Thông tư 04/2012/TT-BTTTT

CIRCULAR

ON THE MANAGEMENT OF PREPAID MOBILE SUBSCRIBERS

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

Pursuant to the Government's Decree No. 25/2011/ND-CP of April 06, 2011 on detailing and guiding the implementation of a number of articles of the Law on telecommunication;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications, amended and supplemented under the Decree No. 50/2011/ND-CP of June 24, 2011;

At the proposal of the Director of the Vietnam Telecommunications Authority;

The Minister of Information And Communications promulgates the Circular on the management of prepaid mobile subscribers

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the management of prepaid mobile subscribers including registering, retaining and using subscribers information and subscribers numbers of individuals, representatives of agencies, organizations that use prepaid land mobile telecommunication services.

Article 2. Subjects of application

This Circular is applicable to:

1. State administrative agencies at all levels that directly relate to the management and use of prepaid mobile services.

2. Enterprises providing mobile telecommunication services.

3. SIM (subscriber identification modules) distribution agents

4. Owners of subscriber registration offices.

5. Owners of prepaid mobile subscribers.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Prepaid land mobile telecommunication services (hereinafter referred to as prepaid mobile services) are services that the users must make payment in advance to enterprises providing mobile telecommunication services by subscribing to the mobile accounts attached to the prepaid SIM cards or prepaid terminal devices (that do not use SIM cards) or similar forms.

2. Enterprises providing mobile telecommunication services (hereinafter referred to as enterprises providing mobile services) are telecommunication enterprises licensed by the Ministry of Information and Communications to establish the network and provide land mobile telecommunication services.

3. SIM distribution agents are organizations, individuals concluding contracts with enterprises providing mobile services or with SIM distribution agents that have concluded contracts with enterprises providing mobile services as their agents to sell SIM cards to other organizations and individuals.

4. Owners of subscriber registration offices are organizations and individuals that have signed authorization contracts with enterprises providing mobile services to receive subscribers’ information.

5. Owners of prepaid mobile subscribers (hereinafter referred to as subscriber owners) are individuals, representative of agencies, organizations using prepaid mobile telecommunication services, including:

a) Subscriber owners using prepaid mobile services;.

b) Subscriber owners using other prepaid mobile telecommunication services as prescribed by the Ministry of Information and Communications.

6. The database of prepaid mobile subscriber information is the collection of equipment (including hardware and software) being connected to serve the update, retention, management and use of subscriber information of enterprises providing mobile services.

7. SIM card is the subscriber identification module used for mobile subscriber terminal devices to store information of the mobile subscriber number, the subscriber services and the enterprise providing mobile services. There are three kinds of SIM cards:

a) SIM cards without subscriber information registration are SIM cards of which the mobile subscriber number, the service have been declared, and the account may or may not be credited, and the subscriber owner's information is not recorded on the database of subscriber information;

a) SIM cards with subscriber information registration are SIM cards of which the mobile subscriber number, the service have been declared, and the account may or may not be credited (including original account and promotion account), and the subscriber owner's information has been recorded on the database of subscriber information after the user registers the subscriber information as prescribed in this Circular. SIM cards with subscriber information registration includes:

- Not activated.

- Activated and put into use, two-way opened, two-way deactivated or one-way deactivated but unexpired

c) Universal SIM cards are SIM cards of which the subscriber information can be registered online apart from the utilities of SIM cards prescribed in Clause a, Clause b this Article.

Article 4. Principles of registering, retaining and using subscriber information

1. The method and procedures for registration must be reasonable and simple without causing inconvenience and extra costs for subscriber owners.

2. The subscriber information must be uniformly registered, retained, concentrated, reliable and properly used.

3. The subscriber information confidentiality must be secure except for the following cases:

a) The subscriber owners agrees to provide their information;

b) The enterprises providing mobile services agree in writing among themselves about the exchange and provision of subscriber information in order to manage charges and prevent the avoidance of contractual obligation of subscriber owners;

c) Upon the request of competent State agencies as prescribed by law.

