Thông tư 12/2013/TT-BTTTT hướng dẫn cấp giấy phép kinh doanh dịch vụ viễn thông

 THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 12/2013/TT-BTTTT dated May 13, 2013 of the Ministry of Information and Communications guiding the licenses on telecommunications services

Pursuant to the Law on telecommunications dated November 23, 2009;

Pursuant to the Decree No. 25/2011/ND-CP dated April 06, 2011 of the Government detailing and guiding the implementation of a number of articles of the Telecommunications Law;

Pursuant to the Decree No. 187/2007/ND-CP dated December 25, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication; Pursuant to the Decree No. 50/2011/ND-CP dated June 24, 2011 of the Government amending the Decree No. 187/2007/ND-CP dated December 25, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Vietnam Telecommunications Authority;

The Minister of Information and Communications issues a Circular guiding the licenses on telecommunications services,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides guiding the licenses on telecommunications services, including issuance, adjustment, extension, reissuance of licenses to establish public telecommunications network and licenses to provide telecommunications services.

2. The issuance of licenses to provide telecommunications services shall comply with specialized laws.

Article 2. Subjects of application

This Circular is applicable to enterprises applying for licenses for telecommunications services, organizations and individuals relating to the issuance of licenses and management of telecommunications services in Vietnam.

Article 3.License for telecommunications services

1. To provide telecommunications services, telecommunications services providers having network infrastructure must obtain licenses to establish public telecommunications network prescribed in Article 19, Article 20, and Article 21 of the Government s Decree No. 25/2011/ND-CP dated April 06, 2011 elaborating and providing guidance on the implementation of a number of articles of the Law on Telecommunications (hereinafter referred to as the Decree No. 25/2011/ND-CP) and licenses to provide telecommunications services as prescribed in the Circular No. 05/2012/TT-BTTTT dated May 18, 2012 of the Minister of Information and Communications on the classification of telecommunications services.

2. To provide telecommunications services, telecommunications services providers without network infrastructure must obtain licenses to provide telecommunications services as prescribed in the Circular No. 05/2012/TT-BTTTT dated May 18, 2012 of the Minister of Information and Communications on the classification of telecommunications services.

Article 4. Replacing telecommunications service’slicenses

1. For replacing telecommunications service’s licenses issued to an enterprise:

a. For licenses to establish public stationary terrestrial telecommunications network using telecommunication numbers without radio frequencies: the license to establish network nationwide shall replace the license to establish network within an area and the license to establish network within a central-affiliated city or province (hereinafter referred to as province); the license to establish network within an area shall replace the license to establish network within a province;

b. For licenses to establish public stationary terrestrial telecommunications network using telecommunication numbers, licenses to establish public stationary terrestrial telecommunications network using radio frequencies, licenses to establish public stationary terrestrial telecommunications network using telecommunication numbers and radio frequencies: the license to establish the same kind of network nationwide shall replace the license to establish network in within an area;

c. For the licenses in Points a and b of this Clause: when an enterprise obtain a license to establish network in within a smaller geographical area due to the contraction of the network scale that has been licensed, the license for the smaller geographical area shall replace the license previously issued;

d.. For licenses to establish public mobile terrestrial telecommunications network: the license to establish a network using radio frequencies shall replace the license to establish a network without radio frequencies;

dd. Adjusted and extended licenses shall replace the old ones.

2. Old licenses shall expire when the replacing licenses are issued as prescribed in Clause 1 of this Article.

Article 5. Authorities to license telecommunications services

1. The Minister of Information and Communications shall license the establishment of public telecommunications networks using radio frequencies and provision of telecommunications services on the public telecommunications network using radio frequencies based on the assessment record submitted by the Vietnam Telecommunications Authority.

2. The Vietnam Telecommunications Authority shall license the establishment of public telecommunications networks, except for the cases prescribed by the Minister of Information and Communications in Clause 1 of this Article.

Article 6. Receiving applications fortelecommunications service’s licenses

1. Enterprises shall submit applications for the license for telecommunications services and additional documents (if any) to the Vietnam Telecommunications Authority in one of the following ways:

a) Submitted directly;

b) Sent by post;

c) Submitted online.

