the provision and use of telecommunications services must be in writing and must meet all the conditions prescribed in Article 7 of Decree No. 99/2011/ND-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Consumer Rights Protection Law (Decree No. 99/2011/ND-CP).

2. Model contracts for the provision and use of telecommunications services must include at least the contents prescribed in Appendix 1 attached hereto.

3. General terms and conditions for the provision and use of telecommunications services must include at least the contents prescribed in Appendix 2 attached hereto.

Article 6. Registration of standard form contracts and general terms and conditions for the provision and use of telecommunications services

1. The agency receiving registration files for standard form contracts and general terms and conditions for the provision and use of telecommunications services shall be as prescribed in Article 9 of Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government.

2. The procedures and formalities for registering standard form contracts and general terms and conditions for the provision and use of telecommunications services shall be as stipulated in Articles 10, 11, 12, 14, 15, and 16 of Decree No. 99/2011/NĐ-CP.

Article 7. Notification of application of standard form contracts and general terms and conditions for the provision and use of telecommunications services

1. The agency receiving notifications on the application of standard form contracts and general terms and conditions for the provision and use of telecommunications services is the Telecommunications Regulatory Authority under the Ministry of Information and Communications.

2. The notification file for the application of standard form contracts and general terms and conditions for the provision and use of telecommunications services shall include:

a) A notification document on the application of standard form contracts and general terms and conditions for the provision and use of telecommunications services;

b) Drafts of standard form contracts and general terms and conditions for the provision and use of telecommunications services.

3. Telecommunications enterprises must notify the application of standard form contracts and general terms and conditions for the provision and use of telecommunications services at least 10 (ten) working days before implementation to conclude with telecommunications service users.

4. For telecommunications services specified in Article 3 of this Circular, the Telecommunications Regulatory Authority shall be responsible for contacting the Competition Administration under the Ministry of Industry and Trade to update and publish standard form contracts and general terms and conditions of enterprises that have registered and been approved according to Article 6 of this Circular on the Telecommunications Regulatory Authority’s electronic portal under the Ministry of Information and Communications.

5. For telecommunications services specified in Article 4 of this Circular, the Telecommunications Regulatory Authority shall be responsible for reviewing the contents of draft standard form contracts and general terms and conditions.

a) In case the drafts of standard form contracts and general terms and conditions of enterprises comply with the provisions of this Circular, the Telecommunications Regulatory Authority shall be responsible for publishing the standard form contracts and general terms and conditions for the provision and use of telecommunications services of enterprises on the Telecommunications Regulatory Authority’s electronic portal under the Ministry of Information and Communications.

b) In case the drafts of standard form contracts and general terms and conditions of enterprises contain violations, are not appropriate, or are incomplete, the Telecommunications Regulatory Authority shall be responsible for sending a document to the enterprise requesting amendments and supplements to the standard form contracts and general terms and conditions in accordance with the provisions of this Circular.

6. When changing any content of standard form contracts and general terms and conditions for telecommunications services specified in Article 4 of this Circular, telecommunications enterprises must send a notification to the Telecommunications Regulatory Authority as prescribed herein and publicly announce the changed standard form contracts and general terms and conditions on their websites, transaction points, service provision points, and service sales agents.

Article 8. Responsibilities of Telecommunications Enterprises

1. Notify the application of model contracts and general terms and conditions for the provision and use of telecommunications services as prescribed in Article 7 of this Circular.

2. Ensure that users of telecommunications services read and understand all contents in the model contracts and general terms and conditions for the provision and use of telecommunications services before using the service.

3. Ensure that the model contracts and general terms and conditions for the provision and use of telecommunications services concluded between users of telecommunications services and telecommunications service agents include the minimum contents prescribed in Appendix 1 and Appendix 2 attached to this Circular.

4. Publicly announce the model contracts and general terms and conditions for all telecommunications services applicable to users of telecommunications services on the enterprise's website, transaction points, telecommunications service provision points, and telecommunications service agent points.

