New law on telecoms seeks to protect user rights, facilitate industry development
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.
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.
- Read More
Indonesia targets comprehensive fuel subsidy scheme reform
Indonesian Energy Minister Bahlil Lahadalia has said the country is conducting a thorough exercise to reform its fuel subsidy scheme.
Southeast Asia - Mon, November 4, 2024 | 10:50 pm GMT+7
Tech companies invest in data centers in Thailand
Thailand’s Board of Investment (BOI) has approved investment support for two large data centre projects in the country worth over THB60 billion ($1.7 billion).
Southeast Asia - Mon, November 4, 2024 | 10:49 pm GMT+7
Indonesia upgrades sea wall system to protect Jakarta
Indonesian Coordinating Minister for Infrastructure and Regional Development Agus Harimurti Yudhoyono has stated that the construction of sea walls was one of the priorities of President Prabowo Subianto.
Southeast Asia - Mon, November 4, 2024 | 10:47 pm GMT+7
Where real estate and urban development meet
The Transit-Oriented Development (TOD) itself, if properly planned and implemented, can lower the barrier to the use of public transport, lessen the dependency on private vehicles, contributing to the liveability of communities and cities, write Avison Young Vietnam analysts.
Consulting - Mon, November 4, 2024 | 8:49 pm GMT+7
AI helps sellers offer competitive prices on e-commerce platforms: Lazada trainer
When sellers carry out promotions on e-commerce platforms, artificial intelligence can help ensure their prices remain competitive, says Nguyen Tran Tin, a seller and trainer at Lazada Academy.
Companies - Mon, November 4, 2024 | 8:07 pm GMT+7
Vietnam plans $7.3 bln rail route linking 2 northern provinces bordering China
Vietnam Railway Authority under the Ministry of Transport has proposed a 448-km long, VND183,856 billion ($7.26 billion) route running between the northern provinces of Lao Cai and Quang Ninh, both sharing a border with China.
Infrastructure - Mon, November 4, 2024 | 7:14 pm GMT+7
Vietnam agribusiness HAGL trains focus on domestic market, inks pact with Kingfoodmart
Vietnamese agri major Hoang Anh Gia Lai JSC (HAGL) is looking to tap domestic market potential afresh by distributing its products through the Kingfoodmart supermarket chain.
Companies - Mon, November 4, 2024 | 7:08 pm GMT+7
Mixed performance by Vietnam commercial banks in Q3
Vietnamese commercial banks have had a mixed third quarter, with some reporting substantial profit gains while others seeing steep declines or even losses.
Banking - Mon, November 4, 2024 | 4:52 pm GMT+7
Vietnam’s Vingroup, UAE's NMDC to collaborate in offshore wind power
Vietnam’s leading conglomerate Vingroup and the UAE-based NMDC Group will collaborate in offshore wind power, the latter said in a recent filing sent to the Abu Dhabi Securities Exchange (ADX).
Energy - Mon, November 4, 2024 | 4:20 pm GMT+7
Military-run Viettel Group has 2 more deputy general directors
General Phan Van Giang, Minister of National Defence, has appointed Cao Anh Son and Nguyen Dat as deputy general directors of Military Industry and Telecommunications Group (Viettel Group), starting last Friday.
Companies - Mon, November 4, 2024 | 3:14 pm GMT+7
Mega Long Thanh airport first phase should be completed in Sept 2026: senior parliament official
Relevant agencies should prepare to complete the first phase of the $14-billion Long Thanh International Airport project on September 2, 2026, as soon as the Vietnamese National Assembly approves changes to the project, said a senior parliament member.
Infrastructure - Mon, November 4, 2024 | 12:44 pm GMT+7
Fed rate cuts, upgrading efforts to lure foreign investors back into Vietnam stock market: VinaCapital
The U.S. Fed’s rate cut cycle and the Vietnamese government’s fresh efforts to upgrade the local stock market status are likely to bring foreign investors back into the stock market next year, according to VinaCapital.
Finance - Mon, November 4, 2024 | 11:42 am GMT+7
Foxconn’s subsidiary Shunsin to invest $80 mln in northern Vietnam to produce integrated circuits
Shunsin Technology (Bac Giang, Vietnam) Limited, a subsidiary of Taiwanese giant Foxconn, will invest $80 million in Vietnam’s northern province of Bac Giang to produce integrated circuits (IC).
Industries - Mon, November 4, 2024 | 10:44 am GMT+7
Q3 earnings of Vietnam’s listed firms up 21.6%: FiinGroup
Net profits of listed companies in Vietnam increased 21.6% year-on-year in the third quarter of this year, maintaining a stable growth rate since the start of this year, according to local financial data provider FiinGroup.
Finance - Mon, November 4, 2024 | 9:31 am GMT+7
Thailand SCG’s revenue in Vietnam up 15% to $1.1 bln in Jan-Sept
Thailand’s Siam Cement Group (SCG) recorded a revenue of THB36.71 billion ($1.08 billion) in Vietnam in the first nine months of this year, up 14.7% year-on-year.
Companies - Mon, November 4, 2024 | 8:00 am GMT+7
Nghiem Xuan Thanh appointed Party chief of Khanh Hoa province
Nghiem Xuan Thanh, Party chief of Hau Giang province, was appointed by the Politburo, the country’s supreme decision-making body, to be Khanh Hoa province’s Party chief for the 2020-2025 term.
Politics - Sun, November 3, 2024 | 7:45 pm GMT+7
- Travel
-
Indian billionaire to visit Vietnam’s Ha Long Bay with 4,500 employees
-
Vietnam in talks on visa exemptions with 15 countries to boost tourism
-
Foreign businesses in Vietnam urge relaxation of visa, work permit requirements
-
AI can be a game changer for Vietnam tourism
-
Google Doodle honors world's largest cave Son Doong
-
Four Vietnam airports to suspend operations as typhoon 'strongest in a decade' approaches