Thông tư 17/2016/TT-BTTTT

CIRCULAR

DETAILED REGULATTION ON PROCEDURES FOR REGISTRATION TO PROVIDE INFORMATION SERVICES VIA CELLULAR NETWORKS

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

Pursuant to the Government’s Decree No.72/2013/ND-CP on management, provision and utilization of Internet and online information services dated July 15, 2013;

Pursuant to the Government’s Decree No.132/2013/ND-CP date October 16, 2013 defining functions, responsibilities, entitlements and organization of the Ministry of Information and Communications;

At request of Directors of the Bureau of Broadcasting and Electronic Information,

The Minister of the Ministry of Information and Communications hereby issues this regulation stipulating procedures for registrations to provide information services via cellular networks.

Article 1. Scope and regulated entities

1. This Circular stipulates procedures for registration for provision of information services on mobile terrestrial telecommunications networks within the territory of Vietnam (hereinafter referred to as “cellular information service”), rights and responsibilities of organizations and enterprises providing cellular information services (hereinafter referred to as “cellular information service provider”), and mobile enterprises.

2. This Circular applies to cellular information service providers and mobile enterprises.

3. The provision of information services through integrated electronic information websites, social networks, video games or mobile advertising shall not be governed by this Circular.

Article 2. General provision

Provision of cellular information services refers to the establishment and use of suitable applications and instruments, and the connection to mobile enterprises to provide information for users via the following services:

1. Toll free service – a call service through terrestrial mobile networks used by agencies, organizations, companies to provide information services. The telecommunications service charge imposed on service user are paid by such agency, organization, company to the related mobile enterprise.

2. Premium service – a call service through terrestrial mobile networks used by agencies, organizations, companies to provide information services. Service users are charge an extra fees other than the telecommunications service charge for the provision of their requested information.

3. Short message service (SMS) prescribed in clause 13, Article 3 – Digital Repository planning – issued together with the Circular No.22/2014/TT-BTTTT dated December 22, 2014 by the Minister of the Ministry of Information and Communications.

4. Other services provided through cellular networks.

Article 3. Certificates of registration to provide cellular information services

1. The Certificate of Registration to Provide Cellular Information Services (hereinafter referred to as “CORPCIS”) includes the following compulsory information:

a) Information on the organization/enterprise providing cellular information services (hereinafter referred to as “applicant”);

b) Methods of service provision;

c) Information on legal representative(s);

d) Effective date of CORPCIS, and obligations of the applicant after being granted the CORPCIS;

dd) Other necessary information.

2. The CORPCIS form is presented in Form 02 of the Annex herewith.

Article 4. Procedures for registration to provide cellular information services

1. Applications for provision of cellular information services:

The applicant shall submit an application for provision of cellular information services to the Bureau of Broadcasting and Electronic Information directly or by post. The application includes:

a) An application form for registration to provide cellular information services using the form 01 enclosed herewith;

b) A certified true copy (or a copy enclosed with its original for collation) of one of the following documents: The Certificate of Enterprise Registration, Investment Certificate, Establishment Decision (attached to a copy of the charter if the applicant is an association), or license for press activities which specifies functions, responsibilities and business lines (the applicant shall submit a sealed copy of their business lines that has been published on the national enterprise registration portal).

2. Procedures and time limits for application processing

Within 20 days from the date of receipt of the valid application, the Bureau of Broadcasting and Electronic Information shall consider granting the CORPCIS to the applicant.

Article 5. Amendments to CORPCISs

1. Every organization and enterprise shall apply for amendments to their existing CORPCIS in case of changes in name of the organization/enterprises.

2. In case of changes in one of the following information, the organization/enterprise may not submit the application for amendments to CORPCIS but shall submit a written notice of amendments to the Bureau of Broadcasting and Electronic Information where their headquarter is located within 10 days prior to amendment:

a) Headquarter address;

b) Legal representatives;

c) Methods of service provision.

3. The application for amendments to CORPCIS is as follows:

The applicant shall submit an application for amendments to CORPCIS to the Bureau of Broadcasting and Electronic Information directly or by post. The application includes:

a) An application form for amendments to the existing CORPCISs using the form 03 enclosed herewith;

b) Documents related to amendments.

