Regulations on telecommunications service business under the Law on Telecommunications 2023 will take effect from July 1, 2024; accordingly, the conditions for suspending telecommunications services are as follows:

1. Conditions for Suspending Telecommunications Services

Pursuant to Article 23 of the Law on Telecommunications 2023, the conditions for a telecommunications enterprise to suspend telecommunications services include:

(i) A telecommunications enterprise may suspend part or all of its telecommunications services only when all of the following conditions are satisfied:

– It has a plan to ensure the lawful rights and interests of telecommunications service users under the signed contract for provision and use of telecommunications services and of relevant parties.

– It has notified the Ministry of Information and Communications of the suspension of telecommunications services.

(ii) A telecommunications enterprise holding essential facilities, a telecommunications enterprise or group of telecommunications enterprises with a dominant market position in a state-regulated telecommunications service market, or an enterprise providing public telecommunications services may suspend part or all of the telecommunications services directly related to essential facilities, dominant telecommunications services or public telecommunications services only if it satisfies the following conditions and obtains written approval from the Ministry of Information and Communications:

– It has a plan to ensure the lawful rights and interests of telecommunications service users under the signed contract for provision and use of telecommunications services and of relevant parties.

– Where the suspension of telecommunications services does not terminate operations, the enterprise must ensure the provision of alternative telecommunications services to users, transfer users to corresponding telecommunications services of another telecommunications enterprise, or agree on compensation for users.

– Where the suspension of services results from termination of operations, measures must be included in the reorganization plan or bankruptcy or dissolution plan to ensure the continued provision of telecommunications services to users.

(iii) Where telecommunications services are suspended at the request of a competent state authority due to the enterprise’s violation of law, the enterprise must have a plan to ensure the lawful rights and interests of telecommunications service users under the signed service contract and a plan to remedy the violation, and must report in writing to the Ministry of Information and Communications.

Thus, compared with Article 27 of the Law on Telecommunications 2009, Article 23 of the Law on Telecommunications 2023 provides more detailed and clearer conditions for telecommunications enterprises to suspend telecommunications services. In particular, it supplements provisions on suspension of services at the request of a competent state authority due to legal violations by the enterprise.

2. Types of Telecommunications Service Business Licenses

Pursuant to Clause 2 Article 33 of the Law on Telecommunications 2023, telecommunications service business licenses include:

• (i) A license to provide telecommunications services with network infrastructure, valid for no more than 15 years, granted to enterprises providing services with network infrastructure.
• (ii) A license to provide telecommunications services without network infrastructure, valid for no more than 10 years, granted to enterprises providing services without network infrastructure.

3. Conditions for Issuance of Telecommunications Service Business Licenses

Pursuant to Article 36 of the Law on Telecommunications 2023, conditions for issuance of telecommunications service business licenses include:

• 3.1. Conditions for issuance of a license to provide telecommunications services with network infrastructure using radio frequencies granted through auction, selection of radio frequency use rights, or reissuance of a frequency band use license
  (i) Having an Enterprise Registration Certificate or Investment Registration Certificate.
• (ii) Having minimum charter capital as prescribed by the Government.
• (iii) Not being in the process of dissolution or bankruptcy under a decision of a competent state authority.
• (iv) Having a technical plan and business plan consistent with information and communications infrastructure planning and with the provisions of the Law on Telecommunications 2023 on telecommunications resources, interconnection, service prices, technical standards and regulations, telecommunications service quality, security of telecommunications infrastructure, protection of lawful rights and interests of telecommunications service users, and other relevant legal provisions.
• (v) Ensuring commitments to deploy the telecommunications network for the frequency band or radio frequency channel granted through auction or selection, or for the reissued frequency band.
• (vi) Winning the auction or selection of radio frequency use rights, or satisfying the conditions for reissuance of the frequency band use license.

3.2. Conditions for issuance of a license to provide telecommunications services with network infrastructure, except for the case in Section 3.1 above and licenses for telecommunications services with network infrastructure issued in areas with special requirements as prescribed by the Government
– The conditions specified in items (i), (ii), (iii) and (iv) of Section 3.1 above.

– Conditions on telecommunications network deployment as prescribed by the Government.

3.3. Conditions for licenses to provide telecommunications services without network infrastructure
A license to provide telecommunications services without network infrastructure, except where service provision is subject to registration or notification procedures under Clause 1 and Clause 2 Article 41 of the Law on Telecommunications 2023, is granted to an enterprise when it fully satisfies the conditions specified in items (i), (iii) and (iv) of Section 3.1 above.