Decree No. 49/2017/ND-CP amends and supplements Article 15 of Decree No. 25/2011/ND-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/ND-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the fields of postal services, telecommunications, information technology, and radio frequency.

DECREE

AMENDING AND SUPPLEMENTING ARTICLE 15 OF THE DECREE NO. 25/2011/NĐ-CP OF APRIL 6, 2011 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE COMMUNICATION LAW AND ARTICLE 30 OF THE DECREE NO. 174/2013/NĐ-CP OF NOVEMBER 13, 2013 ISSUED BY THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF POSTAL SERVICES, COMMUNICATIONS, INFORMATION TECHNOLOGY AND RADIO FREQUENCY

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Administrative Violation Handling Law dated June 20, 2012;

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

At the proposal of the Minister of Information and Communications;

The Government issues this Decree to amend and supplement Article 15 of Decree No. 25/2011/NĐ-CP dated April 6, 2011 issued by the Government providing guidelines for implementation of certain provisions of the Communication Law and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013 issued by the Government on administrative sanctions in the field of postal services, communications, information technology and radio frequency.

Article 1. Amend and supplement

"Article 15. Contracting standard form contracts, general terms and conditions, retention and use of subscriber information

1. Standard form contracts and general terms and conditions may only be concluded at telecommunication service provision points, including:

a) Fixed telecommunication service provision points with a definite address established by telecommunication enterprises;

b) Mobile telecommunication service provision points established by telecommunication enterprises;

c) Fixed telecommunication service provision points with a definite address established by other enterprises, authorized by telecommunication enterprises to conclude standard form contracts and general terms and conditions for the provision and use of telecommunication services (referred to as Authorized Telecommunication Service Provision Points).

2. Telecommunication service provision points concluding standard form contracts and general terms and conditions must comply with the following regulations:

a) Display signs containing at least the following information: "Telecommunication Service Provision Point"; name or brand of the telecommunication enterprise establishing the telecommunication service provision point or authorizing the telecommunication service provision point; address; contact telephone number;

b) Publicly display standard form contracts and general terms and conditions for the provision and use of telecommunication services; procedures for concluding standard form contracts and general terms and conditions; original or certified copy of the authorization contract issued by the telecommunication enterprise to the establishment enterprise (for authorized telecommunication service provision points);

c) Have sufficient equipment to enter information from documents of individuals and organizations; digitize documents of individuals and organizations; take photos of individuals directly concluding standard form contracts and general terms and conditions (for mobile telecommunication services) and transfer information, digitized copies of documents, and photos to the centralized database of the telecommunication enterprise. Digitization equipment and cameras must ensure that digitized copies of documents and photos are clear and sharp; digitized copies of documents must contain all information compared to the documents presented by individuals and organizations when concluding standard form contracts and general terms and conditions; photos must include information about the time (date, hour) taken;

d) Staff concluding standard form contracts and general terms and conditions must be trained and educated on the procedures and formalities for concluding standard form contracts and general terms and conditions.

3. When concluding standard form contracts and general terms and conditions, individuals and organizations have the responsibility to present the following documents:

a) In case of individuals: original passport or identity card or citizen identification card still valid for Vietnamese citizens or passport still valid for circulation in Vietnam for foreign citizens (hereinafter collectively referred to as personal identification documents);

b) In case of organizations: original or certified copy of the decision to establish or business registration certificate and tax registration or investment permit or business registration certificate (hereinafter collectively referred to as legal entity certificates). For mobile telecommunication services, organizations must submit a list of individuals within the organization (legally confirmed by the organization) permitted to use telecommunication services under the standard form contract and general terms and conditions concluded between the organization and the telecommunication enterprise (in case the organization assigns users), along with the original personal identification documents of each individual. If the individual concluding the standard form contract and general terms and conditions is not the legal representative of the organization, they must present a legally authorized power of attorney from the legal representative and their own personal identification documents;

c) For individuals under 14 years old or those under guardianship as provided for in the Civil Code, the conclusion of standard form contracts and general terms and conditions must be carried out by their parents or guardians.

