Conditions for applying for a telecommunications service business license

A telecommunications service business license is a condition for businesses to operate legally in the telecommunications sector, helping to ensure compliance with legal regulations and protect the rights of consumers. Owning this license not only helps businesses improve their reputation, but also opens up opportunities for cooperation, and sustainable development and contributes to improving the quality of telecommunications services on the market. The following article will provide specific information about this issue.

What is the telecommunications service business?

Pursuant to Point a, Clause 1, Article 10 of the Law on Telecommunications 2023, telecommunications service business is an investment activity in establishing a public telecommunications network and providing telecommunications services for profit purposes.

Conditions for granting telecommunications service business licenses

According to Article 36 of the Law on Telecommunications 2023, businesses that want to apply for a telecommunications service business license need to meet the following specific conditions:

First, the License to provide telecommunications services with network infrastructure using radio frequencies is granted through auction, competition for the right to use radio frequencies or re-issuance of licenses to use the frequency band.

1. Have a business registration certificate or investment registration certificate: This is a basic requirement to confirm that the enterprise is legal and qualified to do business.
2. Have minimum charter capital according to Government regulations: Each telecommunications enterprise needs to have a minimum charter capital, ensuring financial capacity to deploy services.
3. Not in the process of dissolution or bankruptcy according to the decision of a competent State agency.
4. Have a suitable technical plan and business plan: Enterprises must have a technical plan and business plan that meet the requirements of information infrastructure planning, technical standards, service quality, Protect the rights of service users, and ensure the safety of telecommunications infrastructure.
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.

Second, License to provide telecommunications services with network infrastructure

• Meets conditions (1), (2), (3), (4) of case 1;
• Conditions for telecommunications network deployment.

Third, License to provide telecommunications services without network infrastructure

Meets conditions (1), (3) and (4) of case 1.

Procedures for applying for a telecommunications service business license

File

Pursuant to Clauses 1 and 2, Article 23 of Decree 25/2011/ND-CP (amended by Points a and b, Clause 5, Article 1 of Decree 81/2016/ND-CP), documents when applying for a service business license Telecommunications includes:

• Application for license according to Form No. 01 in the Appendix issued with this Decree;
• Valid copies include copies issued from the original or certified copies of the business registration certificate, investment registration certificate for foreign investors (or valid copies of other valid equivalent license certificates);
• A copy of the effective charter of the enterprise with the enterprise’s seal of confirmation;
• Document confirming legal capital according to instructions of the Ministry of Information and Communications;
• Business plan for the first 5 years from the date of license issuance;
• The technical plan corresponds to the business plan for the first 5 years from the date of issuance;
• Written commitment to implement the license according to Form No. 07 in the Appendix issued with this Decree.

Implementation procedures

Below are the detailed steps in the procedure for applying for a telecommunications service business license, based on the provisions of Article 23 of Decree No. 25/2011/ND-CP and the instructions of the Department of Telecommunications:

Step 1: The enterprise submits an application for a license:

Enterprises need to submit an application for a telecommunications service business license to the Department of Telecommunications.

Step 2: The Department of Telecommunications checks the validity of the dossier:

Within 5 working days of receiving the dossier, the Telecommunications Department will check and notify the business about the validity of the dossier.

If the application is valid, the Department of Telecommunications will proceed to the next step. If the dossier is invalid, the Department will request the enterprise to correct and supplement missing documents.

Step 3: Appraise documents and issue licenses to provide telecommunications services:

Within 15 working days from receipt of valid dossiers, the Department of Telecommunications will preside over and coordinate with relevant agencies to appraise the dossiers and issue licenses to provide telecommunications services to businesses.

Step 4: Appraise documents and issue licenses to establish public telecommunications networks:

Similar to step 3, within 15 working days from the date of receiving valid documents, the Department of Telecommunications will preside over and coordinate with relevant agencies to appraise the documents and grant a license to establish a public telecommunications network for the enterprise.

If there are special cases, according to the provisions of Clause 2, Article 19 and Clause 3, Article 20 of Decree No. 25/2011/ND-CP, the enterprises will be granted telecommunications licenses within 5 working days from the date of completion of the obligation to ensure license implementation according to the notification of the Telecommunications Department.

Step 5: Notice of license refusal (if any):

If the Department of Telecommunications decides to refuse to grant a license, they will notify the business in writing stating the reason for refusal.

In this case, businesses can correct or supplement information and documents to resubmit.

Cases of exemption from telecommunications service business licenses

Pursuant to Article 42 of the Law on Telecommunications 2023, there are 4 cases where telecommunications service business licenses are exempted, including:

• Trading in telecommunications goods.
• Providing telecommunications services in the form of telecommunications service agents.
• Rent 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 to apply for a quick telecommunications service business license

If you are still worried about having to meet the conditions when applying for a telecommunications service business license, Long Phan’s fast telecommunications service business license consulting service will help you. Do this in the most convenient and quick way!

With professional consulting services at Long Phan, you will receive:

• Consulting on conditions for granting telecommunications service business licenses;
• Consulting and supporting the preparation of applications for telecommunications service business licenses;
• Detailed instructions on the order and procedures for applying for a telecommunications service business license;
• Representing customers to quickly apply for a telecommunications service business license;
• Consulting and guidance on handling problems during the permit application process.

To be granted a telecommunications service business license, your business needs to ensure all requirements regarding documents, financial capacity, and telecommunications infrastructure. With a team of experts, who have a deep understanding of regulations in the telecommunications industry, Long Phan brings you quick, professional and effective consulting services. Contact us immediately via the hotline: 0906735386 for detailed advice and support!