Thông tư 39/2016/TT-BTTTT

CIRCULAR

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 consumers’ right protection dated November 17, 2010;

Pursuant to the Government’s Decree No.132/2013/ND-CP dated October 16, 2013 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.

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 consumers’ right protection;

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;

Upon request of the Director of the Vietnam Telecommunications Authority,

The Minister of Information and Communications hereby issues this Circular stipulating regulation on specimen telecommunications contracts and general transaction terms and conditions.

Article 1. Scope

This Circular stipulates management, registration and application of specimen contracts and general transaction terms and conditions on provision and use of telecommunication services by telecommunications service providers, telecommunication service providers and users.

Article 2. Subjects of application

This Circular applies to:

1. Telecommunications specialized management authorities (Vietnam Telecommunications Authority affiliated to the Ministry of Information and Communications).

2. Telecommunications service providers for users in Vietnam.

Article 3. The list of telecommunications services subject to specimen contracts and general business terms and conditions on provision and use of telecommunications

1. Terrestrial fixed telephone services;

2. Land mobile services;

3. Terrestrial fixed and Internet access services

Article 4. The list of telecommunications services subject to specimen contracts and general transaction terms and conditions on provision and use of telecommunications

1. Fixed telecommunications services include:

a) Leased line service;

b) Data transmission service;

c) Videoconference service;

d) Virtual private network service.

2. Other telecommunication services according to the Ministry of Information and Communications‘s specific guidance.

Article 5. Terms of specimen contracts and general transaction terms and conditions on provision and use of telecommunications

1. Contracts and general transaction terms and conditions on provision and use of telecommunication services shall be made in writing and shall be conformable to Article 7 of the Government's Decree No.99/2011/ND-CP dated October 27, 2011 detailing and guiding a number of Articles of the Law on consumers’ right protection (hereinafter referred to as Decree No.99/2011/ND-CP)

2. The specimen contract for provision of telecommunications services (hereinafter referred to as “specimen contract”) shall comprises terms prescribed in Annex I attached hereto.

3. The transaction terms for provision of telecommunications services shall comprises terms prescribed in Annex 2 attached hereto.

Article 6. Registration for specimen contracts and general transaction terms and conditions on provision and use of telecommunications

1. The authorities in charge of receiving applications for registration for specimen contracts and general transaction terms and conditions on provision and use of telecommunications are prescribed in Article 9 of the Government's Decree No.99/2011/ND-CP dated October 27, 2011.

2. The procedure for registering specimen contracts and transaction terms and conditions on provisions and use of telecommunications services is stipulated in Article 10, Article 11, Article 12, Article 14, Article 15 and Article 16 of the Decree No.99/2011/ND-CP.

Article 7. Notification of application of specimen contracts and general transaction terms and conditions

1. Vietnam Telecommunications Authority - Ministry of Information and Communications shall receive notifications of application of specimen contract and transaction terms and conditions.

2. The notification of application of the specimen contract and general transaction terms and conditions shall include:

A written notification of application of specimen contract and general transaction terms and conditions

b) A draft specimen contract and general transaction terms on provision and use of telecommunications

3. The telecommunication enterprise shall send a notification of application of the specimen contract and general transaction terms to users at least 10 working days prior to actual application.

4. The Vietnam Telecommunications Authority shall cooperate with Vietnam Competition Authority- Ministry of Industry and Trade in updating and publishing of contracts and general transaction terms on provision and use of telecommunications services prescribed in Article 3 hereof which are registered and approved under article 6 hereof on the website of the Vietnam Telecommunications Authority – Ministry of Information and Communications.

5. The Vietnam Telecommunications Authority shall review and examine draft contracts and general transaction terms and conditions on provision and use of telecommunications services prescribed in Article 4 hereof.

a) In case the draft contracts and general transaction terms meet requirements prescribed herein, the Vietnam Telecommunications Authority shall publish such draft contracts and general transaction terms on the website of the Vietnam Telecommunications Authority – Ministry of Information and Communications.

b) In case of any omission, incompatibility or lack of any terms on a specimen contract and general transaction term, the Vietnam Telecommunications Authority shall send a written request for modification and supplementation to the specimen contract and general transaction term as stipulated herein.

6. The telecommunication enterprise shall send a written notification of any change in the specimen contract and general transaction term stipulated in Article 4 hereof to the Vietnam Telecommunications Authority and modified specimen contracts and general transaction terms on websites and at transaction points, selling points and agencies.

Article 8. Responsibilities of telecommunications service providers

1. Inform application of specimen contracts and general transaction terms as stipulated in Article 7 hereof.

2. Ensure specimen contracts and general transaction terms and conditions are understandable to users.

3. Ensure the specimen contract and general transaction terms including mandatory contents prescribed in Annex 1 and Annex 2 attached hereto.

4. Make specimen contracts and general transaction terms publicly available on the website of the enterprises, selling points, suppliers and agencies.