2. 2. The Vietnam Telecommunications Authority shall notify enterprise in writing of the receipt of applications for licenses for telecommunications services

3. For applications directly submitted, the date of receipt is the day on which personnel of the Vietnam Telecommunications Authority receives the application submitted directly by the enterprise.

4. For applications sent by post, the date of receipt is the day on which personnel of the Vietnam Telecommunications Authority receives the application sent by the postal service provider.

5. The Vietnam Telecommunications Authority shall provide guidance on online submission if it is technically possible.

Article 7. Checking the validity of the application fortelecommunications service’s licenses

1. The application for the license for telecommunications services shall be made in Vietnamese, including 01 original and 04 copies (for applications for the first issuance or new issuance of licenses) or 01 original and 02 copies (for applications for adjustment and extension of licenses). The original application must bear the seal of the enterprise and the authentication seal prescribed in Point d and dd Clause 3 of this Article; the documents provided by the enterprise must bear the overlapped seal if they have 02 sheets or more. The copies may not bear the certification or authentication seal, but must bear the overlapped seal of the applying enterprise. Each seal shall be fixed on no more than 05 adjoining sheets.

2. The Vietnam Telecommunications Authority shall notify the applying enterprise if the validity of the application within 05 working days from the day on which the application is received.

3. An application is considered valid when:

a. It is made in accordance with Clause 1 of this Article;

b. The documents enclosed are sufficient according to Articles, 11, 20, 22, 24, and 25 of this Circular;

c. The information in the documents is sufficient;

d. The seal of the applying enterprise is appended to the application for the license for telecommunications services and the commitment to implement the license to establish a public telecommunications network;

dd) The authentication seal is appended to the copies of the Certificate of Enterprise registration, the Certificate of Business registration, the Investment certificate, the certification of legal capital if the originals are not submitted; or the charter of the enterprise if the enterprise does not submit a valid copy as prescribed by the charter.

4. If the application is not valid, the Vietnam Telecommunications Authority shall notify the applying enterprise of the invalidity. The applying enterprise may resubmit the applications. The validity of the resubmitted application shall be checked in accordance with Clause 1, Clause 2, and Clause 3 of this Article.

Article 8. Submitting additional documents and explanations

1. While the application is processed, the Vietnam Telecommunications Authority is entitled to request enterprise to provide additional documents or direct explanation if the application does not provide sufficient information.

2. The enterprise shall provide additional documents or explanation directly to the Vietnam Telecommunications Authority within 30 working days from the day on which the enterprise receives the notice as prescribed in Clause 1 of this Article. The processing shall resume from:

a) The day on which the Vietnam Telecommunications Authority receives additional documents provided by the enterprise; or

b) The day on which the minutes of meeting for explanation is signed.

3. After the deadline for providing additional documents or direct explanation prescribed in Clause 2 of this Article, if the enterprise fails to provide additional documents or to request the extension of the deadline, it is consider to quit. The documents submitted after the deadline for providing additional documents or direct explanation, or after an extended deadline requested by the enterprise, are considered a new application.

4. The total length of the period for examining the initial application and additional documents or explanation shall:

a. Not exceed 45 working days from the day on which the valid application for first issuance or new issuance of the license is received.

b. Not exceed 40 working days from the day on which the valid application for the adjustment or extension of the license is received.

Article 9. Responsibilities to implementtelecommunications service’s licenses

Enterprises issued with licenses for telecommunications services shall:

1. Comply with the laws on telecommunications, the conditions for licensing, terms and conditions in the licenses throughout their operation.

2. Notify the dates on which the public telecommunications network is officially use and telecommunications services are officially provided within 15 days from the day on which the public telecommunications network is officially use and telecommunications services are officially provided.

3. Send reports on the deployment according to Form 10/GPKDVT every 12 months from the licensing date, until the day on which the public telecommunications network is officially use or telecommunications services are officially provided according to Form 11/GPKDVT.

Article 10. Registration and public sample contracts for telecommunications services and sample information sheets

1. Providers of post-paid terrestrial stationary telephone services, terrestrial mobile information services and internet services shall register the sample contracts for telecommunications service provision.