5. Compare, check, accurately enter, and fully store subscriber information in accordance with regulations.

6. Implement other provisions of the law regarding model contracts and general terms and conditions for the provision and use of telecommunications services.

Article 9. Effective Date

This Circular takes effect from February 15, 2017.

Article 10. Transitional Provisions

1. Within sixty (60) days from the date this Circular takes effect, telecommunications enterprises shall be responsible for:

a) Reviewing, amending, and supplementing the model contracts and general terms and conditions currently applied in concluding with users of telecommunications services to ensure compliance with the provisions of this Circular; registering/re-registering with competent authorities for telecommunications services listed in the Catalogue of Essential Goods and Services Required to Register Model Contracts and General Terms and Conditions issued together with Decision No. 02/2012/QD-TTg dated January 13, 2012 of the Prime Minister on the issuance of the Catalogue of Essential Goods and Services Required to Register Model Contracts and General Terms and Conditions, which has been amended and supplemented by Decision No. 35/2015/QD-TTg dated August 20, 2015;

b) Notify the application of the amended and supplemented model contracts and general terms and conditions for the provision and use of telecommunications services before applying them to conclude with users of telecommunications services as prescribed in Article 7 of this Circular.

2. Within sixty (60) days from the date of sending the notification of the application of model contracts and general terms and conditions or from the date of receiving the approval for re-registration of model contracts and general terms and conditions for the provision and use of telecommunications services from competent authorities, telecommunications enterprises shall be responsible for:

a) Applying the amended and supplemented model contracts and general terms and conditions for the provision and use of telecommunications services to conclude with new users of telecommunications services;

b) Notifying existing customers about the contents that have been amended and supplemented in the model contracts and general terms and conditions for the provision and use of telecommunications services;

c) Re-signing the contract with customers if they request to sign again according to the newly amended and supplemented model contract.

Article 11. Implementation Organization

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

2. During the implementation process, if any issues arise, relevant agencies, organizations, and individuals need to promptly reflect them to the Telecommunications Department - Ministry of Information and Communications for consideration and resolution.

ANNEX 1

(Issued together with Circular No. 39/2016/TT-BTTTT dated November/12/2016 of the Minister of Information and Communications)

MINIMUM CONTENTS OF MODEL CONTRACTS FOR THE PROVISION AND USE OF TELECOMMUNICATION SERVICES

1. Basis for drafting the contract, including at least the following contents

In addition to other legal documents related to the drafting of contracts, the basis for drafting model contracts in the field of telecommunications includes at least the following documents: The Telecommunications Law 2009, The Consumer Protection Law 2010, Decree No. 25/2011/ND-CP, Decree No. 81/2016/ND-CP, Decree No. 99/2011/ND-CP.

2. Information about the parties involved in the contract, including at least the following contents and other information as prescribedcurrently:

a) Information about the service provider including:

- Name of enterprise;

- Business license number for telecommunications services;

- Registration certificate number, date of issue, and issuing authority for business registration/capital investment registration;

- Contract number;

- Tax identification number;

- Account(s) (one or more accounts for convenience in transactions with users of telecommunications services); - Address, contact phone number, website, email address (if available).ẽb) Information about the user of telecommunications services including:

- Full name (individual) or Name of organization/company (including full name of representative);

- Date of birth (individual/representative of organization, company);

- Address, contact phone number;

- Identity card/passport number, date of issue, issuing authority (for individual or representative of organization signing the contract);

- Business registration certificate/establishment decision number, date of issue, issuing authority (for organization).

3. Description of telecommunications services to be provided, including at least the following contents:

a) Information about the type of telecommunications service and method of service provision;

b) Information about service charges;

c) Information about payment methods and procedures for service charges;

d) Information about service quality;

đ) Information about the time and duration of service provision;

e) Information about the service provision location (for fixed terrestrial telecommunications network services);

g) Information about support and customer care for telecommunications service users including: address, phone number, email, website;

h) Cases of temporary suspension/cessation of service provision and termination of telecommunications service provision;

i) Additional value-added services.