5. Accurately and completely collate, examine and restore subscribers’ information

6. Comply with regulations of laws on specimen contracts and general transaction terms on provision of telecommunications

Article 9. Entry into force

This Circular enters into force dated February 15, 2017.

Article 10. Transitional provisions

1. within 60 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; 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;

b) 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 hereof.

2. Within 60 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 if the customer requests;

Article 11. Implementation

1. The Chief of Office, Director of the Vietnam Telecommunications Authority, Heads of Ministerial agencies; telecommunications service providers and relevant entities 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.

ANNEX 1

(Issued together with the Circular No.39/2016/TT-BTTTT dated December 26, 2016 by the Minister of Information and Communications)

MANDATORY CONTENTS OF TELECOMMUNICATIONS PROVISION SPECIMEN CONTRACT

1. Basis of contract

In addition to relevant legislative documents, a telecommunications service contract is prepared with the reference to: The 2009 Law on telecommunication, 2010 Law on consumers’ right protection and Decree No.25/2011/ND-CP Decree No.81/2016/ND-CP and Decree No.99/2011/ND-CP.

2. Information on contractual parties shall include the following mandatory contents and other contents as prescribed in current regulations of laws:

a) Telecommunications service provider’ information:

- Business name;

- Business license No.;

- Enterprise registration certificate/investment registration certificate No; date of issue and issuer;

- Contract number;

- TIN;

- Account number ( one or more account number used for transaction);

- Mailing address, contact number and website ( if any)

b) user’s information:

- Full name (if individual) or business name/organization ( including the representative's full name);

- Date of birth ( individual/representative of an organization, enterprise);

- Mailing address and telephone number;

- ID/passport ( for individuals/organization representatives) Number, date of issue and issuer;

- Enterprise registration certificate/business establishment decision number ( for organizations) , date of issue and issuer

3. Description of provided telecommunications services:

a) Type of telecommunications services, mode of service delivery;

b) Subscriptions;

c) Methods and modes of payment;

d) Service quality;

dd) Date and duration of the provided service;

e) Service provider’s address (for terrestrial fixed telecommunications services);

g) user’s information (address, mailing address, website and telephone number);

h) Terms of suspension or termination of contracts;

i) VAT-inclusive services.

4. Rights and responsibilities of contractual parties

a) Rights of telecommunications service providers;

- Request users to provide necessary information related to provision of telecommunications services prescribe din the contract;

- Request users to make full payment of subscription and other fees and charges prescribed in the contract on due date.

a) 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 within 05 years from the date of receipt of the complaints.

c) Rights of users:

- Request the telecommunications service provider to provide necessary information related to the telecommunications services and VAT-inclusive services attached ;

- Be provided with quality telecommunications services at the subscription as prescribed in the contract;

- Refuse part or whole telecommunications services under the contract;

- Complain about the service quality and subscription; be entitled to refund subscriptions and compensate for damage incurred at the telecommunication enterprise’s faults or telecommunication agency’s faults;

- Have their information preserved secret;

- Have rights prescribed in clause 3, 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;

c) Obligations of users:

- Provide complete and accurate user’s information;

- Make full payment of subscription and incurred fees and charges ( if any) on due date;

- Compensate for damage directly caused by telecommunications service provider’s faults or agency’s faults;

- Take legal responsibilities for information transmitted, published and archived on the networks;

- Do not use telecommunications service providers’ telecommunications infrastructures for providing telecommunication services.

ANNEX 2

(Issued together with the Circular No.39/2016/TT-BTTTT dated December 26, 2016 by the Minister of Information and Communications)

BASIC GENERAL TRANSACTION TERMS AND CONDITIONS

1. Basis of general transaction terms

In addition to relevant legislative documents, general transaction terms and conditions are compiled pursuant to: The 2009 Law on Telecommunications, 2010 Law on Consumers’ Right Protection and Decree No.25/2011/ND-CP Decree No.81/2016/ND-CP and Decree No.99/2011/ND-CP.

2. Telecommunications service provider’ information:

a) Business name;

b) Business license No.;

c) Enterprise registration certificate/investment registration certificate No; date of issue and issuer;

d) Mailing address and telephone number;

3. Provided telecommunications services

a) Types f telecommunications services.

b) Service package.

4. Activation and terms of services

a) Instructions on service activations; duration of services;

b) Terms of services and other VAT-inclusive services.

5. Determination of subscription and method of payment

a) Subscription;

b) Method of payment.

6. VAT-inclusive services.

a) Support VAT-inclusive services enclosed when activating telecommunications services;

b) Cancellation and re-registration of VAT-inclusive services

7. Terms of unilateral termination of contract

a) Upon request of users;

b) Upon request of the service provider;

c) Upon request of the State competent authority.

d) Force majeure events.

8. Service quality control

Provide quality services as declared in advance;

9. Users’ information security

Ensure the confidentially of users' information as stipulated in regulations of laws.

10. Customer services

Mailing address;

b) Telephone number;

c) Website, email

d) Deadline for solving user’s complaints.