License for providing telecommunications services without network infrastructure

1. Definition of Enterprises providing services without network infrastructure 

Article 3.29 of the Telecommunications Law 2023 stipulates the definition of enterprises providing services without network infrastructure as follows: 

“29. A telecommunications enterprise is an enterprise established under Vietnamese law and licensed to conduct telecommunications service business in accordance with the provisions of this Law. Telecommunications enterprises include: 

a) Enterprises providing services with network infrastructure, which are enterprises thatestablishand own a public telecommunications network and provide telecommunications services; 

b) Enterprises providing services without network infrastructure, which are enterprises that provide telecommunications services but do notestablishor own a public telecommunications network.” 

2. Obligation of Enterprises providing services without network infrastructure 

Enterprises providing telecommunications services without network infrastructure are required to fulfill the obligations stipulated in Article 13.2 of the Telecommunications Law 2023 as follows: 

“a) Contribute financially to the Vietnam Public-Utility Telecommunications Service Fund in accordance with legal provisions; 

b) Ensure the quality of services in compliance with registered or announced standards; guaranteeaccurate, complete, and transparent service pricing as per the telecommunications service provision and usagecontract; 

c) Be subject to oversight by competent state authorities andcomply withregulations on ensuring the safety of telecommunications infrastructure and information security; 

d) Submit periodic or ad-hoc reports on the enterprise’s telecommunications activitiesas prescribed bythe Minister of Information and Communications; ensure the accuracy and timeliness of the content and data reported; 

e) Implement measures to block connections, internet addresses, domain names, and other preventive measures for telecommunications equipment systems, telecommunications services, or telecommunications application services used to commit acts specified in Clause 1, Article 9 of this Law, upon writtenrequestfrom competent state authorities in accordance with legal provisions; 

f) Maintain a technical connection readiness plan tofacilitateelectronic data reporting to meet state telecommunications management requirements as prescribed by the Minister of Information and Communications; 

g) Comply with requests from competent state authorities to mobilize part orall ofthe telecommunications infrastructure and services in emergency situations, as stipulated by laws on national defense, national security, and states of emergency; 

h) Ensure that telecommunications subscribers canretaintheir subscriber numbers when switching to another telecommunications service provider within the same type of telecommunications service; 

i) Provide services to users with complete telecommunications subscriber information that matches the identification documents presented during contract conclusion, as required bylaw;

k) Verify, store, andutilizetelecommunications subscriber information, and address SIM cards with incomplete or inaccurate subscriber information; 

l) Prevent and combat illegal messages and callsin accordance withGovernment regulations; 

m) Terminate telecommunications services for subscribers violating telecommunicationslaws;

n) Fulfill other obligations as stipulated by the Enterprise Law and other relevant legal provisions.”

3. Conditions for providing services without network infrastructure 

Enterprises providing telecommunications services without network infrastructure shall be granted a License for providing services without network infrastructure on a group basis. The group licensing mechanism is implemented based on meeting the general conditions and obligations stipulated for organizations and enterprises. (This implies that the licensing conditions are uniformly applied to enterprises providing such services.) 

Enterprises must obtain a License for providing telecommunications services without network infrastructure (this license falls under the telecommunications service business license). Exceptions apply to cases where enterprises are required to complete registration or notification procedures for providing telecommunications services:  

• Registration for providing telecommunications services: Applicable to enterprises providing data center services. 

• Notification for providing telecommunications services: Applicable to (i) Enterprises providing basic telecommunications services over the Internet, cloud computing services, email services, voicemail services, or value-added fax services; (ii) Foreign organizations providing cross-border telecommunications services to users in Vietnam, including basic telecommunications services over the Internet, data center services, and cloud computing services. 

4. Conditions for granting a License for providing telecommunications services without network infrastructure 

• Possess a Certificate of enterprise registration or a Certificate of investment registration. 

• Not be in the process of dissolution or bankruptcy as determined by a competent state authority. 

• Have a technical plan and a business plan that align with the information and communications infrastructure planning, as well as the provisions of this Law regarding telecommunications resources, interconnection, service pricing, technical standards, 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. 

5. Application dossier for granting a License for providing telecommunications services without network infrastructure  

Legal basis: Article 35.2 of Decree 163/2024/ND-CP   

• List of required dossiers: 

i. Application for a telecommunications service business license, using Form No. 04 in the Appendix issued with Decree 163/2024/ND-CP;   

ii. A valid copy of the Certificate of enterprise registration or Certificate of investment registration for foreign investors (or other equivalent valid certificates or licenses as stipulated by the laws on investment and enterprises). This includes a copy issued from the original register, a certified copy, a copy printed by a competent authority or organization from electronic documents in the national database (for cases where the original information is stored in the national database), or a copy verified against the original;   

iii. A copy of the enterprise’s currently effective Charter, bearing the enterprise’s confirmation seal;   

iv. A business plan for the first five years from the date of license issuance, using form no. 07 in the Appendix issued with Decree 163/2024/ND-CP;   

v. A technical plan for the first five years corresponding to the business plan for the first five years from the date of license issuance, using Form No. 08 in the Appendix issued with Decree 163/2024/ND-CP.   

• Competent authority: Ministry of Information and Communications (Telecommunications Authority).   

• Number of documentation: 01 documentation.   

• Processing time: 05 working days from the date of receipt of the dossier.   

• Disclosure of Telecommunications Service Business License Content: Enterprises are obligated to publicly disclose the license content within 30 days from the date of issuance by the competent authority, including:   

i. The enterprise’s name in Vietnamese and foreign language, abbreviated name; head office address; information on the Certificate of Enterprise Registration or Certificate of Investment Registration;   

ii. License number, issuance date, and expiration date of the license;   

iii. Type of telecommunications network and scope of network establishment;   

iv. Type of telecommunications services and scope of telecommunications services permitted for business. 

6. Duration of the License for providing telecommunications services without network infrastructure 

• The license duration shall not exceed 10 years for enterprises providing telecommunications services without network infrastructure. 

• Enterprises may apply for an extension of the license duration. 

Related posts

1. Regulations on wholesale telecommunications activities under the Law on Telecommunications 2023
2. Decree No. 163/2024/ND-CP on elaboration of some articles and measures for enforcement of law on telecommunications
3. Circular 08/2024/TT-BTTTT on elaborating regulations on telecommunications wholesaling

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