| THE MINISTRY OF INFORMATION AND COMMUNICATIONS -------- No. 04/2012/TT-BTTTT | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- Hanoi, April 13, 2012 |
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 5. 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.
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