During the regular press conference in December 2023, the Ministry of Information and Communications (MIC) informed about some highlights of the Telecommunications Law (amended) recently passed by the National Assembly, Mr. Nguyen Phong Nha – Deputy Director of the Department of Telecommunications (Ministry of Information and Communications) said that on November 24, 2023, the National Assembly voted to pass the Telecommunications Law (amended) with an approval rate of 94.74%.
Accordingly, the Telecommunications Law (amended) includes: 10 chapters, 73 articles, effective from July 1, 2024; Regulations on management of data center services (IDC), cloud computing, and basic telecommunications services on the Internet (OTT telecommunications) take effect from January 1, 2025.
The Deputy Director of the Department of Telecommunications pointed out some new points of the Telecommunications Law (amended) compared to the current Law:
Regarding management and development of “digital infrastructure”: “Digital infrastructure” is mentioned for the first time in a legal document (Article 4). The supplementary law further regulates a number of key components of “digital infrastructure” including: Data centers, cloud computing. IDC/cloud service is a telecommunications service, managed according to telecommunications law and managed in the direction of “light management”, open, flexible, aiming to protect users’ rights, ensure safety, security.
Regarding the management of telecommunications OTT services according to telecommunications law, in the direction of “light management” aimed at protecting the rights of users (OTT must declare quality, protect data and personal information); ensure safety and security (OTT must provide information to State agencies when requested).
Regarding telecommunications infrastructure development, according to Mr. Nha, the Additional Law stipulates that telecommunications works be built and installed on public property; Increase the common use of inter-industry infrastructure such as: Investors of technical infrastructure construction projects (transportation, construction, etc.) must notify telecommunications businesses to register for common use. ;
Regulating the responsibilities of investors building apartment buildings, public works, functional areas, etc. in designing, constructing, and arranging premises for construction and installation of telecommunications infrastructure; Additional responsibilities of People’s Committees at all levels and relevant Ministries and branches to handle acts that hinder the legal construction of telecommunications infrastructure.
Regarding the auction of telecommunications number warehouses, the Deputy Director of the Department of Telecommunications said that the Law clearly stipulates to proceed with the issuance of telecommunications numbers through auction. The choice of auctioned telecommunications codes and numbers will be decided by the market; Specify the starting price for each type of code, telecommunications number, and Internet domain name up for auction.
In addition, the Ministry must also deal with “telecommunications waste”, which is a matter of great social concern. The law adds the obligation of businesses to authenticate, store and manage subscriber information; Handling SIMs with incomplete or inaccurate information; Prevent spam messages, spam calls, and scam calls to create a legal corridor to minimize violations of the law through the use of telecommunications services. Supplementing acts prohibiting the use of equipment and software to send, transmit, and receive information via telecommunications networks to commit illegal acts.
What will the revised Telecommunications Law facilitate and mean for businesses? Mr. Nha said that the Telecommunications Law (amended) will create conditions for businesses to access and share infrastructure more easily, be transparent in accessing digital warehouse resources, as well as share the same infrastructure. floors, infrastructure development on public assets.
“Surely businesses will have clear conditions in their development and business,” Mr. Nha affirmed.
With new regulations as well as amendments to the inadequacies in the Law from 2009 to present, Mr. Nha said, the Telecommunications Law is expected to complete the inadequacies over the past 12 years. At the same time, creating a new business environment, promoting businesses to grow stronger, bringing new experiences to users as well as protecting consumer rights in the online environment.
In the coming time, the Ministry of Information and Communications will implement a number of plans to prepare to bring the revised Telecommunications Law into real life such as: Continue to research and complete documents guiding the implementation of the Law. Coordinate with relevant agencies and organizations to organize training and dissemination of the Law to relevant agencies, organizations and individuals to raise awareness and understanding of relevant subjects about the Law. Strengthen inspection and examination of the implementation of the Law, to ensure that the Law is implemented seriously and in accordance with regulations.
To strengthen management, the Ministry of Information and Communications will coordinate with relevant agencies and organizations to carry out propaganda activities and disseminate the Law widely to the people, in order to raise people’s awareness of the importance of law. Law and its regulations.