To meet the trend of transforming telecommunications infrastructure into digital infrastructure and to create a clear and equitable legal environment for businesses, the Telecommunications Law of 2023 has adjusted the conditions for issuing telecommunication operating licenses (in Article 38).

A license for installing telecommunications cables at sea is granted to Vietnamese or foreign organizations when they meet the following conditions: Commitment to comply with Vietnamese law; Commitment not to pollute the marine environment; Commitment to only conduct surveys, installation, maintenance, repair, and recovery of telecommunication cables; Having a cable installation project that aligns with the information and communication infrastructure planning, and regulations on national defense, security, environmental protection, and other relevant laws; Commitment to undergo inspection, supervision, and guidance by competent state authorities during the survey, installation, maintenance, repair, and recovery of cables in Vietnam’s sea areas and bear all costs for these activities.

A license to establish a private telecommunications network is granted to an organization when it meets the following conditions: Commitment to establish a private telecommunications network solely to provide services to the network’s members, not for profit; Having a technical and operational plan that complies with the information and communication infrastructure planning, and the regulations of the Telecommunications Law of 2023 on telecommunications resources, connectivity, telecommunications standards, and technical regulations; Having measures to ensure the safety of telecommunications infrastructure, network information security, and cybersecurity.

A license for testing telecommunications networks and services is granted to telecommunications enterprises when they meet the following conditions: The service proposed for testing is a telecommunications service not yet stipulated in the existing telecommunication license or a telecommunications service that uses telecommunications resources beyond the allocated scope; The scope and scale of testing are limited to evaluate technology and the market before official business operations; The testing plan complies with the regulations on connectivity, service pricing, telecommunications standards, and technical regulations.

A license to establish a telecommunications network under point d, clause 3, Article 33 of the Telecommunications Law of 2023 is granted to an organization when it meets the following conditions: Commitment to establish a telecommunications network solely to provide services not for profit; Having a technical plan that complies with the information and communication infrastructure planning, the regulations of the Telecommunications Law of 2023 on telecommunications resources, connectivity, telecommunications standards, technical regulations, service quality, ensuring the safety of telecommunications infrastructure, and protecting the legal rights and interests of telecommunications service users and other relevant laws.

This law takes effect from July 1, 2024.

This bulletin is for informational purposes only regarding newly enacted legal regulations and is not intended for advising or applying to specific cases.

Bizlawyer is honored to accompany our esteemed readers!