On November 24, 2023, the National Assembly issued the Telecommunications Law 2023 to replace the Telecommunications Law 2009, which stipulates the conditions for granting telecommunications service business licenses from July 1, 2024.
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Specifically, in the Telecommunications Law 2023, the telecommunications service business license includes:
- A license to provide telecommunications services with network infrastructure with a term of not more than 15 years is issued to enterprises providing services with network infrastructure;
- A license to provide telecommunications services without network infrastructure with a term of not more than 10 years is issued to businesses providing services without network infrastructure.
Photo 1. Conditions for granting telecommunications service business licenses from July 1, 2024_ Hotline: 097 211 8764
Accordingly, to be granted the above licenses, businesses need to meet the conditions specified in the Telecommunications Law 2023, specifically as follows:
(1) Enterprises that are licensed to provide telecommunications services with network infrastructure using radio frequencies are granted through auction or competition for the right to use radio frequencies or are re-issued with licenses to use. frequency band when the following conditions are met:
(i) Have a business registration certificate or investment registration certificate;
(ii) Have minimum charter capital according to Government regulations;
(iii) Not in the process of dissolution or bankruptcy according to the decision of a competent state agency;
(iv) Have a technical plan and business plan in accordance with the information and communication infrastructure planning, regulations of the Telecommunications Law 2023 on telecommunications resources, connections, etc. Ensure rights and Legitimate interests of telecommunications service users and other relevant legal provisions;
(v) Ensure commitment to deploy telecommunications networks for frequency bands and radio frequency channels granted in the form of auction or competition or for re-issued frequency bands;
(vi) Winning the auction, passing the exam for the right to use radio frequencies or being eligible to be re-issued a license to use the frequency band.
(2) Enterprises are granted a license to provide telecommunications services with network infrastructure (except for some cases specified in the Telecommunications Law 2023) when the following conditions are met:
- Conditions specified in (i), (ii), (iii) and (iv);
- Conditions for telecommunications network deployment according to Government regulations.
(3) Enterprises that are granted a license to provide telecommunications services without network infrastructure (except in the case of providing services must carry out registration procedures and notification of telecommunications service provision specified in the Telecommunications Law 2023) when all the conditions specified in (i), (iii) and (iv) are met.
(4) Ensure the principles of telecommunications licensing according to the Telecommunications Law 2023, including:
- In accordance with information and communication infrastructure planning;
- Priority is given to granting telecommunications licenses to projects that can be deployed quickly and have a commitment to providing long-term services to a large number of telecommunications service users; Project to provide telecommunications services to border areas, mountainous areas, highlands, coastal areas, coastal areas and islands, ethnic minority areas, and areas with extremely difficult socio-economic conditions towel;
- In case the issuance of a telecommunications license is related to the use of telecommunications resources, it will only be granted if the allocation of telecommunications resources is feasible, in accordance with the radio frequency planning and telecommunications number warehouse planning. Internet resources planning has been approved and ensures effective use of telecommunications resources.
Thus, to be granted the above licenses, businesses need to meet the above conditions according to the provisions of the Telecommunications Law 2023.
See more at the Telecommunications Law 2023, effective from July 1, 2024.
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