What are the fines imposed on mobile telecommunications service providers for failing to connect with the database of Ministry of Public Security in Vietnam?

What are the fines imposed on mobile telecommunications service providers for failing to connect with the database of Ministry of Public Security in Vietnam?

Pursuant to Clause 10.dd and 13.c, Article 33 of the Decree 15/2020/NĐ-CP stipulating 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;

dd) Failing to connect the centralized database of the mobile telecommunications service provider with the database of Ministry of Information and Communications or of Ministry of Public Security;

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13. Additional penalties:

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c) Suspend the development of new subscribers from 01 to 03 months for the violations specified in Clauses 9 and 10 of this Article;

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 mobile telecommunications service providers for failing to connect the centralized database of the mobile telecommunications service provider with the database of Ministry of Public Security in Vietnam.

In addition, the development of new subscribers shall be suspended from 01 to 03 months.

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;

What are principles for providing public-utility telecommunication services in Vietnam?

Pursuant to Clause 1 Article 14 of the Decree 25/2011/NĐ-CP stipulating principles for providing public-utility telecommunication services in Vietnam as follows:

+ Developing telecommunication technical infrastructure, widely providing telecommunication throughout the nation, in which priority is for remote areas, border and island areas, and particularly difficult areas where telecommunication enterprises can not afford an effective business under market mechanisms;

+ Ensuring the right to equal and reasonable access for all people, and from time to time, the State shall set forth preferential policy to provide or support terminals and public-utility telecommunication services to poor households, near-poor households, families under preferential treatment policy and subjects under other special policy;

+ Supporting the development of telecommunication technical infrastructure, terminals and providing public-utility telecommunication services is done by enterprises that provide public-utility telecommunication services, terminal-producing enterprises or directly to users of telecommunication services.

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