4. After receiving the documents of individuals and organizations concluding standard form contracts and general terms and conditions, telecommunication service provision points have the right and obligation to implement the following regulations:

a) Verify and check the documents of individuals and organizations coming to conclude standard form contracts and general terms and conditions according to Clause 3 of this Article;

b) Refuse to conclude standard form contracts and general terms and conditions with individuals and organizations presenting documents not in accordance with Clause 3 of this Article or documents presented unclearly, not ensuring that digitized documents are clear, sharp, and complete in information;

c) Enter subscriber information completely and accurately according to Clause 5 of this Article;

d) Conclude standard form contracts and general terms and conditions with individuals and organizations whose documents meet all requirements;

đ) Retain subscriber information in the database of subscriber information of the telecommunication service provision point and transmit all subscriber information to the centralized subscriber information database of the telecommunication enterprise.

e) Ensure access to the database containing subscriber information at the service provider's point for the purpose of inspecting and auditing subscriber information of subscribers who have concluded standard form contracts or general terms and conditions at the service provider's point when requested by competent state management authorities;

g) Ensure the confidentiality of subscriber information in accordance with the provisions of the law.

5. Subscriber information includes:

a) Subscriber number; the user object for each subscriber number: for individuals (for themselves; for their biological or adopted children under 14 years old; for the person under guardianship; for equipment); for organizations (for individuals belonging to the organization; for equipment);

b) Information on personal identification documents of individuals, including: full name; date of birth; nationality; number, date of issuance, issuing authority or place of issuance of personal identification documents; place of permanent residence registration (for individuals with Vietnamese nationality);

c) Information on organizational documents, including: organization's name; business address; information on personal identification documents of individuals coming to conclude standard form contracts or general terms and conditions and information on personal identification documents of each individual within the organization corresponding to the subscriber number assigned to that individual by the organization (in cases where the organization assigns the number to users) as stipulated in point b of this Clause;

d) Digital copies of all documents presented by individuals and organizations when concluding standard form contracts or general terms and conditions;

đ) Photographs of the individuals directly concluding standard form contracts or general terms and conditions (for mobile telecommunications services); digital copies of confirmation of subscriber information or confirmation of subscriber information with electronic signatures (for prepaid mobile telecommunications services);

e) Payment method for charges (prepaid, postpaid);

g) Name of transaction staff; time of concluding standard form contracts or general terms and conditions; time of updating subscriber information (for cases where individuals or organizations update their subscriber information); address and contact phone number of the service provider's point;

6. Mobile subscriber identity module (SIM card) (a device already equipped with a specific subscriber number and containing other related data and information used for providing and using mobile telecommunications services) can only be provided to individuals and organizations at service provider points after the service provider has completed the requirements set out in Clause 4 of this Article. Telecommunications enterprises licensed to establish networks and provide terrestrial and satellite mobile telecommunications services (referred to as mobile telecommunications enterprises) can only provide mobile telecommunications services to subscribers after completing the review, inspection, and ensuring that subscriber information of individuals and organizations in their centralized databases has been properly compared, entered, stored, and managed according to regulations;

7. The conclusion of standard form contracts or general terms and conditions for individuals using prepaid mobile subscriber numbers of each mobile telecommunications network shall be carried out as follows:

a) For the first three subscriber numbers, individuals must present documents and sign either a paper or electronic copy of the confirmation of subscriber information. The confirmation of subscriber information includes all subscriber information specified in points a and b or c of Clause 5 of this Article;

b) For the fourth subscriber number and onwards, standard form contracts must be concluded with mobile telecommunications enterprises. Mobile telecommunications enterprises must check, monitor, and ensure that these subscriber numbers are used in compliance with the provisions of points b and d of Clause 9 of this Article;

8. Telecommunications enterprises are responsible for:

a) Ensuring that service provider points comply fully with the provisions of Clause 2 and Clause 4 of this Article. They are fully liable under the law for ensuring that subscriber information is properly compared, entered, stored, and managed according to regulations at service provider points;

b) Establishing technical systems and centralized databases to enter, store, and manage subscriber information throughout the period of service usage, including: subscriber information as stipulated in Clause 5 of this Article; start date of service usage by the subscriber; status of the subscriber's service: active, one-way service suspension (only receiving incoming calls) or two-way service suspension (unable to make outgoing calls or receive incoming calls); number of subscriber numbers currently being used by individuals or organizations; end date of service usage (for subscribers who have ceased using the service or transferred the right to use it). For subscribers who have ceased using the service or transferred the right to use it to another individual or organization, information must continue to be retained in the centralized database for a minimum of two years;

c) Connecting the centralized subscriber information database of the enterprise to the databases of the Ministry of Information and Communications and the Ministry of Public Security as prescribed by law;

d) Providing complete information; proving that subscriber information in their centralized database has been properly compared, entered, stored, and managed according to regulations; arranging personnel and technical means at branch offices in localities to facilitate inspections and audits of subscriber information of subscribers who have concluded standard form contracts or general terms and conditions in localities when requested by competent state management authorities;

đ) Establishing, organizing, and implementing internal procedures to regularly review, inspect, and ensure that subscriber information in their centralized database complies with regulations;

e) For mobile subscribers whose subscriber information does not comply with regulations, they must continuously notify for at least five days, at least once a day, requesting individuals or organizations to re-conclude standard form contracts or general terms and conditions in accordance with the provisions of Clauses 3, 4, 6, and 7 of this Article;

If individuals or organizations fail to comply with the request, one-way telecommunications services will be suspended after 15 days from the first day of notification, and a notice will be issued stating that two-way telecommunications services will be suspended after the following 15 days if the requirement is not met.

