Conditions for being granted a license telecommunications service business

Article overview

Licensing of telecommunications service business opens up vast opportunities for businesses to participate in the potential telecommunications market in Vietnam. The licensing process is designed to ensure fairness and transparency, creating conditions for units that meet the conditions to develop strongly in this field. The following article by Long Phan will provide detailed information, helping businesses master the process, conditions and procedures for applying for a telecommunications service business license.

Legal regulations on licensing telecommunications services business
Legal regulations on licensing telecommunications services business

Competent authority to issue telecommunications service business licenses

According to Clause 4, Article 33 of the Law on Telecommunications 2023, the Minister of Information and Communications has the authority to grant telecommunications service business licenses.

Conditions for granting telecommunications business licenses to businesses

Article 36 of the Law on Telecommunications 2023 specifically stipulates the conditions for businesses to be granted a telecommunications service business license. These conditions take effect from July 1, 2024, to ensure that qualified businesses can participate in the telecommunications market. Specific requirements are as follows:

Case 1: Telecommunications licenses with network infrastructure using radio frequencies are granted through auctions, competitions for the right to use radio frequencies or re-issuance of licenses to use radio frequencies.

  1. Have a business registration certificate or investment registration certificate;
  2. Have minimum charter capital according to Government regulations;
  3. Not in the process of dissolution or bankruptcy according to the decision of a competent state agency;
  4. Have a technical plan and business plan consistent with the information and communications infrastructure planning, the provisions of this Law on telecommunications resources, connections, service prices, standards and technical regulations, quality of telecommunications services, ensuring the safety of telecommunications infrastructure, ensuring the legitimate rights and interests of telecommunications service users and other relevant legal provisions;
  5. 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;
  6. Win the auction, pass the exam for the right to use radio frequencies or be eligible to be re-issued a license to use the frequency band.

Case 2: Telecommunications license with network infrastructure, except for the case in Clause 1, Article 35 of the Law on Telecommunications 2023

  • Conditions 1, 2, 3, 4 of case 1
  • Conditions for deploying telecommunications networks according to Government regulations.

Case 3: A telecommunications license without network infrastructure, except in the case of providing services, must carry out registration procedures and notification of telecommunications service provision specified in Clauses 1 and 2, Article 41 of the Law on Telecommunications 2023. for businesses when all conditions 1, 3, 4 of case 1 are met

Conditions for granting a telecommunications service business license
Conditions for granting a telecommunications service business license

Cases where businesses are exempt from telecommunications licenses

Apartment Article 42 of the Law on Telecommunications 2023, the following cases are exempt from telecommunications licenses:

  • Trading in telecommunications goods;
  • Providing telecommunications services in the form of telecommunications service agents;
  • Renting transmission lines to provide telecommunications application services;
  • A private telecommunications network in which network members belong to the same organization and do not establish telecommunications transmission lines themselves.

Consulting services and support for applying for a telecommunications service business license

Using consulting services and support for applying for a telecommunications service business license helps customers ensure compliance with current legal regulations. At Long Phan, we are ready to support you effectively in the license application process and help you prepare documents and meet legal requirements. Long Phan’s services include:

  • Consulting on licensing conditions
  • Support in preparing licensing applications
  • Consulting on processes and procedures
  • Representing the business during the application process
  • Support explanations and additional documents as required
  • Consulting on issues that arise after being granted a telecommunications service business license.
 Consulting on applying for a telecommunications service business license
Consulting on applying for a telecommunications service business license

Licensing telecommunications services businesses need to ensure compliance with regulations to optimize licensing opportunities for businesses wanting to participate in the Vietnamese telecommunications market. You also have related questions. Please contact Long Phan via hotline 0906735386 for detailed advice on the entire process, from eligibility assessment to document preparation and post-licensing monitoring.