New law on telecoms seeks to protect user rights, facilitate industry development

By Anh Dang
Mon, December 4, 2023 | 7:00 am GMT+7

The amended Law on Telecommunications, recently approved by the parliament, applies a “light management” approach which is open and flexible, aiming to protect users' rights, ensure safety and security, and facilitate the development of services, wrote Anh Dang, a senior partner at VILAF law firm.

The National Assembly, Vietnam's highest legislative body, on November 24 passed the amended Law on Telecommunications. The new law includes 10 chapters, 73 articles, regulations on telecommunications activities, rights and obligations of organizations and individuals participating in telecommunications activities, and state management of telecommunications.

This article will discuss the changes enacted under the new law, the consequences of such changes, the potential challenges in its implementation, and relevant recommendations on the content of guiding regulations.

Changes in the new law

There are a number of notable changes in the new law. Firstly, the scope of regulation is extended to incorporate new services: data centers, cloud computing, and basic telecommunications on the internet. This expansion is aimed at catering for new demands in the market that are trending toward digital transformation and convergence between telecommunications and information technology.

The new law also applies a “light management” approach which is open and flexible, aiming to protect users' rights, ensure safety and security, and facilitate the development of services.

Additionally, no foreign ownership limit is applied in relation to these new services, and they are exempt from a number of obligations which traditional telecommunications are subject to such as payment to the Public-Utility Telecommunications Service Fund and operating rights fees.

Secondly, the new law also permits the construction and installation of telecommunications projects on public land and promotes the common use of interdisciplinary infrastructure between telecommunications and other technical infrastructure projects.

The law adds that investors in apartment buildings, public works, functional areas, and industrial clusters are obliged to build telecommunications technical infrastructure.

Simultaneously, these investors are required to design, build, manage and use telecommunications technical infrastructure to meet the needs of at least two telecommunications enterprises. Similarly, law supplements additional responsibilities of people's committees at all levels and relevant ministries and branches to handle acts that hinder the legal construction of rural telecommunications infrastructure.

Thirdly, the law supplements and completes the legal framework surrounding the Vietnam Fund for Public-Utility Telecommunications Services. Specifically, the new law adds provisions on the principles of public-utility telecommunications operations providing regulations on methods of implementation and the responsibilities of relevant parties.

Fourthly, the law now specifically regulates types of telecommunications resources granted through auction. The choice of auction codes and telecommunications numbers will be decided by the market. At the same time, the new law specifically regulates the point price for each type of code, telecommunications number, and internet domain name be put up for auction.

Finally, telecommunications services providers are charged with the responsibility of preventing messages, calls from unwanted callers, and calls with signs of fraud. Users are also prohibited from using their personal information to register for other people’s phone numbers.

To protect the interests of telecommunications service users, the latest Law on Telecommunications also clarifies the responsibilities of telecommunications enterprises in ensuring the confidentiality of users' information, protecting users' personal data, and ensuring service quality. These are some of the few measures to strengthen security in the telecommunications space.

5G wireless technology is meant to deliver higher multi-Gbps peak data speeds, ultra low latency, more reliability, massive network capacity, increased availability, and a more uniform user experience to more users. Photo courtesy of Cellphones.

5G wireless technology is meant to deliver higher multi-Gbps peak data speeds, ultra low latency, more reliability, massive network capacity, increased availability, and a more uniform user experience to more users. Photo courtesy of Cellphones.

Consequences of the new law

In the age of digital transformation, data becomes the most important resource of the digital economy. Therefore, many countries attach great importance to data center infrastructure, cloud computing, and offer policies and regulations for management.

The general legal environment in Vietnam has also transformed significantly over the past decade. Since 2010, Vietnam has enacted numerous new laws such as the Enterprise Law, Investment Law, Competition Law, and Planning Law, with many changes related to the telecommunications field.

The revised Law on Telecommunications has been researched and developed based on international experience, development trends, and the practical requirements of Vietnam's telecommunications industry, overcoming institutional problems and inadequacies in previous regulations.

In addition, the new law will be consistent with the Vietnamese legal system and compatible with international commitments to which Vietnam is a member, contributing to the simplification of administrative procedures, and orienting the development of universal broadband telecommunications infrastructure, data centers, and cloud computing in a sustainable and modern way, forming digital infrastructure to meet the requirements of digital economic and social development, contributing to ensuring national defense, security and improving the people's quality of life.