2. Providers of pre-paid terrestrial stationary telephone services, terrestrial mobile information services and internet services shall register the sample information sheets.

3. The draft of the sample contract for telecommunications service provision, the draft of the sample information sheet enclosed with the application for the license for telecommunications services are considered a sample contract and a sample information sheet that is registered when the enterprise is issued with the license to provide telecommunications services.

4. When revising the sample contract for telecommunications service provision and the sample information sheet that was registered, the enterprise shall register the new sample contract and information sheet. The Vietnam Telecommunications Authority shall assess the new sample contract and information sheet within 10 working days from the day on which they are received. The draft of the contract for telecommunications service provision and the draft of the information sheet are considered sample contract and sample information sheet when the Vietnam Telecommunications Authority grants a written approval.

5. The enterprise shall publicly provide the sample contract for telecommunications service provision and sample information sheet locations where telecommunications services are registered and public telecommunications services are provided, and on its website.

6. Apart from the regulations in Clause 5 of this Article, the enterprise shall provide the summary of the information sheet together with the subscriber registration dossier when providing prepaid services. This summary must provide the following fundamental information: instruction on the activation and usage, contact of the customer service department, address of the website where the sample information sheet can be found.

Chapter II

LICENSING TELECOMMUNICATIONS SERVICES

Section 1. ISSUING TELECOMMUNICATIONS SERVICE’SLICENSES

Article 11. Application fortelecommunications service’s licenses

1. The application for the license for telecommunications services is composed of the application for the license to establish a public telecommunications network and the application for the license to provide telecommunications services

2. The application for the license to establish a public telecommunications network in composed of:

a) The written request for the license for telecommunications services according to Form 01/GPKDVT;

b) The Certificate of Enterprise registration or Certificate of Business registration or Investment certificate;

c) The enterprise’s charter;

d) The business plan for the first 05 year from the date of issue of the license according to Form 06/GPKDVT;

dd) The technical plan for the first 05 year from the date of issue of the license according to Form 07/GPKDVT;

e) The written certification of legal capital as prescribed in Clause 2 or Clause 4 Article 13 of this Circular;

g) The commitment to implement the license to establish a public telecommunications network according to Form 09/GPKDVT.

3. The application for the license to provide telecommunications services in composed of:

a) The written request for the license for telecommunications services according to Form 01/GPKDVT;

b) The Certificate of Enterprise registration or Certificate of Business registration or Investment certificate;

c) The enterprise’s charter;

d) The business plan for the first 05 year from the date of issue of the license according to Form 06/GPKDVT;

dd) The technical plan for the first 05 year from the date of issue of the license according to Form 07/GPKDVT;

The draft of the sample contract for telecommunications service provision, the draft of the sample information sheet as prescribed in Article 10 of this Circular, applicable to the applications for licensing the provision of terrestrial stationary telephone services, terrestrial mobile information services, and internet services.

4. An enterprise may make an application for both license to establish a public telecommunications network and license to provide telecommunications services on that network. This application shall contain the documents in Clause 2 and Point e Clause 3 of this Article (if any); the business plan and technical plan prescribed in Point d and Point dd Clause 2 of this Article must contain the plan for the establishment of the public telecommunications network and the provision of telecommunications services

5. An enterprise that submit an application as prescribed in Article 19 of this Circular is not required to submit the following documents if no change in the list of contributors and contribution ratios of organizations and individuals in the enterprise is made:

a) The Certificate of Enterprise registration or Certificate of Business registration or Investment certificate;

b) The enterprise’s charter;

Article 12. Conditions for issuingtelecommunications service’s licenses

A enterprise shall be issued with the license for telecommunications services when the following conditions are fulfilled:

1. Condition on the line of business: the unexpired Certificate of Enterprise registration or Certificate of Business registration or Investment certificate of the enterprise showing that the business line is telecommunications industry, or bear the code of telecommunications industry according to the Vietnam’s system of industries.