Suspend two-way telecommunications services after 15 days from the date of suspending one-way telecommunications services, and notify that the contract will be terminated and service provision stopped after the following 30 days if no action is taken.

Terminate the contract and stop providing telecommunications services after 30 days from the date of suspending two-way telecommunications services if individuals or organizations do not comply.

g) For mobile telecommunications services, the standard contract and general terms and conditions must specify the procedures for terminating contracts and ceasing service provision to subscribers who fail to re-contract according to the model contract and general terms and conditions as stipulated in point e of this clause.

h) For subscriber numbers whose contracts have been terminated according to the provisions of point e of this clause, telecommunications enterprises have the right to provide such numbers to other individuals or organizations with demand.

i) For mobile telecommunications services, enterprises are responsible for organizing and guiding prepaid mobile subscribers to check their subscription information on the enterprise's website or by sending a message with the format TTTB to 1414, and returning a notification containing at least the following information: full name; date of birth; number and place of issuance of identity documents; list of numbers currently being used by the individual (for individual subscribers); name of organization and registration number (for organizational subscribers). The verification method must ensure confidentiality of information for users, meaning that only individuals or organizations can check their own subscription information, not others'.

k) Re-contract according to the model contract and general terms and conditions upon request of individuals or organizations using the subscription number as stipulated in clauses 4 and 7 of this Article.

l) Upon receiving requests from individuals or organizations to terminate telecommunications services for numbers using personal identification documents or legal entity certificates, verify and notify subscribers to update their subscription information according to the provisions of point e of this clause, and report the results to the requesting individuals or organizations.

Ensure confidentiality of subscription information in accordance with the law.

Publish on its website a list of service provision points by province or city, including at least the following information: name and address of the service provision point; type (fixed-line of a telecommunications enterprise, mobile of a telecommunications enterprise, or authorized point); name of the authorized enterprise; period of authorization; contact phone number; operating hours (for mobile service provision points).

9. Individuals and organizations have the following rights and responsibilities:

a) Present their documents when concluding a standard contract and general terms and conditions as stipulated in clause 3 of this Article, and bear legal responsibility for the legality of the presented documents.

b) Individuals may only conclude a standard contract and general terms and conditions using numbers for themselves, their biological or adopted children under 14 years old, and those under their guardianship as provided by law (for individual users); for devices used by themselves or their families (for device users). Organizations may only conclude a standard contract and general terms and conditions using numbers for their employees and devices.

c) Bear full legal responsibility for the use of provided subscription numbers.

d) In cases of transferring the right to use a subscription number, both the transferor and transferee must re-conclude a standard contract and general terms and conditions with the telecommunications enterprise.

đ) Update subscription information when there is a change in the presented documents at the time of concluding the standard contract and general terms and conditions, or upon receiving a notification from the telecommunications enterprise about non-compliant subscription information.

e) Check their subscription information in the centralized database of the telecommunications enterprise as stipulated in point i of clause 8 of this Article; ensure that their subscription information matches their personal identification documents or legal entity certificates. If they discover incorrect subscription information or upon receiving a notification from the telecommunications enterprise about non-compliant subscription information, they must update their subscription information as required.

g) Request the telecommunications enterprise to terminate the standard contract and general terms and conditions for telecommunications services for individuals or organizations using their personal identification documents or legal entity certificates.

10. Subscription information may only be used for the following purposes:

a) To serve national security and social order and safety work.

b) To serve state management work in the field of telecommunications.

c) To serve business management activities, network exploitation, and telecommunications service provision by telecommunications enterprises.

11. Prohibited acts:

a) Forgery; using personal identification documents or legal entity certificates of other individuals or organizations to conclude a standard contract and general terms and conditions.

b) Preloading subscription information; activating prepaid mobile services for SIM cards before completing the standard contract and general terms and conditions as required.

c) Trading and circulating on the market SIM cards with preloaded subscription information and activated prepaid mobile services.

d) Disclosing or using mobile subscription information illegally.

đ) Using multi-functional SIM cards or devices capable of activating SIM cards without breaking them to preload subscription information and activate prepaid mobile services.