Article 5. Prohibited acts when registering, retaining and using prepaid mobile subscriber information

1. Using ID cards or passports of other people to register the subscriber information.

2. Using one person’s ID card or passport to register another’s subscriber information except for the case prescribed in Clause 2 Article 7 of this Circular.

3. Activating prepaid mobile subscribers while the owners have not registered the subscriber information as prescribed.

4. Trading, circulating pre-activated SIM without subscriber information registration as prescribed (not registering subscriber information or improperly registering subscriber information as prescribed in Article 7 of this Circular).

5. Illegally revealing, using prepaid mobile subscriber information.

6. Trading, circulating, using universal SIM cards to register subscriber information or devices that can activate SIM cards without taking out the SIM card.

Chapter II

REGISTERING, RETAINING AND USING PREPAID MOBILE SUBSCRIBER INFORMATION

Article 6. Subjects of registration

Every subject prescribed in Clause 5 Article 3 is obliged to register subscriber information, including:

1. Subscriber owners purchasing new SIM cards to use prepaid mobile services;.

2. Subscriber owners using prepaid mobile services without subscriber information registration.

3. Subscriber owners changing the registered subscriber information.

Article 7. Procedures for registering subscriber information.

1. The subscriber owners prescribed in Article 6 must register directly at the subscriber information registration offices to get the subscriber number, present the ID cards (or passport) for Vietnam’s citizens, unexpired passports for foreigners, the letter of introduction together with the Business registration certificate or the Establishment license of agencies, organizations for representatives of agencies, organizations or owners of subscriber registration offices (hereinafter referred to as transactors); fill in the “Prepaid mobile subscriber information declaration” under the form promulgated by the enterprise.

2. Persons below 14 years old (without ID cards or passports), their registration must be guaranteed by their parents or guardians as prescribed by law.

3. The Prepaid mobile subscriber information declaration must fully contain the following information:

a) For subscriber owners being individuals holding Vietnamese nationality:

- The full subscriber number (network code and subscriber number);

- Full name of the subscriber owner (under the ID card or passport);

- Subscriber owner’s date of birth;

- The subscriber owner’s ID number or passport number (unexpired), date of issue, place of issue.

b) For subscriber owners being individuals holding foreign nationality:

- The full subscriber number (network code and subscriber number);

- Full name of the subscriber owner (under the passport);

- Subscriber owner’s date of birth;

- The subscriber owner’s nationality;

- The subscriber owner’s passport number (unexpired), date of issue, place of issue.

- The unexpired Visa for Vietnam.

c) For Subscriber owners being the representatives of agencies, organizations:

- The full subscriber number (network code and subscriber number);

- Name and transaction address of the agency, organization (under the letter of introduction);

- The representative’s full name;

- The representative’s date of birth;

- The representative’s ID number or passport number (unexpired), date of issue, place of issue.

4. When receiving subscriber information, the transactor must request the subscriber owner to provide the copy of ID card or passport to retain and the original to compare; photocopy or scan the ID card, passport (for subscriber information registration offices of wards, towns and provincial cities); check and compare with the information in “Prepaid mobile subscriber information declaration”. In case the subscriber information declaration is not consistent with the ID card or passport, or the ID card, passport is not valid, the transactor must not accept the information registration and must notify the subscriber owner.

5. The photocopy or scan of the ID card, passport and the subscriber information that has been validly registered at subscriber information registration offices must be updated on the concentrated database of enterprises providing mobile services within 12 hours as from receiving the subscriber information declaration together with the name and address of the owner of subscriber registration office registered via the internet between the subscriber information registration office and the enterprise providing mobile services. It is not allowed to use instant messages, telephones, fax and universal SIM cards to register and transmit subscriber information.

6. The enterprises providing mobile services shall activate the registered subscriber number for the subscriber owner only after the subscriber information update is done and registered on the concentrated the database of the enterprise providing mobile services.

7. When the subscriber owner of which the subscriber is two-way activated, or one-way/two-way deactivated but still unexpired transfers the use rights to another person, the recipient must re-register the subscriber information within 10 working days as from receiving the use rights.