2. Financial conditions:

a) The enterprise is financially capable of implementing the license in accordance with the business plan and technical plan;

b) The enterprise has fulfilled all financial obligations as prescribed by the laws on telecommunications;

c) The foreign investments in the enterprise (if any) must comply with International Agreements to which Vietnam is a signatory;

d) Apart from the Points a, b, and c of this Clause, the enterprises that apply for the license to establish a public telecommunications network must satisfy the requirements of legal capital and pledge of investment as prescribed in Article 19, Article 20, and Article 21 of the Decree No. 25/2011/ND-CP;

dd) Apart from Points a, b, and c of this c, the enterprises that apply for the license to provide terrestrial mobile information services must also comply with Article 3 of the Decree No. 25/2011/ND-CP.

3. Requirement of organizational structure and personnel:

a. The enterprise is not undergoing a process of division, amalgamation, merger, conversion, dissolution, or bankruptcy according to an issued decision;

b) The organizational structure and personnel of the enterprise is suitable for the business plan, technical plan, and the plan for ensuring the safety of telecommunications infrastructure and information security.

4. Business and technical conditions: the enterprise must have a business plan and technical plan that:

a. Are conformable with the national telecommunications development strategy and telecommunications resource planning;

b) Are feasible and conformable with the regulations on connection, charges, standards, and quality of the network and telecommunications services;

c. Apart from complying with Points a and b of this Clause, the plan for distribution of telecommunications numbers and radio frequencies made by the enterprises that apply for the license for telecommunications services using the telecommunications numbers and radio frequencies must be feasible.

5. The requirements of telecommunications infrastructure safety and information security: the enterprise must provide a plan for ensuring the safety of the telecommunications infrastructure and information securities in conformity with the business plan and technical plan.

Article 13. Defining conditions satisfying conditions on legal capital

1. The legal capital of an applicant for the license for telecommunications services is considered satisfactory if it can provide documents proving the capital contribution and investment in Clause 2 of this Article, or the asset value in the asset statement in Clause 4 of this Article is not smaller than the legal capital, applicable to the licenses prescribed in Article 19, Article 20, and Article 21 of the Decree No. 25/2011/ND-CP.

2. Documents proving capital contributions and investments in a new telecommunication company are:

a) Documents or commitment on contribution within a certain period of time made by partner (applicable to partnerships);

b) Documents on the contributions of founding shareholders and common shareholders that applied to buy shares and written in the company’s charter (applicable to joint-stock companies)

c) Documents or commitments on contribution within a certain period of time made by investors (applicable to joint-ventures);

d) Documents on total value of capital contributed by owners or commitment on contribution within a certain period of time (applicable to single-member limited liability companies);

dd) Documents or commitment on contribution within a certain period of time of founding members (applicable to multimember limited liability companies);

e) Documents on paid-in capital of the enterprise (applicable to private enterprises)

3. In the cases in Clause 2 of this Article:

a) The contributions and investments is made in cash must be certified in writing by a bank in Vietnam of the deposit made by the founders The deposit shall be released when the enterprise is issued with the license for telecommunications services;

b) If contributions and investments are made in the form of assets, the value of assets contributed must be certified by a valuation organization in Vietnam.

4. For enterprises that have been established and licensed to provide telecommunications services, enterprises that have been issued with licenses for telecommunications services and apply for the license in the cases prescribed in Article 19 of this Circular, and enterprises applying for the new issuance of the license for telecommunications services: the documents proving their legal capital are asset statements that are made within 03 months before the submission of the application for the license for telecommunications services.

5. d) The enterprises that apply for the license to establish a public telecommunications network must satisfy the requirements of legal capital and commitment to invest as prescribed in Article 19, Article 20, and Article 21 of the Decree No. 25/2011/ND-CP;

6. For enterprises applying for the license to establish terrestrial stationary telecommunications that do not fall into the cases in Clause 5 of this Article: the legal capital shall comply with Clause 2 Article 19 of the Decree No. 25/2011/ND-CP/

7. For enterprises applying for the license to establish a public telecommunications network to provide public telecommunications services: the legal capital is determined based on the approved project on the establishment of a public telecommunications network to provide public telecommunications services.

