Under the Law on Telecommunications 2023, what are the rights and obligations of telecommunications service users and telecommunications subscribers in Vietnam?
- Under the Law on Telecommunications 2023, what are the rights and obligations of telecommunications service users and telecommunications subscribers in Vietnam?
- What are the prohibited acts in telecommunications activities in Vietnam?
- On what date does the Law on Telecommunications 2023 come into force?
Under the Law on Telecommunications 2023, what are the rights and obligations of telecommunications service users and telecommunications subscribers in Vietnam?
Under Article 15 of the Law on Telecommunications 2023, the rights and obligations of telecommunications service users and telecommunications subscribers in Vietnam are specified as follows:
* Telecommunications service users have the following rights:
- Select telecommunications enterprises or telecommunications service agents to sign telecommunications service contracts;
- Request telecommunications enterprises and telecommunications service agents to provide necessary information related to the use of telecommunications services;
- Use telecommunications services with quality and prices indicated in telecommunications service contracts.
- Refuse to use some or all telecommunications services under telecommunications service contracts;
- Have their private information kept confidential under law;
- Complain about service prices and quality; be refunded service charges or enjoy compensations for other direct damage caused by telecommunications enterprises or telecommunications service agents;
* Telecommunications service users have the following obligations:
- Pay telecommunications service charges in full and on time;
- Pay compensations for direct damage caused by them to telecommunications enterprises or telecommunications service agents;
- Be responsible to the law for information sent or stored on telecommunications networks;
- Be prohibited from using the telecommunications infrastructure of telecommunications enterprises in order to provide telecommunications services.
* Telecommunications subscribers have the following rights:
- Have rights specified in Clause 1 of Article 15, Law on Telecommunications 2023;
- Design and install or hire other organizations or individuals to design and install terminal devices and LAN from their locations for service use to the endpoint node of the public telecommunications network;
* Telecommunications subscribers have the following obligations:
- Have obligations specified in Clause 2 of Article 15, Law on Telecommunications 2023;
- Comply with regulations on the management of telecommunications resources and technical standards and regulations on telecommunications;
- Provide their vital information adequately and accurately to telecommunications enterprises upon entry into telecommunications service contracts;
- Be prohibited from using information on their personal documents to conclude telecommunications service contracts with other persons, except as permitted by law on telecommunications;
- Be responsible to the law for use of telecommunications subscriber numbers indicated in contracts concluded by them with telecommunications enterprises;
- Protect their passwords, keywords and terminal devices.
What are the prohibited acts in telecommunications activities in Vietnam?
Under Article 9 of the Law on Telecommunications 2023 on 05 prohibited acts in telecommunications activities in Vietnam:
- Taking advantage of telecommunications activities to commit acts against the State of the Socialist Republic of Vietnam; violating national security or social order and safety, thereby causing harm to the interests of the State, the legitimate rights and interests of organizations and/or individuals
- Stealthily retrieving, eavesdropping on or accessing without permission information on telecommunications networks; hacking and using without permission telecommunications resources, passwords, keywords and private information of other organizations and individuals.
- Illegally obstructing the establishment of telecommunications infrastructure, disrupting or undermining the establishment of telecommunications infrastructure, lawful provision and use of telecommunications services.
- Establishing telecommunications infrastructure and providing telecommunications services without permission under regulations of Law on Telecommunications 2023.
- Using devices and software that send, transmit and receive information via telecommunications networks in order to commit violations against law.
On what date does the Law on Telecommunications 2023 come into force?
Under Article 72 of the Law on Telecommunications 2023 on entry into force:
Entry into force
1. This Law comes into force from July 01, 2024, except for Clauses 3 and 4 of this Article.
2. The Law No. 41/2009/QH12 on Telecommunications amended by Law No. 21/2017/QH14 and Law No. 23/2018/QH14 will cease to be effective from the effective date of this Law, unless otherwise specified in Clause 4, Article 73 of this Law.
3. Regulations on provision of basic telecommunications services on the Internet, data center services and cloud computing services in Article 28 and Article 29 of this Law come into force from January 1, 2025.
4. Regulations on payment of fees for maintenance and use of network codes and charges for registration and use of network codes at Point d, Clause 9, Article 50 and Clause 3, Article 71 of this Law come into force from January 1, 2025.
Thus, the Law on Telecommunications 2023 will come into force from July 1, 2024, except for:
- Regulations on the provision of basic telecommunications services on the Internet, data center services, and cloud computing services in Article 28 and Article 29 of the Law on Telecommunications 2023 come into force from January 1, 2025.
- Regulations on payment of fees for maintenance and use of network codes and charges for registration and use of network codes at Point d, Clause 9, Article 50 and Clause 3, Article 71 of Law on Telecommunications 2023 come into force from January 1, 2025.
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