Article 8. Subscriber registration offices.

1. The subscriber shall be registered at:

a) Public telecommunication service provision offices of telecommunication enterprises;

b) Subscriber information registration offices contractually authorized by enterprises providing mobile services to receive subscriber information registration.

2. The subscriber information registration office must satisfy the following conditions:

a) Legal conditions:

- Owners of subscriber registration offices must be individuals holding Vietnamese nationality from 18 years old and above that have valid and unexpired ID cards or passport;

- Owners of subscriber registration offices being enterprises must have the valid Business registration certificate;

- Having committed to comply with the provisions on managing prepaid mobile subscribers with enterprises providing mobile services that contractually authorize the subscriber information registration reception.

b) Requirements of places and transactors:

- Having fixed subscriber information registration offices with particular addresses and space for receiving prepaid mobile subscriber information registration and being legally entitled to use such place;

- The minimum area is 20 m² regarding subscriber information registration offices of wards of provincial cities; The minimum area is 10 m² regarding subscriber information registration offices in other areas;

- Having posted the process and procedures for prepaid mobile subscriber information registration;

- The transactors and owners of subscriber registration offices are provided with training in the process and procedures for subscriber information registration by enterprises providing mobile services.

c) Minimum requirements of equipment:

- Having computers that have subscriber management, registration and storing software and connected to telecommunication enterprises in order to transmit subscriber information to the database of telecommunication enterprises;

- Having photocopiers or scanners regarding subscriber information registration offices of wards, towns and provincial cities;

- Having the signboard showing “Subscriber information registration offices”.

3. Enterprises providing mobile services are only allowed to sign the authorization contract to receive prepaid mobile subscriber information registration with individuals, enterprises that satisfy the requirements prescribed in Clause 2 this Article.

Article 9. Using efficiently mobile number sources

1. Mobile number sources are limited. In order providently, efficiently and equitably use the telecommunication resources, each individual is allowed to use their ID card, passport to register at most three (03) prepaid mobile subscriber numbers from each mobile information network. Individuals being representatives of agencies, organizations are allowed to use their ID card, passport to register at most one hundred (100) prepaid mobile subscriber numbers from each mobile information network.

2. The time limit for enterprises to hold the subscriber number on the system after the subscriber is two-way deactivated is 30 days. After this time limit, such subscriber numbers shall be reuse.

3. Subscriber owners shall be able to use prepaid mobile services prescribed in Clause 1 Article 6 within 72 hours as from completing the subscriber information registration at subscriber information registration offices. If the service is not activated, the registered subscriber information shall be cancelled. Subscriber owners wishing to use the service must implement the procedures similarly to that of new subscribers.

Article 10. Retaining subscriber information

1. The database system containing subscriber information of enterprises shall be uniformly built for each enterprise providing mobile services in order to collect, update, retain and manage subscriber information scientifically, reliably and safely.

2. The database of subscriber information of enterprises providing mobile services must be ready to connect to the database of State management agencies to use for the cases prescribed in Clause 1, Clause 2 Article 11.

3. The Prepaid mobile subscriber information declaration must be retained in writing in at least twelve (12) months as from the date of registration to serve the inspection and comparison of administration agencies.

4. The copies of ID cards and passports must be retained at least twelve (12) months for hard copies and five (05) years for soft copies as from the date of registration to serve the inspection and comparison of administration agencies.

Article 11. Using subscriber information

Subscriber information is only provided and used for the following purposes:

1. Serving the information safety and security.

2. Serving the State administration of telecommunication network, services and telecommunication resource management.

3. Serving the management, utilization and service provision of enterprises providing mobile services.

Article 12. Checking subscriber information

1. Enterprises providing mobile services shall organize and guide the access (on websites) and notify (by instant messages) owners of prepaid mobile subscribers so that they can access and check the information of their activated subscriber numbers. The checking method must ensure the information confidentiality of users: only the information of the used subscriber number can be checked, not the others.