Article 14. Defining conditions satisfying conditions on investmentcommitment

1. The pledge of investment written in the commitment to implement the license to establish a public telecommunications network of an enterprise that applies for the license to establish a public telecommunications network is considered acceptable if it is not lower than the levels in Articles 19, 20, and 21 of the Decree No. 25/2011/ND-CP, except for the cases in Clause 2 and Clause 3 of this Article.

2. The pledge of investment made by an enterprise applying for the license to establish a public telecommunications network prescribed in Article 19 of this Circular or for a new license for telecommunications services are considered acceptable if:

a/ The actual investments in the public telecommunications network established previously is not lower than the corresponding pledge of investment as prescribed in Articles 19, 20, and 21 of the Decree No. 25/2011/ND-CP; or

b/ The pledge of investment written in the commitment to implement the license is not lower than the difference between the pledge of investment prescribed in Articles 19, 20, and 21 of Decree 25 and the actual investment in the telecommunications network established previously.

3. For enterprises issued with the license to establish a public telecommunications network that expires within 15 years, the pledge of investment is considered acceptable throughout the validity period of the license if the pledge of investment written in the commitment to actualize the license to establish a public telecommunications network is not lower than the level corresponding to the validity period. Enterprises may adjust the pledge of investment during while the license is unexpired and submit the commitment to actualize the license to establish a public telecommunications network to the Vietnam Telecommunications Authority upon the receipt of the license.

4. The actual investment in the public telecommunications network prescribed in Clause 2 of this Article and Article 16 of this Circular is determined based on the documents proving the investment in the implementation of the license when the application is submitted.

5. For enterprises applying for the license to establish a terrestrial stationary public telecommunications network without radio frequencies and telecommunication numbers: the pledge of investment shall comply with Clause 1 Article 19 of the Decree No. 25/2011/ND-CP.

6. For enterprises applying to the license to establish a terrestrial stationary public telecommunications network that do not fall into the cases in Clause 5 of this Article: the committed investment shall comply with Clause 2 Article 19 of the Decree No. 25/2011/ND-CP.

Article 15. Defining conditions satisfying conditions on feasibility in distributing store of telecommunication numbers and radio frequencies

1. For enterprises applying for the license for telecommunications services using telecommunication numbers and radio frequencies that do not belong to the list of telecommunication numbers, radio frequencies distributed via auction and competition: the distribution of telecommunication numbers and radio frequencies are considered feasible if there are telecommunication numbers and radio frequencies to be distributed at the request of enterprises.

2. For enterprises applying for the license for telecommunications services using telecommunication numbers and radio frequencies that do not belong to the list of telecommunication numbers, radio frequencies distributed via auction and competition: the distribution of telecommunication numbers and radio frequencies are considered feasible if there are telecommunication numbers and radio frequencies to be distributed at the request of enterprises.

Article 16. Implementation assurance for telecommunications service’slicenses

1. Enterprises applying for the license to establish a terrestrial stationary public telecommunications network using radio frequencies and telecommunication numbers and the license to establish a terrestrial mobile public telecommunications network that have satisfied the conditions for licensing in Article 12 of this Circular shall only be issued with the license for telecommunications services after a certification of the following payments is issued by a bank appointed by the Ministry of Information and Communications

a/ 5% of the pledge of investment in the first 03 years from the date of issue of the license as prescribed in Clause 2 Article 19 of the Decree No. 25/2011/ND-CP, applicable to the applications for the license to establish a terrestrial stationary public telecommunications network using radio frequencies and telecommunication numbers;

b/ 5% of the pledge of investment in the first 03 years from the date of issue of the license as prescribed in Clause 3 Article 20 of the Decree No. 25/2011/ND-CP, applicable to the applications for the license to establish a terrestrial stationary public telecommunications network using radio frequencies;

2. Enterprises applying for the license to establish a terrestrial stationary public telecommunications network using radio frequencies and telecommunication numbers and the license to establish a terrestrial mobile public telecommunications network, as prescribed in Article 19 and Article 25 of this Circular, that have satisfied the conditions for licensing shall only be issued with the license if:

a/ The actual investment in the telecommunications network established previously is not lower than the pledge of investment in the first 03 years from the date of issue of the license as prescribed in Clause 2 Article 19 or Clause 3 Article 20 of the Decree No. 25/2011/ND-CP; or

b/ A bank appointed by the Ministry of Information and Communications issues a certification of a payment of 5% of the difference between the pledge of investment in the first 03 years from the date of issue of the license prescribed in Clause 2 Article 19 or Clause 3 Article 20 of the Decree No. 25/2011/ND-CP and the actual investment in the telecommunications network established previously.

