Fines imposed on mobile telecommunications service providers for failing to review and check subscriber information stored in the centralized database in Vietnam

What are the fines imposed on mobile telecommunications service providers for failing to review and check subscriber information stored in the centralized database in Vietnam?

Pursuant to Clause 10.d Article 33 of the Decree 15/2020/NĐ-CP stipulating the fines for failing to review and check subscriber information stored in the centralized database in Vietnam as follows:

Violations against regulations on conclusion of standard form contracts or contracts containing general terms and conditions, retention and use of subscriber information

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10. A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed on a mobile telecommunications service provider for the commission of one of the following violations:

a) Failing to establish technical system or centralized database to input, store and manage subscriber information;

b) Failing to maintain a centralized database containing adequate subscriber information as prescribed or maintaining a centralized database lacking one of the following information fields: date of starting using services, operating status, quantity of subscriber numbers used by an individual or organization, and date of terminating services;

c) Failing to store subscriber information or storing inadequate subscriber information during the use of service by a subscriber, or failing to store subscriber information on the database for at least 02 years with regard to subscribers that have terminated or transferred the rights to use services;

d) Failing to adopt internal procedures for reviewing and checking subscriber information stored in the centralized database;

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Pursuant to Clause 3 Article 4 of the Decree 15/2020/NĐ-CP stipulating as follows:

Penalties and remedial measures

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3. The fines prescribed in Chapter II to Chapter VII hereof are imposed for administrative violations committed by organizations, except the administrative violations mentioned in Article 106 hereof. The fine imposed on an individual shall be half the one imposed on an organization for committing the same violation.

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As regulations above, a fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed on mobile telecommunications service providers for failing to adopt internal procedures for reviewing and checking subscriber information stored in the centralized database in Vietnam.

Which documents shall be submitted for when concluding contracts for use of subscriber information in Vietnam?

Pursuant to Clause 8 Article 15 of the Decree 25/2011/NĐ-CP (amended by Article 1 of the Decree 49/2017/NĐ-CP) stipulating as follows:

Conclusion of standard form contracts or contracts containing general terms and conditions, retention and use of subscriber information

1. The conclusion of standard form contracts or contracts containing general terms and conditions (hereinafter referred to as the “Contract”) must be performed at points of telecommunications services (hereinafter referred to as the “POS”), consisting of:

a) POS with determined address established by telecommunications enterprises;

b) Mobile POS established by telecommunications enterprises;

c) POS with determined address established by another enterprise with the authorization of the telecommunications enterprise under an authorization contract to conclude Contracts for supply of telecommunications services (hereinafter referred to as “Authorized POS).

2. A POS is eligible for performing the conclusion of Contracts when it satisfies all of the following requirements:

a) Have a signboard showing the following information: “Point of Telecommunications Services”; name or trademark of the telecommunications enterprise that establishes or gives authorization to the POS; address; contact telephone number;

b) Post the standard form contract and the contract containing general terms and conditions for supply of telecommunications services; process of concluding Contract; the original or the certified copy of the authorization contract signed by and between the telecommunications enterprise and the enterprise establishing the authorized POS;

c) Equip enough equipment for inputting paper-based information of clients; digitizing their documents; taking photos of persons concluding Contracts (for mobile telecommunications services) and transmitting information, digital representations of documents and photos to the telecommunications enterprise’s centralized database. Documents and photos must be clearly and sharply digitized and taken; digital representations must include sufficient information specified in paper documents presented by clients when concluding the Contracts; photo must include date and time of taking photo;

d) Ensure that the employees who are responsible for performing the conclusion of Contracts have successfully completed training courses in process and procedures thereof.

3. When concluding a Contract, a client is required to present the following documents:

a) For individual clients: the original of unexpired passport or ID card or citizen’s identity card (if the client is a Vietnamese citizen), or passport which is still valid for use in Vietnam (if the client is a foreigner) (hereinafter referred to as “identity papers”);

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As regulations above, when concluding a Contract, an individual client is required to present the following documents:

The original of unexpired passport or ID card or citizen’s identity card (if the client is a Vietnamese citizen), or passport which is still valid for use in Vietnam (if the client is a foreigner) (hereinafter referred to as “identity papers”).

What are responsibilities of telecommunications enterprises in Vietnam?

Pursuant to Clause 8 Article 15 of the Decree 25/2011/NĐ-CP (amended by Article 1 of the Decree 49/2017/NĐ-CP) stipulating as follows:

+ Ensure that its POS strictly complies with regulations in Clauses 2, 4 of this Article. Telecommunications enterprise shall assume responsibility under the law for subscriber information collected, collated, stored and managed at the POS as regulated;

+ Establish technical system and centralized database to input, store and manage information collected in course of supply of services to subscribers, including:

++subscriber information;

++ the commencement date when the service is available for the subscriber;

++ subscriber status: active, one-way deactivation (receiving incoming calls only) or two-way deactivation (this subscriber number can neither make nor receive calls);

++ the quantity of subscriber numbers;

++ date of termination of services (in case of termination or transfer of right to use the services).

Information concerning subscribers that terminate or transfer the right to use the services must be stored within duration of at least 2 years;

+ Connect its centralized database with the database of Ministry of Information and Communications and that of Ministry of Public Security as regulated by law;

+ Provide sufficient information; demonstrate that subscriber information stored in its centralized database has been properly collected, collated, stored and managed as regulated; arrange personnel and technical facilities at its branches to serve the inspection of subscriber information upon the request of a competent state authority;

+ Formulate and implement internal procedures for checking subscriber information stored in its centralized database to ensure the strict adherence to regulations;

+ Give notification in five consecutive days, once every day, to subscribers whose information fails to comply with regulations herein, and request them to conclude new Contracts.

After 15 days as from the date of the first notification, one-way service shall be suspended if the client fails to make response, and the client is also informed that after 15 days as from the date of suspension of one-way service, two-way service shall be suspended if no response is made.

After 15 days as from the date of suspension of one-way service, two-way service shall be suspended if no response is given by the client, and the client is also informed that after 30 days as from the date of suspension of two-way service, the Contract shall be finalized if the telecommunications enterprise receives no response from such client.

After 30 days as from the date of suspension of two-way service, the Contract for supply of telecommunications services shall be finalized if no response is given by the client;

Best regards!