Difficulties implementing the new law

Although the Law on Telecommunications rectifies a number of issues existing in its predecessor, certain provisions remain ambiguous and may be difficult to implement.

Firstly, Article 4 of the new law specifies a number of state policies on telecommunications. However, these provisions remain general and the new law fails to specify the measures to achieve these aims.

Secondly and more importantly, with the development of technology, telecommunications services, including basic services, can be provided on the internet, even on a cross-border basis.

This raises the problem of managing OTT telecommunications services on the internet to ensure safety and security while maintaining the growth of the domestic OTT telecommunications market. As explained above, while the new law has expanded its scope to incorporate OTT services, it still applies a “light management” approach. It remains unclear whether this new approach will be able to draw the perfect balance in the management of OTT telecommunications.

Thirdly, the provisions on cross-border provisions of telecommunications services remain underdeveloped. The new law generally only requires that foreign organizations provide basic telecommunications services on the internet on a cross-border basis to service users in the Vietnamese territory on the principles of respecting independence, sovereignty, equality, ensuring safety and security of information, and adhering to commitments made in international treaties. Further guidance from the government is required.

Recommendations

In terms of recommendations on guiding regulations, provisions should fill in some of the gaps in the new law mentioned above to provide a comprehensive framework for enterprises to adhere to.

This is especially important because previously, in Decree 25/2011/ND-CP, the scope of the legislation did not encompass OTT telecommunications services which play an important role in today’s market. Additionally, clearer guidance on cross-border services is indispensable.

Since telecommunications services have a serious impact on national security as well as other political aspects, specific criteria on safety, national security, and public policy goals must be stipulated.

Appropriate control should be exerted over Vietnamese telecommunications enterprises which enter into commercial agreements with foreign organizations providing cross-border telecommunications services to users in Vietnamese territory.

During this transition period, it is also important for government authorities to harmonize between the guiding regulations under the Law on Telecommunications 2009 and the new law.

Comments (0)
  • Read More
State-owned giant Petrovietnam seeks to develop eco-energy, industrial center

State-owned giant Petrovietnam seeks to develop eco-energy, industrial center

Petrovietnam is studying a large-scale eco-energy and industrial center project in the country which will be a vital driving force of the group's future development and "a matter of survival", said chairman Le Manh Hung.

Energy - Fri, July 25, 2025 | 3:23 pm GMT+7

Standard Chartered puts Vietnam's 2025 growth forecast at 6.1%, country aims for 'at least 8%'

Standard Chartered puts Vietnam's 2025 growth forecast at 6.1%, country aims for 'at least 8%'

Standard Chartered has revised its 2025 GDP growth projection for Vietnam to 6.1%, down from 6.7% early this year.

Economy - Fri, July 25, 2025 | 2:51 pm GMT+7

Malaysia strives to transform Kuala Lumpur into flagship AI-driven smart city

Malaysia strives to transform Kuala Lumpur into flagship AI-driven smart city

Malaysia identifies AI as a key strategic driver to turn Kuala Lumpur into its leading smart city towards a livable, sustainable urban model and enhancing its competitiveness in ASEAN, according to Malaysian Digital Minister Gobind Singh Deo.

Southeast Asia - Fri, July 25, 2025 | 1:50 pm GMT+7

Bridgestone holds 25% of Vietnam’s passenger tire market: exec

Bridgestone holds 25% of Vietnam’s passenger tire market: exec

Vietnamese consumers purchase approximately 3 million passenger tires annually, with Bridgestone holding a 25% share of the market, said Nguyen Ngoc Dung, senior national sales manager for the passenger tire group at Bridgestone Vietnam.

Companies - Fri, July 25, 2025 | 1:43 pm GMT+7

Vietnam securities firms see diverging profits in Q2

Vietnam securities firms see diverging profits in Q2

The top 10 securities companies on the Ho Chi Minh Stock Exchange (HoSE) experienced mixed earnings in Q2 amid the strong rebound of the benchmark VN-Index.

Finance - Fri, July 25, 2025 | 12:55 pm GMT+7

Vietnam's retail space market rebounds after massive crackdowns on counterfeit goods

Vietnam's retail space market rebounds after massive crackdowns on counterfeit goods

The presence of numerous international brands in Ho Chi Minh City and Hanoi signals that Vietnam's retail market remains attractive, and following a wave of authorities' crackdowns on counterfeit goods, consumers are expected to benefit from a more sustainable market.