Section 2.  AMENDING AND SUPPLEMENTING TELECOMMUNICATIONS SERVICE’SLICENSES

Article 17. Changes amendments and supplements telecommunications service’sservices

While the license for telecommunications services is unexpired, the enterprise shall apply for the adjustment of the license when::

1. The enterprise’s name is changed as prescribed by law on enterprises; or

2. The scale of the terrestrial public telecommunications network is changed but it does not go beyond the area or country; or

3. The enterprise wishes to provide telecommunications services that are not written in the license, and the authority competent to license those services is the authority that issued the existing license.

4. Some licensed telecommunications services are suspended.

Article 18. Changesrequired notifications

While the license for telecommunications services is unexpired, the enterprise is exempt from applying for the adjustment of the license, but relevant information must be notified to the Vietnam Telecommunications Authority within 30 days from the day on which one of the following changes is made:

1. The head office’s address is changed.

2. The legal representative is replaced.

3. The charter capital or investment is changed but the legal capital is still satisfactory as prescribed in Articles 19, 20, and 12 of the Decree No. 25/2011/ND-CP.

4. The contribution ratios among contributors are changed but the requirements of foreign investment in the enterprise and requirements of ownership prescribed in Article 3 of Decree 25 are still fulfilled.

Article 19. Changes required licensing

While the license for telecommunications services is unexpired, the enterprise shall apply for the license as prescribed in Section 1 of this Chapter when one of the following changes is made:

1. Founding shareholders of a joint-stock company are replaced; or members of a multi-member limited liability company are replaced; or the owner of a single-member limited liability company is replaced; or the owner of a private enterprise is replaced.

2. The organizational structure of the enterprise is changed due to a division, amalgamation, merger, or conversion as prescribed by laws on enterprises.

3. The scale of the network within a province, area, or country is changed.

4. The demand for telecommunication numbers or radio frequencies is changed and the feasibility of the distribution of telecommunication numbers and radio frequencies must be determined.

5. The enterprise wishes to provide telecommunications services that are not written in the license, and the authority competent to license those services is not the authority that issued the existing license.

Article 20. The application for amending and supplementing telecommunications service’slicenses

1. The application for amending and supplementing telecommunications service’s licenses when changing the enterprise’s name includes:

a/ The written request for the adjustment of the license for telecommunications services;

b/ The Certificate of Enterprise registration or Investment certificate and other documents relating to the change of enterprise’s name.

2. The application for the license to establish a public telecommunications network due the contraction of the public telecommunications network or suspension of telecommunications services includes:

a/ The written request for the adjustment of the license for telecommunications services;

b/ A report on the implementation of the license (according to Form 08/GPKDVT) from the date of issue of the license to the day on which the application for the adjustment of the license is submitted.

3. The application for the license to establish a public telecommunications network due the expansion of the public telecommunications network or addition of telecommunications services includes:

a/ The written request for amending and supplementing telecommunications service’s licenses;

b/ A report on the implementation of the license from the date of issue of the license to the day on which the application for the adjustment of the license is submitted.

c/ The business plan and technical plan for the expanded network or additional services within the first 05 years from the date of issue of the adjusted license.

d/ The draft of the sample contract for telecommunications service provision and sample information sheet, applicable to the applications for licensing terrestrial stationary telephone services, terrestrial mobile information services and internet services.

Article 21. Considering the amendment and supplement of telecommunications service’s licenses

1. the amendment and supplement of telecommunications service’s licenses shall be considered based on the corresponding conditions for licensing prescribed in Clauses 2, 3, 4, and 5 Article 12 of this Circular.

