Decree No. 163/2024/ND-CP on elaboration of some articles and measures for enforcement of law on telecommunications

Identification of Dominant Market Position

• Enterprises with a 30% market share or more, or those with “significant market power,” are deemed dominant telecommunications service providers.

Mobile Subscriber Information Registration

• From December 24, 2024, mobile users must register their information with valid documents (originals, certified copies, or electronic copies), including: full name, date of birth, ID number, address, and phone number.

• Telecom operators may only activate services after verifying and storing accurate subscriber information.

Licensing and Network Deployment Requirements

• Virtual network operators (no radio frequency use):

  • Minimum charter capital: VND 300 billion

  • Investment commitment: at least VND 1,000 billion within 3 years

  • Must sign network leasing contracts with infrastructure providers

• Fixed satellite or mobile satellite networks:

  • Minimum capital: VND 30 billion, fully paid before operation

Licensing Applications & Procedures

• Applications are submitted to the Authority of Telecommunications using standardized templates (e.g., Forms 04, 05, 28, 29).

• Enterprises must notify the Authority within 15 days of starting operations or providing services.

Amendments, Reissuance, and Extension of Licenses

• Enterprises must file for updates in cases such as: changes in network structure, service scope, enterprise name, or capital.

• Reissuance and extension must be requested in accordance with clear timelines defined in the Decree.

Revocation of Licenses & Violations

• Licenses may be revoked if enterprises violate the Telecommunications Law, breach implementation commitments, or fail to deploy services.

• Grounds for revocation include: failing to notify service suspension, not deploying the network, misuse of radio frequencies or telecom resources.

• In such cases, the enterprise must protect subscriber rights, including transferring subscribers or providing fair compensation.

Fees and Financial Obligations

• Telecom enterprises must pay an annual telecommunications operation fee, based on service type, network scale, telecom resource usage, and revenue.

• Some frequency usage licenses require a one-time fee for the full license period.