4. Procedures and time limits for application processing

Within 10 days from the date of receipt of the valid application, the Bureau of Broadcasting and Electronic Information shall consider granting a Certificate of Amendments to the existing CORPCIS using the form 05 enclosed herewith to the applicant.

Article 6. Re-grant of CORPCIS

1. In case CORPCIS is lost, destroyed or torn, the organization/enterprise shall submit an application for re-granted of CORPCIS to the Bureau of Broadcasting and Electronic Information directly or by post. The application form for re-grant of CORPCIS is made using the form 04 enclosed herewith;

2. Within 10 days from the date of receipt of the valid application, the Bureau of Broadcasting and Electronic Information may re-grant the CORPCIS to the applicant.

3. The re-granted CORPCIS shall be made using updated information specified in clause 2, Article 5 hereof.

Article 7. Rights and obligations of cellular information service providers

Every cellular service provider shall:

1. Exercise rights and take on responsibilities prescribed in Article 28 of the Government’s Decree No.72/2013/ND-CP on management, provision and utilization of Internet and information services on the Internet (hereinafter referred to as “Decree No.72/2013/ND-CP).

2. Conclude and publish agreements on provision and use of information services in accordance with the Decree No.72/2013/ND-CP.

3. Only provide and give extension of periodic services (by day, week, month, quarter, and year) after obtaining the user’s consent via message or call or under other shape or form.

4. Do not charge users for rejection, cancellation or search for their registered information services by sending messages to the information service numbers, calling to the telephone exchange, accessing to the information service website or other forms or shape).

5. Provide information services at request of subscribers; do not charge for information services of which service users are not sent information or are sent incomplete information or the information are not as useful and accurate as it is advertised.

6. Make the following information known to users as the cellular information services are launched and before the provision duration of information services are extended:

a) Service charges and charge rates for their provided information services;

b) Service provider’s full name or abbreviation;

c) Contact number or customer services hotlines;

d) Information services registration, extension, cancellation and rejection.

7. Retain provided information for at least 90 days from the date of provision, and retain information and request for information services, processed requests for information services, termination, service charges, users’ complaints and results for at least 01 year from the date of receipt.

8. Block and remove information which are not conformable to provisions in Article 5 of the Decree No.72/2013/ND-CP within 03 hours from the moment the State regulatory authority requests.

9. Submit a notification of information service codes and numbers Government Inspectorate the Bureau of Broadcasting and Electronic Information – Ministry of Information and Communications within 10 days from the date of grant, renewal, changes or cancellation of the service code or number.

10. Submit reports punctually as stipulated in Article 10 hereof.

Article 8. Rights and obligations of mobile enterprises

Every mobile enterprise shall:

1. Exercise rights and take on their responsibilities prescribed in Article 29 of the Decree No.72/2013/ND-CP.

2. Do not connect or stop connecting with cellular service providers that fail to comply with Article 5 of the Decree No.72/2013/ND-CP within 03 hours from the moment of receipt of written request from State competent authorities.

3. Submit reports on violations against Article 5 of the Decree No. 72/2013/ND-CP committed by cellular information service providers to the Ministry of Information and Communications ( via ttdt.cucptth&[email protected] of the Bureau Broadcasting and Electronic Information) within 03 hours.

4. Submit reports punctually as stipulated in Article 10 hereof.

Article 9. Procedures for dealing with complaints about cellular information services

1. Mobile enterprise and cellular information service providers shall receive and deal with users’ complaints of provided information services.

In case the mobile enterprise takes on responsibilities as a complaint-receiving agency, it shall transfer such complaints to the cellular information service provider within 24 hours from the moment of receipt, and shall cooperate with the cellular information service provider to deal with such complaints.

The complaint-receiving agency shall response to and settle user’s complaints.

Users may file their complaints in writing, via email, telephone or directly.

2. Cellular information service providers shall take charge of dealing with users’ complaints. In case any information service is wrongly charged, the cellular information service provider shall request the mobile enterprise to return the amount of wrong service charge to the user within 48 hours from the moment of request.

3. Statute of limitations for complaints: Not exceeding 90 days from the date on which the information service is provided.

4. Time limits for dealing with complaints: Not exceeding 15 days from the date of receipt of the complaint.

5. In case of disagreement with the conclusion and solutions of cellular information service providers, users has the right to file a civil lawsuit to the Court prescribed in the Code ò Civil Procedures.