2. The adjusted license is valid from the date of adjustment to the expiration date of the old license.

Section 3. EXTENSION OF LICENSES FOR TELECOMMUNICATIONS SERVICES

Article 22. Application for the extension of telecommunications service’slicenses

Holders of telecommunications service’s licenses that wish to continue the provision of telecommunications services in accordance with the issued license without applying for a new one shall submit an application for the extension of telecommunications service’s licenses at least 60 days before its expiration. The application for the extension includes:

1. The written request for the extension of telecommunications service’s licenses according to Form 03/GPKDVT;

2. A report on the implementation of the license (according to Form 08/GPKDVT) up to the day on which the extension is requested.

Article 23. Considering the extension oftelecommunications service’s licenses

1. The extension of telecommunications service’s licenses is decided based on the conformity of the enterprise with the license for telecommunications services and the laws on telecommunications.

2. The extended license takes effect from the expiration date of the old one. The validity period of the extended license shall be considered in accordance with Point b Clause 1 Article 38 of the Law on telecommunications.

Section 4. REISSUANCE OF TELECOMMUNICATIONS SERVICE’SLICENSES

Article 24. Reissuance oftelecommunications service’s licenses

1. When an unexpired telecommunications service’s licenses is lost, damaged, burned, or destroyed, the enterprise shall send an application for another license according to Form 04/GPKDVT to the Vietnam Telecommunications Authority.

2. Within 05 working days from day on which the valid application is received, the Vietnam Telecommunications Authority shall:

a) Consider the reissuance of telecommunications service’s licenses in the cases prescribed in Clause 1 Article 5 of this Circular;

b) Request the Minister of Information and Communications to consider the reissuance of telecommunications service’s licenses in the cases prescribed in Clause 2 Article 5 of this Circular;

3. The reissued license is identical to the lost, damaged, burned, or destroyed one. The reissued license must specify the original issuance date, and reissuance date.

Section 5. NEW ISSUANCE OF TELECOMMUNICATIONS SERVICE’SLICENSES

Article 25. Application for a newtelecommunications service’s licenses

1. Holders of telecommunications service’s licenses that wish to continue the provision of telecommunications services in accordance with the issued license shall send the Vietnam Telecommunications Authority an application for a new license at least 60 days before its expiration.

2. The application for a new license to establish a public telecommunications network includes:

a) The written request for a new license according to Form 05/GPKDVT;

b/ A report on the implementation of the license (according to Form 08/GPKDVT) from the issuance date to the day on which a new license is requested;

c) The business plan for the first 05 year from the date of issue of the new license according to Form 06/GPKDVT;

d) The technical plan for the first 05 year from the date of issue of the new license according to Form 07/GPKDVT;

dd) The written certification of legal capital as prescribed in Clause 4 Article 13 of this Circular;

e) The commitment to implement the license to establish a public telecommunications network.

3. The application for a new license to provide telecommunications services including:

a) The written request for a new license according to Form 05/GPKDVT;

b/ A report on the implementation of the license (according to Form 08/GPKDVT) from the issuance date to the day on which a new license is requested;

c) The business plan for the first 05 year from the date of issue of the new license according to Form 06/GPKDVT;

d/ The existing sample contract for telecommunications service provision and sample information sheet, or the draft of the new sample contract for telecommunications service provision and new sample information sheet, applicable to the applications for licensing terrestrial stationary telephone services, terrestrial mobile information services and internet services.

Article 26. Considering the issuance of the newtelecommunications service’s licenses

1. The issuance of a new telecommunications service’s license is decided in accordance with Articles 12, 13, 14, 15, and 16 Section 1 Chapter II of this Circular, with due account taken of the conformity with the telecommunications service’s licenses and the lawful interests of telecommunications service users.

2. The new license takes effect from the expiration date of the old one. The validity period of the extended license shall be considered in accordance with Clause 2 Article 34 of the Law on telecommunications.

Chapter III

REVOCATION AND INVALIDATION OF TELECOMMUNICATIONS SERVICE’S LICENSES

Article 27. Revocation oftelecommunications service’s licenses

1. The Vietnam Telecommunications Authority shall issue notices of violations committed by enterprises, issued decisions to revoke licenses for telecommunications services if it is issued by the Vietnam Telecommunications Authority, or request the Ministry of Information and Communications to revoked licenses for telecommunications services if it is issued by the Ministry of Information and Communications when enterprises commit fraud or provide false information in the application for the issuance, reissuance, or extension of the license for telecommunications services.

