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.

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.
- Read More
Phuong Tien Minh appointed CEO of life insurer FWD Vietnam
FWD Group Holdings Limited has appointed Phuong Tien Minh as CEO of FWD Vietnam Life Insurance Company Limited (FWD Vietnam), effective Thursday, March 27.
Finance - Sat, March 29, 2025 | 10:40 am GMT+7
Vietnam's Deputy PM backs formation of free trade zone in Binh Dinh province
Vietnam’s Deputy Prime Minister Nguyen Chi Dung on Friday expressed his support for an early study of a free trade zone in Phu My Port area, the south-central province of Binh Dinh.
Economy - Sat, March 29, 2025 | 8:25 am GMT+7
Vietnam offers numerous advantages for Skoda Auto's investment: executive
Vietnam offers a range of advantages for investment by Czech automaker Skoda Auto, including its seaport system, logistics infrastructure, and skilled labor, the company’s chairman and CEO Klaus Zellmer said on Thursday.
Industries - Fri, March 28, 2025 | 7:33 pm GMT+7
Vietnam plans to cut import tax for LNG to 2%
Vietnam’s Ministry of Finance is drafting a decree on preferential import tax for some products, including a proposal of 2% tax rate for LNG.
Energy - Fri, March 28, 2025 | 4:31 pm GMT+7
AES’s $2.1 bln LNG power project needs solutions to meet deadline: Vietnam authorities
The 2,250-MW Son My 2 LNG-fired power project, invested by the U.S.'s AES and state-run Petrovietnam subsidiary PV Gas, “needs solutions” to meet its deadline.
Energy - Fri, March 28, 2025 | 4:06 pm GMT+7
Over $9 bln pledged for investment projects in central Vietnam province Binh Dinh
Binh Dinh province on Friday handed over MoUs on investment cooperation, in-principle approvals and investment registration certificates to 62 projects worth over VND231 trillion ($9.03 billion).
Industries - Fri, March 28, 2025 | 4:05 pm GMT+7
Vietnam's giant Vingroup eyes mullti-billion-dollar renewable, LNG power projects
Vietnam's leading private conglomerate Vingroup is seeking the government's permission to develop seven renewable energy projects worth $20-25 billion and a $5.5 billion LNG-fired power project from 2025-2030.
Energy - Fri, March 28, 2025 | 1:09 pm GMT+7
While the buzz around a market upgrade is back, who is this milestone for?
A key issue for the Vietnamese stock market is the underdevelopment of the institutional investor base. The dominance of retail investors can create heightened volatility, which, in turn, reduces the incentive for high-quality companies to list on the stock exchange, writes Gary Harron, head of securities services at HSBC Vietnam.
Consulting - Fri, March 28, 2025 | 10:31 am GMT+7
Vietnam's private lender VIB seeks strategic shareholders: chairman
Vietnam International Bank's (VIB) board of directors is now in discussions with banks and investment funds to find suitable partners for the lender, ensuring a mutually beneficial partnership that goes beyond finance.
Banking - Fri, March 28, 2025 | 8:31 am GMT+7
Vietnam tech giant FPT opens semiconductor R&D center in central Vietnam
Vietnam’s leading tech group FPT on Thursday inaugurated its high-tech and semiconductor R&D center at the Danang Software Park No. 2 in the central city of Danang.
Industries - Fri, March 28, 2025 | 8:00 am GMT+7
HCMC's international financial center development to be phased out: city leader
Ho Chi Minh City aims to become an international financial center, with related development plan divided into three phases, said Vo Van Hoan, its Vice Chairman.
Economy - Thu, March 27, 2025 | 11:11 pm GMT+7
Car producers in Thailand postpone export models
Car manufacturers in Thailand have decided to delay making some models for export due to U.S. President Donald Trump's new tariff policy.
Southeast Asia - Thu, March 27, 2025 | 10:17 pm GMT+7
Indonesia approves $7 bln budget for food security in 2025
Indonesia’s Ministry of Finance on Wednesday announced that the government has approved a budget of IRD118 trillion ($7.1 billion) for food security programs in 2025.
Southeast Asia - Thu, March 27, 2025 | 10:14 pm GMT+7
Honda Vietnam rolls out first domestically produced electric scooter
Honda Vietnam has officially launched its first domestically produced electric scooter, the ICON e:, marking a significant step in the company’s electrification and sustainable mobility strategy in Vietnam.
Southeast Asia - Thu, March 27, 2025 | 10:09 pm GMT+7
Vietnam's Quang Ngai seaport system requires over $420 mln investment by 2030
The seaport system in the central Vietnam province of Quang Ngai will need about VND10.83 trillion ($423.54 million) in investment by 2030, according to the detailed 2021-2030 development plan for local seaport land and water areas, with a vision to 2050.
Southeast Asia - Thu, March 27, 2025 | 10:06 pm GMT+7
Leading steelmaker Hoa Phat targets record revenue on partial operation of central Vietnam plant
Hoa Phat Group, Vietnam’s top steelmaker, targets a record-high revenue in 2025, driven by the expected partial operation of a steel and iron complex in the central region this year.
Companies - Thu, March 27, 2025 | 8:10 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
-
Vietnam budget carrier Vietjet to receive Boeing 737 Max aircraft from July