2. For the information checking method by instant messages, the subscriber owner shall send the instant message “TTTB" to 1414. After receiving the instant message from the subscriber owners, enterprises providing mobile services must send the notification message to the subscriber owners of the registered subscriber information of those subscriber numbers, including: Full name; date of birth, ID number; place of issue.

Chapter III

RESPONSIBILITIES FOR PREPAID MOBILE SUBSCRIBER MANAGEMENT AND REGISTRATION

Article 13. Responsibilities of State management agencies

1. The Ministry of Information and Communications:

a) Directing the Ministerial units and enterprises providing mobile services to propagate and disseminate the implementation of this Circular on means of mass media in order to guide the public and service users;

b) Establishing, promulgating the plan for deploying the prepaid mobile subscriber management as prescribed in this Circular;

c) Guiding, inspecting, handling violations and settle complaints, denunciations of the registration, retention and use of prepaid mobile subscriber information under the authority and the current law provisions;

d) Cooperating with the Ministry of Public Security, the Ministry of National Defense, People’s Committees of central-affiliated cities and provinces to deploy the prepaid mobile subscribers management as prescribed;

dd) Building the technical systems connected to enterprises providing mobile services that serve the collection, retention and management of mobile subscriber figures.

2. People’s Committees of central-affiliated cities and provinces shall guide the Service of Information and Communications to:

a) Cooperate with provincial and municipal Public security stations to propagate, disseminate and guide local mobile information enterprises and agents in the registration, retention and use of subscriber information in accordance with this Circular;

b) Guiding, inspecting, handling administrative violations and settle complaints, denunciations of the registration, retention and use of prepaid mobile subscriber information intra vires and the current law provisions;

c) During the inspection, if the owners of subscriber registration offices are found to be committing the prohibited acts prescribed in Article 5 of this Circular, such owners shall be administratively sanctioned and the enterprises providing mobile services shall be requested in writing to terminate the authorization contracts with the owners of subscriber registration offices and notify other enterprises providing mobile services to terminate or to not sign authorization contracts with those owners of subscriber registration offices;

d) During the inspection, if the owners of subscriber registration offices are found to be committing the prohibited acts prescribed in Clause 2 Article 8 the enterprises providing mobile services shall be requested in writing to terminate the authorization contracts with the owners of subscriber registration offices.

Article 14. Responsibilities of enterprises providing mobile services

1. Investing in building the technical system and database for collecting, retaining and managing subscriber information. Safely operating and utilizing the equipment serving the registration, retention and use of subscriber information as prescribed in this Circular. Connecting the database of subscriber information with the database of specialized State management agencies of telecommunication and national security.

2. Establishing subscriber information registration offices:

a) In every ward, commune nationwide, the enterprises providing mobile services of which the market share is restricted must establish at least one subscriber information registration office under one of the following forms:

- Establishing subscriber information registration offices independently;

- Cooperating with other enterprises providing mobile services to establish subscriber information registration offices in cooperation;

- Signing authorization contracts with the Vietnam Post Corporation, Viettel Post Joint Stock Corporation, the Saigon Post to establish subscriber information registration offices at Commune Post offices;

- Signing authorization contracts with other enterprises providing mobile services to establish subscriber information registration offices at the subscriber information registration offices that have been independently established.

a) In every district, town, provincial city, the enterprises providing mobile services of which the market share is restricted must establish at least one subscriber information registration office. Other enterprises providing mobile services must establish at least one subscriber information registration office under one of the following forms:

- Establishing subscriber information registration offices independently;

- Cooperating with other enterprises providing mobile services to establish subscriber information registration offices;

- Signing authorization contracts with the Vietnam Post Corporation, Viettel Post Joint Stock Corporation, the Saigon Post to establish subscriber information registration offices at Commune Post offices;

- Signing authorization contracts with other enterprises providing mobile services to establish subscriber information registration offices at the subscriber information registration offices that have been independently established.

3. Establishing, deploying and reporting the Ministry of Information and Communications about the plan for prepaid mobile subscriber management on the basis of the plan for prepaid mobile subscriber management of the Ministry of Information and Communications.