2. The Vietnam Telecommunications Authority shall issue notices of violations committed by enterprises and request their legal representative to provide explanation at the Vietnam Telecommunications Authority when enterprises fail to actualize the license for telecommunications services after 02 years from its issuance date, or when enterprises fail to notify the Ministry of Information and Communications when stop providing telecommunications services for 01 year. After 10 working days from the deadline in the notification, if the explanation is not provided or not rational, the Vietnam Telecommunications Authority shall issue a decision to revoke the license for telecommunications services if it is issued by the Vietnam Telecommunications Authority, or request the Minister of Information and Communications to revoke the license for telecommunications services if it is issued by the Ministry of Information and Communications.

3. The Vietnam Telecommunications Authority shall issue a decision to revoke the license for telecommunications services if it is issued by the Vietnam Telecommunications Authority, or request the Minister of Information and Communications to revoke the license for telecommunications services if it is issued by the Ministry of Information and Communications after a decision is made by a competent authority in the following cases:

a/ The licensed enterprise violates Clause 1 Article 12 of the Law on telecommunications;

b/ The enterprise’s operation is not conformable with the licensed issued that seriously violates the lawful rights and interests of other organizations and individuals.

4. The Vietnam Telecommunications Authority shall issue a decision to revoke the license for telecommunications services if it is issued by the Vietnam Telecommunications Authority, or request the Minister of Information and Communications to revoke the license for telecommunications services if it is issued by the Ministry of Information and Communications if all telecommunications services in the license are stopped and the procedure for terminating the provision of telecommunications services is completed.

Article 28. Invalidation oftelecommunications service’s licenses

The Vietnam Telecommunications Authority shall issue notices of violations committed by enterprises and issue a decision to invalidate or request the Minister of Information and Communications to invalidate the adjustments to the license for telecommunications services when the enterprise commits fraud or provide false information in the application for the adjustment of the license for telecommunications services..

Chapter IV

IMPLEMENTATION

Article 29. Transitional provisions

1. The enterprises issued with the license to establish a public telecommunications network and provide telecommunications services or the license to provide telecommunications services before the Decree No. 25/2011/ND-CP takes effect shall applies for the replacing them with the license to establish a public telecommunications network or license to provide telecommunications services as prescribed in this Circular before December 31, 2013.

2. The enterprises applying for the license to establish a public telecommunications network are exempt from the fulfillment of the conditions on legal capital, pledge of investment, and implementation of the license as prescribed in Articles 19, 20, 21, and 22 of the Decree No. 25/2011/ND-CP.

3. Enterprises shall be issued with the license to establish a public telecommunications network and the license to provide telecommunications services as prescribed in this Circular if they wish to replace the license to establish a public telecommunications network and provide telecommunications services, and shall be issued with the license to provide telecommunications services as prescribed in this Circular if they wish to replace the license to provide telecommunications services.

4. The authority to issue and replace licenses shall comply with Article 5 of this Circular.

5. The new license takes effect from its issuance date and expires on the expiration date of the old license if it replaces 01 license issued previously; or expires on the expiration date of the old license that has the longest validity period if they replace at least 02 licenses issued previously.

Article 30. Effect

This Circular takes effect on July 01, 2013.

Article 31. Implementation

1. The Vietnam Telecommunications Authority shall post the information about licenses for telecommunications services, decisions to revoke and invalidate licenses for telecommunications services on its website.

2. Information in applications for licensing telecommunications services shall be kept confidential as prescribed by law.

3. The Chief of Office, the Director of the Vietnam Telecommunications Authority, Directors of Ministerial agencies, Director of Services of Information and Communications, Directors of telecommunication enterprises, relevant organizations and individuals are responsible for the implementation of this Circular.

4. Organizations and individuals are recommended to report the difficulties arising during the course of implementation to the Ministry of Information and Communications (the Vietnam Telecommunications Authority) for amendments./.

The Minister of Information and Communications

Nguyen Bac Son

* All forms are not translated herein.