4. Rights and obligations of the parties involved in the contract

a) Information about the rights of the telecommunications service provider, including at least the following contents;

- Right to request users of telecommunications services to provide necessary information related to the provision of telecommunications services recorded in the contract;

a) Information about the rights of the telecommunications service provider, including at least the following contents;

- The right to request users to provide necessary information related to the provision of telecommunications services recorded in the contract;

- Has the right to request the service user to pay fully and on time the service usage fees and charges recorded in the contract.

b) Information on the obligations of the telecommunications service provider, including at least the following contents:

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

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

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

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

- The obligations of the enterprise as stipulated in Clause 4, Article 18, Decree No. 99/2011/ND-CP dated October 27, 2011 detailing and guiding the implementation of certain provisions of the Law on Consumer Rights Protection;

- Resolving complaints from telecommunications service users within a maximum of five (5) working days from the date of receipt of the complaint.

c) Information on the rights of the telecommunications service user, including at least the following contents: as follows:

- Has the right to request the telecommunications service provider to provide information related to the use of telecommunications services and accompanying value-added services;

- Using telecommunications services according to the quality and rates specified in the telecommunications service usage contract;

- Refusing to use part or all of the telecommunications services as stipulated in the telecommunications service usage contract;

- Complaining about rates and service quality; being refunded for service rates and compensated for direct losses caused by the fault of the telecommunications service provider or its agents;

- Ensuring the confidentiality of personal information recorded in the contract;

- The rights as stipulated in Clause 3, Article 18 of Decree No. 99/2011/ND-CP dated October 27, 2011 detailing and guiding the implementation of certain provisions of the Law on Consumer Rights Protection;

d) Information on the obligations of the telecommunications service user, including at least the following contents:i minimum the following contents:

- Providing complete and accurate information about the service user as recorded in the contract;

- Paying fully and on time the service usage fees and accompanying charges (if any);

- Compensating for direct losses caused by their own fault to the telecommunications service provider or its agents;

- Being responsible under the law for the content transmitted, posted, or stored on the telecommunications network;

- Not using the telecommunications infrastructure of the telecommunications service provider for telecommunications service business operations.

ANNEX 2

(Issued together with Circular No. 39/2016/TT-BTTTT dated November/12/2016 of the Minister of Information and Communications

MINIMUM CONTENT OF GENERAL TERMS AND CONDITIONS

1. Basis for establishing general terms and conditions

In addition to other relevant legal documents concerning the establishment of general terms and conditions, the basis for establishing general terms and conditions in the telecommunications sector includes at least the following documents: the Telecommunications Law 2009, the Law on Consumer Rights Protection 2010, Decree No. 25/2011/ND-CP, Decree No. 81/2016/ND-CP, and Decree No. 99/2011/ND-CP.

2. Information on the telecommunications service provider

a) Enterprise name;

b) Business license number for telecommunications services;

c) Registration certificate number, issuance date, and issuing authority;

d) Address and contact phone number.

3. Telecommunications services provided

a) Type of telecommunications services provided;

b) Service packages provided.

4. Activation methods and service usage conditions

a) Service activation instructions; service usage period;

b) Conditions for using services and additional value-added services.

5. Billing method and payment proceduresc payment of charges

a) Information on service rates;

b) Payment of service rates.

6. Accompanying value-added services

a) Available value-added services upon activation;

b) Methods for canceling and re-registering value-added services.

7. Situations leading to unilateral termination of service provision

a) Situations arising from the telecommunications service user;

b) Situations arising from the service provider;

c) At the request of competent state authorities;

d) Force majeure situations.

8. Quality assurance of services

Ensuring the quality of services provided to customers in accordance with the quality announced by the enterprise.

9. Assurance of confidentiality of personal and organizational information of service users

Commitment to ensuring the confidentiality of personal information of service users in accordance with the law.

10. Information for resolving inquiries and complaints of telecommunications service users

a) Contact address;

b) Contact phone number;

c) Website and email address;

d) Complaint resolution deadline for telecommunications service users from the date of receipt of the complaint.