Thông tư 16/2018/TT-BTTTT sửa đổi quy định về hợp đồng theo mẫu lĩnh vực viễn thông

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 16/2018/TT-BTTTT dated December 05, 2018 of the Ministry of Information and Communication on amending and supplementing the Circular No. 39/2016/TT-BTTTT datedDecember 26, 2016 of the Ministry of Information and Communications on regulation on specimen telecommunications contract and general transaction terms and conditions

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

Pursuant to the Law on Protection of Consumer Rights dated November 17, 2010;

Pursuant to the Government’s Decree No. 17/2017/ND-CP dated February 17, 2017 defining functions, rights, obligations and organizational structures of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 detailing and guiding a number of Articles of the Law on telecommunications amended and supplemented under the Decree No.81/2016/ND-CP dated July 01, 2016 and the Decree No. 49/2017/ND-CP dated April 24, 2017;

Pursuant to the Government’s Decree No. 99/2011/ND-CP dated October 27, 2011 detailing and guiding a number of Articles of the Law on Protection of Consumer Rights;

Pursuant to the Prime Minister’s Decision No. 02/2012/QD-TTg dated January 13, 2012 on issue of the list of essential goods and equipment required to be registered under specimen contracts and general conditions amended and supplemented under the Decision No. 35/2015/QD-TTg dated August 20, 2015 and the Decision No. 38/2018/QD-TTg dated December 05, 2018;

Upon request of the Director of the Vietnam Telecommunications Authority,

The Ministry of Information and Communications hereby issues this Circular to amend and supplement the Circular No. 39/2016/TT-BTTTT of the Ministry of Information and Communications on regulation on specimen telecommunications contract and general transaction terms and conditions (herein referred to as Circular No. 39/2016/TT-BTTTT).

Article 1. To amend and supplement point b Clause 4 Appendix I of the Circular No. 39/2016/TT-BTTTT as follow:

“b) Obligations of telecommunications service providers

-Provide quality services as declared in advance;

-Ensure the confidentiality of users’ information. User’s information shall only be revealed to the third party after obtaining the user’s prior consent, unless otherwise prescribed by laws.

-Do not refuse to provide services under contract or unilaterally terminate the contract, unless otherwise stipulated in Article 26 of the Law on Telecommunications;

-Notify users of termination of telecommunication service business at least 30 days prior to official termination;

-Fulfill enterprise’s obligations prescribed in clause 4, Article 18 of the Decree No. 99/2011/ND-CP dated October 27, 2011 detailing and guiding a number of Articles of the Law on consumers’ right protection;

-Solve users’ complaints in a time limitation according to legal provision.”

Article 2.Effect

This Circular takes effect on January 21, 2019.

Article 3. Transitional provisions

1.Within 90 days from the effective date of this Circular, every telecommunication enterprise shall:

a) Review, modify and supplement the contracts, general transaction terms and conditions applicable to users in accordance with provisions hereof;

b) Register or re-register for telecommunications services on the List of essential goods and services for which the specimen contract and general transaction terms attached to the Prime Minister’s Decision No. 02/2012/QD-TTg dated January 13, 2012 on introduction of the list of essential goods and services on which the specimen contract and general transaction terms are amended and supplemented under the Decision No. 35/2015/QD-TTg dated August 20, 2015 and the Decision No. 38/2018/QD-TTg dated December 05, 2018;

c) Make notification of application of the modified and supplemented specimen contract and general transaction terms on provision and use of telecommunications services prior to conclusion the contracts with users as stipulated in Article 7 of Circular No. 39/2016/TT-BTTTT.

2.Within 90 days from the date of notification of application of the specimen contract and general transaction term or from the date of receipt of the approval for re-registration of contract and general transaction terms on provisions and use of telecommunications services from the competent authority, the telecommunication enterprise shall:

a) Apply the revised specimen contract and general transaction terms on provision and use of telecommunications services;

b) Notify the customers of revisions to the specimen contract and general transaction terms on provision and use of telecommunications services;

c) Sign the revised contract at the customer requests (if any);

Article 11. Implementation

1.The Chief of Office, Director of the Vietnam Telecommunications Authority, Heads of Ministerial affiliated agencies; telecommunications service providers and relevant agencies shall be responsible for implementing this Circular.

2.Any issue arising in connection with implementation of this Circular should be promptly reported to the Vietnam Telecommunications Authority - Ministry of Information and Communications./.

The Minister

Nguyen Manh Hung