Real Estate - Fri, July 25, 2025 | 10:46 am GMT+7

Vietnam's plastics heavyweight Tien Phong sees record-high quarterly profit

Vietnam's plastics heavyweight Tien Phong sees record-high quarterly profit

Tien Phong Plastic JSC, a top plastics manufacturer in Vietnam, posted an after-tax profit of VND320.5 billion ($12.26 million) in Q2/2025, up 34.5% year-on-year and an all-time quarterly high.

Companies - Fri, July 25, 2025 | 9:00 am GMT+7

VinFast partners with 12 major banks to accelerate green transport in Hanoi

VinFast partners with 12 major banks to accelerate green transport in Hanoi

Vietnamese electric vehicle maker VinFast, a subsidiary of Vingroup, on Thursday signed a cooperation agreement with 12 financial institutions to promote the transition from gasoline-powered vehicles to electric ones in Hanoi.

Companies - Thu, July 24, 2025 | 10:43 pm GMT+7

Thailand submits final proposal in tariff talks with US

Thailand submits final proposal in tariff talks with US

Thailand has entered the final stage of negotiations with the U.S. on tariffs, hoping to achieve a tax rate that is competitive with regional partners before the August 1 deadline.

Southeast Asia - Thu, July 24, 2025 | 10:39 pm GMT+7

Vietnam’s expressway giant VEC lands huge state capital boost

Vietnam’s expressway giant VEC lands huge state capital boost

State-owned expressway developer Vietnam Expressway Corporation (VEC) has seen its charter capital rise by over VND37.5 trillion to VND38.62 trillion ($1.48 billion) this year, as per a decision signed by Minister of Finance Nguyen Van Thang.

Companies - Thu, July 24, 2025 | 10:26 pm GMT+7

Vietnam’s food giant Kido to acquire 41% stake in operator of HCMC mall

Vietnam’s food giant Kido to acquire 41% stake in operator of HCMC mall

Kido Group (HoSE: KDC), a leading food company in Vietnam, has announced its plan to acquire a 41% stake in Bac Binh Construction Investment JSC, the operator of Van Hanh Mall – one of the largest shopping centers in Ho Chi Minh City.

Real Estate - Thu, July 24, 2025 | 10:14 pm GMT+7

Vietnam remains Nike’s biggest manufacturing hub for 3rd year in row

Vietnam remains Nike’s biggest manufacturing hub for 3rd year in row

Vietnam remains Nike’s largest manufacturing base globally for the third fiscal year running, according to the U.S. sportswear giant’s annual report for fiscal year 2025 ending in May.

Companies - Thu, July 24, 2025 | 4:24 pm GMT+7

Gia Binh to be northern Vietnam’s largest airport as scale largely revised up

Gia Binh to be northern Vietnam’s largest airport as scale largely revised up

Gia Binh International Airport in Bac Ninh province, an industrial hub neighboring Hanoi, is set to surpass Noi Bai as northern Vietnam’s largest airport, after the construction ministry approved adjustments to its projected capacity and land area.

Infrastructure - Thu, July 24, 2025 | 3:25 pm GMT+7

Ho Chi Minh City powers up as industrial giant post-merger

Ho Chi Minh City powers up as industrial giant post-merger

Vietnam’s southern economic engine Ho Chi Minh City is shifting into high gear, fueled by a landmark merger with neighboring industrial hubs Binh Duong and Ba Ria-Vung Tau.

Companies - Thu, July 24, 2025 | 2:04 pm GMT+7

Malaysia announces cash aid, fuel price cut amid inflation

Malaysia announces cash aid, fuel price cut amid inflation

Malaysian Prime Minister Anwar Ibrahim on Wednesday announced new measures to address growing public concern about the rising cost of living, including a cash handout for all adult citizens and a promise to lower fuel prices.

Southeast Asia - Thu, July 24, 2025 | 1:44 pm GMT+7

Ca Na LNG-fueled power project in central Vietnam draws only one bid

Ca Na LNG-fueled power project in central Vietnam draws only one bid

A consortium comprising multi-sector corporation Trungnam Group and Sideros River has been the sole bidder to date for the 1,500 MW Ca Na LNG-to-power project in Vietnam’s south-central province of Khanh Hoa, according to local authorities.

Investing - Thu, July 24, 2025 | 1:21 pm GMT+7