Article 2. Amend and supplement

Article 30. Violations of provisions on the conclusion of standard form contracts, general terms of transactions, retention and use of subscriber information

1. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Forgery; using papers of other individuals or organizations to conclude standard form contracts, general terms of transactions;

b) Failing to re-conclude standard form contracts, general terms of transactions using the subscriber number with telecommunications enterprises when transferring the right to use the subscriber number as prescribed.

2. A fine of VND 800,000 to VND 1,000,000 per subscriber number shall be imposed on mobile telecommunications enterprises for each act of violation of any of the following acts:

a) Providing services to subscribers whose subscriber information does not comply with the provisions of Clause 5, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

b) Concluding standard form contracts, general terms of transactions not in accordance with the provisions of any of Clauses 4, 6, and 7, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree.

3. A fine of VND 10,000,000 to VND 20,000,000 per point of provision of telecommunications services shall be imposed on mobile telecommunications enterprises for each act when the point of provision of telecommunications services violates any of the following acts:

a) Failing to comply with the provisions of any of points a, b, c, d of Clause 4, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

b) The paper version or digital version or electronic version of the confirmation of subscriber information without the signature of the subscriber or the representative of the organization or the authorized person;

c) Concluding standard form contracts, general terms of transactions outside the point of provision of telecommunications services;

d) Not having signage or signage not containing complete information as prescribed in point a, Clause 2, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

đ) Not posting or posting incomplete documents as prescribed in point b, Clause 2, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

e) Not having complete equipment as prescribed in point c, Clause 2, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

g) Digital copies of documents, photographs unclear or photographs without information about the date and time of taking.

4. A fine of VND 20,000,000 to VND 30,000,000 per point of provision of telecommunications services shall be imposed on mobile telecommunications enterprises for each act when the point of provision of telecommunications services violates any of the following acts:

a) Accepting documents not in compliance with the provisions of Clause 3, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree when concluding standard form contracts, general terms of transactions;

b) Failing to comply with the provisions of point đ or point e of Clause 4, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

c) Failing to provide or provide incomplete information or failing to prove subscriber information in the database of the point of provision of telecommunications services as prescribed in point a, Clause 8, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Selling mobile subscriber SIM cards when not authorized by mobile telecommunications enterprises to conclude standard form contracts, general terms of transactions;

b) Selling or circulating on the market mobile subscriber SIM cards preloaded with subscriber information and preactivated prepaid mobile services;

c) Selling or circulating on the market terminal devices without SIM cards preloaded with subscriber information and preactivated prepaid mobile services;

d) Buying, exchanging, or using multi-functional SIM cards, devices capable of preactivating services for mobile subscriber SIM cards without needing to break the SIM card to preload subscriber information and preactivate prepaid mobile services for mobile subscriber SIM cards;

đ) Failing to post on the enterprise's website the list of points of provision of telecommunications services or posting an incomplete list of information as prescribed.

6. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for the act of concluding standard form contracts, general terms of transactions without authorization as prescribed.

7. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on mobile telecommunications enterprises for violating any of the following acts:

a) Authorizing the conclusion of standard form contracts, general terms of transactions not in compliance with the provisions of point c, Clause 1, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree;

b) Accepting subscriber information from unauthorized points of provision of telecommunications services;

c) Failing to notify or request subscribers to re-conclude standard form contracts, general terms of transactions when discovering that the subscriber information does not comply with the provisions;

d) Failing to implement or implementing incompletely the provisions of point e, Clause 8, Article 15 of Decree No. 25/2011/ND-CP amended and supplemented by Article 1 of this Decree for subscribers whose subscriber information does not comply with the provisions;

đ) Failing to notify or request subscribers to conclude standard form contracts for individuals using more than three prepaid mobile subscriber numbers;

e) Failing to provide subscriber information upon request of competent state agencies;

g) Failing to provide a method for self-checking subscriber information or providing incomplete subscriber information for subscribers to self-check as prescribed;

h) Failing to comply with the requirements of competent state management agencies regarding the review and checking of subscriber information in the centralized database of the enterprise to ensure that subscriber information complies with all regulations.