4. Establishing, promulgating and organize the implementation, procedures for subscriber information registration prescribed in Article 7.

5. Updating the statistics and sending reports to the Service of Information and Communications on the subscriber figures and the list of local subscriber information registration offices Every quarter and year. The list of subscriber information registration offices includes: Name, address of owners of subscriber registration offices together with the ID card copy or passport copy; the business registration certificate.

6. Signing contracts to authorize prepaid the mobile subscriber information registration with eligible enterprises, individuals as prescribed in Article 8. The authorization contracts must allow enterprises providing mobile services to unilaterally suspend, terminate the contract when owners of subscriber registration offices violate the provisions in Article 5 and Clause 2 Article 8 of this Circular and violate the commitments in the authorization contracts signed with enterprises providing mobile services.

7. Disseminating, guiding the owner of subscriber registration offices and subscriber owners to implement this Circular and the plan, procedures for prepaid mobile subscriber information registration.

8. Inspecting and supervising the observance of the provisions and documents guiding the implementation this Circular and the plan, procedures for prepaid mobile subscriber information registration regarding owners of subscriber registration offices.

9. Terminating the contract to authorize the prepaid mobile subscriber information registration with the owner of subscriber registration offices that commit the prohibited acts prescribed in Article 5 and Clause 2 Article 8 of this Circular at the request of local Services of Information and Communications. For owners of subscriber registration offices violating the provisions in Article 5, apart from terminating the authorization contracts, enterprises providing mobile services must send written notifications to local Services of Information and Communications in order to request other enterprises providing mobile services to terminate the contracts to authorize the prepaid mobile subscriber information registration with the violating owners of subscriber registration offices and shall only sign the authorization contract with such owners of subscriber registration offices after 2 years from the date of termination.

10. Fully providing the subscriber owners’ ID numbers, passports numbers upon being requested by competent State management agencies to inspect and compare the registered prepaid mobile subscriber information in order to detect and handle the violations of the provisions on the management of prepaid mobile subscribers.

11. Handling the customers’ complaints about the registration, retention and use of prepaid mobile subscriber information of enterprises.

12. Complying with the inspection from competent State management agencies as prescribed by law.

13. Guiding subscriber owners to re-register at authorized subscriber information registration offices if the registered information is found incorrect or after being notified by the enterprise.

14. Sending reports to the Ministry of Information and Communications periodically and irregularly on request about the management of prepaid mobile subscribers prescribed in this Circular. Monthly, enterprises providing mobile services shall send reports to the Ministry of Information and Communications before the 10^th in the following month about the subscriber information registration of the previous month under the Annex 1.

15. Actively cooperating with Vietnam Post Corporation, Viettel Post Joint Stock Corporation, Saigon Post to use Commune Post offices for subscriber information registration;

16. Cooperating with Central press agencies to disseminate and propagate the provisions on the management of prepaid mobile subscribers.

17. Disclosing and posting on the websites of enterprises providing mobile services the list of owners of subscriber registration offices authorized for prepaid mobile subscriber information registration.

18. Providing the phone numbers of standing divisions to the Service of Information and Communications in order to serve the management of prepaid mobile subscribers.

Article 15. Responsibilities of owners of subscriber registration offices

1. Satisfying the conditions prescribed in Clause 2 Article 8.

2. Inspecting, comparing, registering and managing prepaid mobile subscriber information in accordance with this Circular and the process of prepaid mobile subscriber information registration of enterprises providing mobile services.

3. Inspecting, updating, transmitting promptly and accurately the figures of prepaid mobile subscriber information being registered at their subscriber information registration offices to enterprises providing mobile services.

4. Handling complaints from subscriber owners about the registration and management of subscriber information that has been registered.

5. Complying with the inspections and decisions on inspections from competent State management agencies as prescribed by law.

6. Notifying enterprises providing mobile services, the Service of Information and Communications or competent agencies when detecting the violations during the registration, retention and use of prepaid mobile subscriber information.