Article 10. Reporting

1. Cellular information service providers shall submit annual reports and surprise reports at request of the State regulatory authority. Contents, methods of submission and date of report are as follows:

a) The report shall be made using form 06 enclosed herewith;

b) Annual reports shall be submitted by December 15^th of every year;

c) Reports shall be submitted to the Bureau of Broadcasting and Electronic Information where the enterprise is headquartered directly or by post:

2. Mobile enterprises shall submit annual reports and surprise reports at request of the State regulatory authority. Contents, methods of submission and date of report are as follows:

a) The report shall be made using form 07 enclosed herewith;

b) Annual reports shall be submitted by December 15th of every year;

c) Reports shall be submitted to the Bureau of Broadcasting and Electronic Information where the enterprise is headquartered directly or by post.

Article 11. Entry into force

1. This Circular enters into force from August 12, 2016.

2. Within 90 days from the effective date of this Circular, cellular information service providers shall apply for provision of cellular information services under regulations hereof.

3. Any issue arising in connection with the implementation of this Circular should be promptly reported to the Ministry of Information and Communications. /.

Form 01 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

APPLICATION FORM FOR REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

To: The Bureau of Broadcasting and Electronic Information

1. Information on applicant:

- Full name:

- Abbreviation (or international business name):

- Headquarter address:

- Business office address (if any):

- Tel: Fax:

- Website: Email:

- Enterprise Registration Certificate/Investment Certificate/Establishment Decision No………..issued on………….

2. Types of cellular information services intended to be provide ( weather forecast, news, lottery results, consultancy, entertainment , etc)

3. Sources of news (self-creation, purchase or cooperation)

4. Number of staff specialized in contents and technical aspects; information on managerial-level personnel such as full name, date of birth, permanent residential address, ID No., qualifications, work performance.

5. Content production processes (if any):

6. Types of services (SMS, toll free services, premium services, built-in SIM cards), service codes and digital repositories (if any).

7. Name of mobile enterprises

8. Service charges (estimated service charges, methods of payment and payment immediaries);

9. Financial ability: charter capital and total investments;

10. Information on instruments used for service provision such as schematic diagrams, detail configurations, instrument functions; channels for rent, connecting mobile enterprises, system locations.

11. Data recovery and backup plans: redundant severs and connection networks.

12. Information safety and information security plans;

13. Information on legal representatives:

- Full name:

- Title:

- Contact number:

14. Information on content manager:

- Full name:

- Title:

- Contact number:

15. We hereby commit ourselves to:

- Be legally responsible for the accuracy and legitimacy of our statement herein and enclosed documents.

- Strictly comply with regulations of laws on provision of cellular information services and other terms prescribed in the Certificate of Registration to provide cellular information services./.

Form 02 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

CERTIFICATE OF REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

THE DIRECTOR OF THE BUREAU OF BROADCASTING AND ELECTRONIC INFORMATION

Pursuant to the Government’s Decree No.132/2013/ND-CP date October 16, 2013 defining functions, responsibilities, entitlements and organization of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No.72/2013/ND-CP on management, provision and utilization of Internet and online information services dated July 15, 2013;

Pursuant to the Circular No. …./2016/TT-BTTTT dated ……………by the Minister of the Ministry of Information and Communications providing detail regulation on procedures for registrations of information services provision via cellular networks;

In consideration of the request of [name of applicant];

At request of the Manager of the Department of Electronic Information,

HEREBY DECIDES

TO AWARD
CERTIFICATE OF REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

To:

1. Information on applicant:

- Full name:

- Abbreviation (or international business name):

- Enterprise Registration Certificate/Investment Certificate/Establishment Decision No………..issued on………….

- Headquarter address:

- Business office address (if any):

- Tel: Fax:

- Website: Email:

2. Methods of service provision:

3. Information on legal representatives:

- Full name:

- Title:

- Contact number:

4. This Certificate comes into effect from the date of its signature.

5. The cellular information service provider awarded this Certificate shall comply with Government’s Decree No.72/2013/ND-CP dated July 17, 2013 on management, utilization Decree provision of Internet and information services; and Circular No……….dated……….. by the Minister of the Ministry of Information and Communications defining procedures for registration to provide cellular information services and terms prescribed in this Certificate.