8. A fine of VND 180,000,000 to VND 200,000,000 shall be imposed on mobile telecommunications enterprises for violating any of the following acts:

a) Not establishing technical systems, centralized databases to enter, retain, and manage subscriber information as prescribed in Point b Clause 8 Article 15 Decree 25/2011/NĐ-CP amended and supplemented by Article 1 of this Decree;

b) Centralized subscriber information database not having all required fields of subscriber information as prescribed in Point b Clause 8 Article 15 Decree 25/2011/NĐ-CP amended and supplemented by Article 1 of this Decree;

c) Not retaining or retaining insufficiently subscriber information as prescribed;

d) Not conducting internal review and inspection of subscriber information within the database;

đ) Not connecting the enterprise's centralized subscriber information database with the Ministry of Information and Communications' or the Ministry of Public Security's database;

9. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the legal representative of mobile telecommunications enterprises for failing to implement:

a) Arranging personnel and technical means to ensure access capability to the enterprise's centralized subscriber information database for inspecting subscriber information upon request from competent state agencies;

b) Establishing internal procedures to serve the work of reviewing and inspecting subscriber information within the database to ensure compliance with regulations;

10. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the act of providing or using information technology applications to impersonate individual or organization information, photographs of identification documents, or photographs of individuals directly entering into contracts to conclude standard form contracts or general terms and conditions for telecommunications services provision and use;

11. Additional forms of punishment:

Confiscation of objects used to commit administrative violations as stipulated in Clause 5 of this Article but not confiscating personal or organizational documents;

12. Measures to remedy consequences:

a) Compel mobile telecommunications enterprises to return the total amount equivalent to the total amount deposited into the main account of SIM cards for subscribers who started receiving services after the effective date of this Decree and violated the provisions of Clause 2; Point a, b, c Clause 5; Point đ Clause 7 and Clause 10 of this Article. In cases where it is impossible to determine accurately, the amount to be returned shall be calculated according to the formula: VND 100,000 multiplied by the number of months of violation;

b) Compel mobile telecommunications enterprises to return the total amount equivalent to the total amount deposited after twelve months from the effective date of the Decree into the main account of SIM cards for subscribers who received services before the effective date of this Decree and violated the provisions of Clause 2; Point a, b, c Clause 5; Point đ Clause 7 and Clause 10 of this Article. In cases where it is impossible to determine accurately, the amount to be returned shall be calculated according to the formula: VND 100,000 multiplied by the number of months of violation.”

Article 3. Effectiveness

This Decree takes effect from the date of signature.

Article 4. Transitional Provisions

1. Within three months from the effective date of this Decree, telecommunications enterprises shall be responsible for signing contracts with authorized service provision points; reviewing, notifying, terminating contracts, and recovering all mobile SIM cards distributed to agents. After this period, all activities related to managing subscriber information and imposing administrative penalties shall be carried out in accordance with the provisions of this Decree; registration points and SIM card distribution agents that have not signed authorization contracts with telecommunications enterprises in accordance with this Decree must cease operations of accepting, registering subscriber information, and selling SIM cards.

2. Within twelve months from the effective date of this Decree, mobile telecommunications enterprises shall be responsible for reviewing, guiding, and requiring prepaid mobile subscribers using their services whose subscriber information does not comply with the provisions of Clause 5, Clause 7 Article 15 Decree 25/2011/NĐ-CP amended and supplemented by Article 1 of this Decree to re-conclude standard form contracts or general terms and conditions in accordance with this Decree. In addition to service provision points specified in Clause 1 Article 15 Decree 25/2011/NĐ-CP amended and supplemented by Article 1 of this Decree, enterprises may dispatch their own employees to meet with individuals or organizations with active subscriptions to implement the provisions of Clause 3 and Clause 4 Article 15 Decree 25/2011/NĐ-CP amended and supplemented by Article 1 of this Decree. For mobile subscribers whose telecommunications enterprises can guarantee the accuracy of subscriber information and do not need to re-conclude standard form contracts or general terms and conditions, enterprises shall bear full responsibility under the law for the accuracy of such subscriber information, supplement photographs, and be responsible for extracting and updating subscriber information in accordance with the provisions of Clause 5 Article 15 Decree 25/2011/NĐ-CP amended and supplemented by Article 1 of this Decree. Twelve months after the effective date of the Decree, telecommunications enterprises must ensure that all subscriber information in their centralized subscriber information database complies with the provisions of this Decree.

3. For subscribers who were provided mobile telecommunications services prior to the effective date of this Decree, Clause 2 and Point đ Clause 7 Article 30 Decree 174/2013/NĐ-CP amended and supplemented by Article 2 of this Decree shall apply twelve months after the effective date of this Decree.

4. From the effective date of this Decree, Circular 04/2012/TT-BTTTT dated April 13, 2012, of the Minister of Information and Communications on the management of prepaid mobile subscriber accounts shall cease to be effective.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Ministry of Information and Communications shall take the lead and coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and relevant individuals and organizations shall be responsible for implementing this Decree./.