Article 16. Responsibilities of owners of prepaid mobile subscribers.

1. Registering subscriber information as prescribed in this Circular.

2. Creating favorable conditions for competent State agencies, enterprises providing mobile services and authorized owners of subscriber registration offices to inspect and verify the provided subscriber information in order to protect the rights and interests of owners of prepaid mobile subscribers during the use.

3. Bearing responsibilities before law for the authenticity of the registered subscriber information.

4. Re-registering subscriber information when the subscriber owner is changed.

5. Notifying enterprises providing mobile services, authorized owners of subscriber registration offices or competent agencies when detecting the violations during the registration, retention and use of prepaid mobile subscriber information.

Article 17. Responsibilities of SIM distribution agents

1. Complying with the contracts for the distribution of SIM cards and with this Circular.

Complying with the inspections and decisions on inspections from competent State management agencies as prescribed by law.

3. Notifying enterprises providing mobile services, the Service of Information and Communications or local competent agencies when detecting the violations during the distribution of SIM cards, the registration, retention and use of prepaid mobile subscriber information.

Chapter IV

INSPECTIONS AND VIOLATION HANDLING

Article 18. Inspection

The inspection of the registration, retention and use of prepaid mobile subscriber information under this Circular shall be carried out by the Information and Communication inspectors as prescribed in the Law on Inspection and its guiding documents.

Article 19. Handling violations

1. The sanctions against administrative violations of the management of prepaid mobile subscribers shall be implemented under the Government's Decree No. 83/2011/ND-CP of September 20, 2011 on the sanctions against administrative violations of telecommunication.

2. Enterprises providing mobile services, owners of subscriber registration offices, SIM distribution agents and users of prepaid mobile services violating this Circular shall be liable to administrative sanctions or criminal prosecutions depending on the nature and extent of the violations as prescribed by law.

3. Enterprises providing mobile services are responsible to retain the subscriber numbers, accounts and use terms as from the time the SIM card is confiscated in order to serve the additional sanctions as prescribed in Clause 7 Article 19 the Government's Decree No. 83/2011/ND-CP of September 20, 2011 on the sanctions against administrative violations of telecommunication area regarding the violations prescribed in Clause 4 Article 5 of this Circular. The confiscation and transfers of the money in the confiscated SIM account must comply with the decisions on sanctions against administrative violations from competent State agencies and the guidance from the Ministry of Information and Communications.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20. Effects

This Circular takes effect on June 01, 2012 and supersede the Circular No. 22/2009/TT-BTTTT of June 24, 2009 of the Minister of Information and Communications on promulgating the Regulation on the management of prepaid mobile subscribers.

Article 21. Transitional provisions

1. After 06 months as from this Circular takes effect, the subscriber information registration offices not satisfying the conditions prescribed in Clause 2 Article 8 must stop receiving and registering prepaid mobile subscribers.

2. After 03 months as from this Circular takes effect, the prepaid mobile subscribers prescribed in Article 6 that fail to register subscriber information as prescribed or incorrectly provide information shall be suspended. Subscribers wishing to continue using the service must implement the procedures similarly to that of new subscribers.

3. After 06 months as from this Circular takes effect, enterprises providing mobile services shall organize and guide the access on websites and notify owners of prepaid mobile subscribers so that they can access and check the information of their activated subscriber numbers as prescribed in Clause 1 Article 12.

4. After 03 months as from this Circular takes effect, enterprises providing mobile services shall organize subscriber information registration offices of enterprises as prescribed in Point b Clause 2 Article 14.

5. After 06 months as from this Circular takes effect, enterprises providing mobile services shall organize subscriber information registration offices of enterprises as prescribed in Point b Clause 2 Article 14.

Article 22. Organizing the implementation

The Chief officers, the Chief inspector, the Director of the Vietnam Telecommunications Authority, Heads of ministerial agencies and units, the Directors of the Services of Information and Communications of central-affiliated cities and provinces , General Directors, Directors of enterprises providing mobile services and relevant organizations and individuals are responsible to implement this Circular./