On July 10, 2024, the Minister of Information and Communications issued Circular 08/2024/TT-BTTTT detailing wholesale activities in telecommunications.
This circular provides detailed regulations on Clause 3 of Article 16 and Point d Clause 3 of Article 17 of the Telecommunications Law 2023 regarding wholesale activities in telecommunications (hereinafter referred to as wholesale activities).
Guidance on the Content of Wholesale Service Agreements:
- The agreements must be in writing, including full details on pricing, service quality standards, and other service conditions and terms that the wholesale business is ready to provide to any wholesale buyer enterprise willing to agree.
- The agreements must be written clearly, consistently, and specifically under the correct service name to ensure that the wholesale buyer enterprise only purchases wholesale services from the list of telecommunications service markets managed by the State that they wish to buy.
The wholesale service agreement must include at least the following:
- Requirements and principles for providing the service.
- Procedures and processes for providing the service.
- Description of the services to be provided, including technical characteristics (with information on network configuration if necessary for effective network access).
- Service quality standards, including at least the quality indicators already published.
- Operational and technical requirements that the wholesale buyer must comply with to avoid damaging the wholesale business’s network.
- Content on telecommunications connectivity as regulated by the Ministry of Information and Communications (in cases of network leasing).
- Terms on pricing and procedures for reconciliation and payment of service usage fees.
- Forms of payment for service usage.
Procedures for implementing changes (additions, reductions) in services.
- Measures to ensure infrastructure safety and information security.
- Regulations on information confidentiality and data privacy used during service provision and usage.
- Other rights and obligations of the wholesale buyer/seller (if any).
- Regulations on the right to terminate the agreement and compensation for damages if either party fails to fulfill commitments in the agreement.
- Dispute resolution, compensation, and complaints.
- Contact information.
Wholesale businesses must send a document to the Ministry of Information and Communications (Department of Telecommunications) if specific guidance on the content of the wholesale service agreement is needed.
This circular takes effect from August 23, 2024.