Form 03 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

APPLICATION FORM FOR AMENDMENTS TO CERTIFICATE OF REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

To: The Bureau of Broadcasting and Electronic Information

1. Information on the applicant

- Full name

- Abbreviation:

- Headquarter address:

- Tel: Fax: Website:

- The Certificate of Registration to Provide Cellular Information Services No….issued by……on…………[date].

2. Amendments:

3. Reasons for amendments:

4. Enclosed documents:

5. Commitments: We hereby commit ourselves to be legally responsible for the accuracy and legitimacy of our statement herein and enclosed documents.

Form 04 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

APPLICATION FORM FOR RE-GRANT OF CERTIFICATE OF REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

To: The Bureau of Broadcasting and Electronic Information

1. Information on the applicant

- Full name

- Abbreviation:

- Headquarter address:

- Tel: Fax: Website:

- The Certificate of Registration to Provide Cellular Information Services No….issued by……on…………[date].

2. Reasons for re-grant:

3. Amendments:

Reasons:

4. Commitments: We hereby commit ourselves to be legally responsible for the accuracy and legitimacy of our statement herein and enclosed documents.

Form 05 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

CERTIFICATE OF AMENDMENTS TO EXISTING CERTIFICATE OF REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

THE DIRECTOR OF THE BUREAU OF BROADCASTING AND ELECTRONIC INFORMATION

Pursuant to the Government’s Decree No.132/2013/ND-CP date October 16, 2013 defining functions, responsibilities, entitlements and organization of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No.72/2013/ND-CP on management, provision and utilization of Internet and online information services dated July 15, 2013;

Pursuant to the Circular No. …./2016/TT-BTTTT dated ……………by the Minister of the Ministry of Information and Communications providing detail regulation on procedures for registrations of information services provision via cellular networks;

Pursuant to the existing Certificate of Registration to Provide Cellular Information Services No……...

In consideration of the request of [name of applicant];

At request of the Manager of the Department of Electronic Information,

HEREBY DECIDES

TO AWARD
CERTIFICATE OF AMENDMENTS TO THE EXISTING CERTIFICATE OF REGISTRATION TO PROVIDE CELLULAR INFORMATION SERVICES

To:

1. Information on applicant:

- Full name:

- Abbreviation (or international business name):

- Enterprise Registration Certificate/Investment Certificate/Establishment Decision No………..issued on………….

- Headquarter address:

- Business office address (if any):

- Tel: Fax:

- Website: Email:

1. Amendments:

2. This Certificate comes into effect from the date of its signature. Other terms prescribed in the Certificate of Registration to Provide Cellular Information Services No……..are still valid.

Form 06 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

REPORT ON PROVISION OF CELLULAR INFORMATION SERVICES

To: The Bureau of Broadcasting and Electronic Information

I. Information on the service provider

- Full name

- Abbreviation (or international business name):

- Headquarter address:

- Business office address (if any):

- Tel: Fax:

- Website:

- The Certificate of Registration to Provide Cellular Information Services No….issued by……on…………[date].

II. Status report on provision of cellular information services:

- Adjustments to provided information and telecommunications resources (service codes or number) (if any);

- Methods of service provision

- Types of information

- Sources of news:

- Quantity and location of the host in Vietnam

- Total revenue:

- Name of mobile enterprises:

- Methods of payment and payment intermediaries:

- Number of complaints about information services that have been lodged, their contents and solutions:

- Proposals (if any)

Trân trọng./.

Form 07 issued together with the Circular 17/2016/TT-BTTTT dated June 28, 2016

PERIODIC REPORT

To: The Bureau of Broadcasting and Electronic Information

I. Information on the mobile enterprise

- Full name

- Abbreviation (or international business name):

- Headquarter address:

- Business office address (if any):

- Tel: Fax:

- Website: Email:

II. Status report on provision of cellular information services:

- Connecting cellular information service providers and respective digital repositories.

- Quantity of written complaints about information services that have been received and transferred;

- Number of cases of which service charges wrongly collected has been returned

- Arising issued (if any) (remarkable increasing in information service revenues):

Trân trọng./.